Crime Commission Act 1997

Queensland CRIME COMMISSION ACT 1997 Reprinted as in force on 1 January 2002 (includes amendments up to Act No. 45 of 2001) This is the reprint current on the repeal date Reprint No. 2D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 January 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CRIME COMMISSION ACT 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Objects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Meaning of “criminal paedophilia”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Meaning of “major crime” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Meaning of “organised crime” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Meaning of “relevant criminal activity” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 References to criminal activity include suspected criminal activity . . . . . . . 11 PART 2—QUEENSLAND CRIME COMMISSION AND CRIME COMMISSIONER Division 1—Queensland crime commission 11 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 QCC is a body corporate etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2—Crime commissioner and assistant commissioners 13 Crime commissioner and assistant crime commissioners . . . . . . . . . . . . . . . 12 14 Appointment of crime commissioner and assistant crime commissioners . . 12 15 Establishment of selection panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Nomination for appointment as commission member . . . . . . . . . . . . . . . . . 14 17 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 18 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Preservation of rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Crime Commission Act 1997 21 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Acting commission members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 Disclosure of pecuniary interests by commission members . . . . . . . . . . . . . 16 Division 3—QCC staff and agents 25 QCC staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 26 Engagement of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27 Counsel assisting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4—QCC Functions 28 QCC’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 29 Crime commissioner may ask for reference or change to reference . . . . . . . 18 Division 5—QCC’s interaction with other entities 30 Police task forces to assist QCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31 Liaison with other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 32 QCC may give information to other entities . . . . . . . . . . . . . . . . . . . . . . . . . 19 33 CJC to be advised of official misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 6—Public sittings 34 Public sittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 7—Delegations and authorised QCC officers 35 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 36 Authorised QCC officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 8—QCC’s annual report 37 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 3—MANAGEMENT COMMITTEE Division 1—Establishment of management committee 38 Establishment of management committee. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 39 Membership of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 40 Deputy committee member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 41 Duration of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . . 24 42 Terms of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . . . . 24 43 Resignation of appointed member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 44 Termination of appointment of appointed member . . . . . . . . . . . . . . . . . . . . 24

3 Crime Commission Act 1997 Division 2—Functions 45 Management committee’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 3—Referrals 46 Referrals to QCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 47 Management committee may give QCC directions about investigations . . . 27 48 Referrals to police service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 4—Management committee powers and associated QCC duties 49 Management committee may obtain information from QCC . . . . . . . . . . . . 28 50 Management committee may give directions and guidelines to QCC . . . . . 28 Division 5—Complaints 51 Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 6—Meetings and other business of management committee 52 Meaning of “required minimum number” of committee members. . . . . . . . 29 53 Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 54 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 55 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 56 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 57 Participation in meetings by telephone etc.. . . . . . . . . . . . . . . . . . . . . . . . . . 30 58 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 59 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 4—PARLIAMENTARY COMMISSIONER Division 1—Functions 60 Functions of parliamentary commissioner for this Act . . . . . . . . . . . . . . . . . 31 Division 2—Reviews 61 Intelligence data review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 62 CJC access review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 63 Parliamentary commissioner to decide whether access to be given . . . . . . . 33 Division 3—Powers 64 Powers—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 65 Powers—intelligence data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 66 Powers—CJC access review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

4 Crime Commission Act 1997 Division 4—General 67 Confidentiality obligations not to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Protection of parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5—PUBLIC INTEREST MONITOR 69 Public interest monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Monitor’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70A Acting monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Monitor’s annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6—POWERS Division 1—Units of public administration 73 Commission member may require information etc. from units of public administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Search warrants generally 74 Search warrant applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Issue of search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Order in search warrants about documents . . . . . . . . . . . . . . . . . . . . . . . . . . 77 When warrant ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77A What search warrant must state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77B Powers under search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77C Copy of search warrant to be given to occupier . . . . . . . . . . . . . . . . . . . . . . 77D Search to prevent loss of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77E Post-search approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77F Making of post-search approval order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77G Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77H Limitations on search of persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77I Supplying officer’s details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77J Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Requirements after property is seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Right to inspect seized documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 35 35 36 37 37 38 38 38 40 40 41 41 41 42 43 44 44 45 45 45 46 47 48 49 49

5 Crime Commission Act 1997 Division 3—Non-application of certain Acts 81 Certain Acts do not apply to divs 3A-3E. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3A—Use of surveillance devices under warrant of Supreme Court judge 82 Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Who may be present at consideration of application for surveillance warrant ................................................ 84 Consideration of application for surveillance warrant . . . . . . . . . . . . . . . . . 85 Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 What surveillance warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Report on use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . . . . . . 89 Power under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3B—Emergency use of surveillance devices 90 Emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Application for approval of emergency use of surveillance device. . . . . . . . 91A Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 91B Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91C Judge may approve emergency use of powers . . . . . . . . . . . . . . . . . . . . . . . 91D Use of evidence and information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3C—Use of surveillance devices under magistrates warrant 91E Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91F Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 91G Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91H Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91I What warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91J Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . . . . . . 91K Powers under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3D—Other provisions about surveillance devices 91L Restriction about records and access to surveillance warrant applications etc. ......................................... 91M Disclosure of information obtained using surveillance warrant . . . . . . . . . . 91N Destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 50 51 51 52 53 53 53 54 55 55 56 56 57 57 57 58 59 59 60 60 61 61 62 63

6 Crime Commission Act 1997 91O 91P 91Q 91R 91S 91T 91U 91V 91W 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 Division 3E—Covert searches Covert search warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may be present at consideration of application . . . . . . . . . . . . . . . . . . Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What covert search warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration and extension of covert search warrant . . . . . . . . . . . . . . . . . . . . . Restriction about records and access to covert search warrant applications . Powers under covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Warrants register Register of warrants, warrant applications etc. . . . . . . . . . . . . . . . . . . . . . . . Division 5—Notice to produce Notice to produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to produce—claim of privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Attendance notice Attendance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence not to attend hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Arrest Arrest warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8—General QCC’s powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7—HEARINGS QCC may hold hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearings are closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal representation and examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to produce—claim of reasonable excuse . . . . . . . . . . . . . . . . . . . . . Return of sealed documents or things for decision on claim of privilege at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal to take oath or affirmation or to answer question. . . . . . . . . . . . . . . 63 64 65 65 65 66 66 67 67 68 69 70 71 72 72 74 74 75 75 75 76 77 77 78 79

7 Crime Commission Act 1997 108 Presiding member to decide whether refusal to answer questions or produce documents or things is justified . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Appeals to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Restriction on use of privileged answers, documents and things disclosed or produced under compulsion . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Publication of names, evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 QCC must give evidence to defence unless court certifies otherwise . . . . . . 113 Protection of members, legal representatives and witnesses . . . . . . . . . . . . . 114 Contempt of commission member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Allowances for witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8—OFFENCES 119 Disclosures about QCC notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 False or misleading statements or documents . . . . . . . . . . . . . . . . . . . . . . . . 121 Obstruction of QCC etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Injury or detriment to witness etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Pretending to be a QCC officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Proceedings for indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 9—GENERAL 126 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Protection of witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Record of execution of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10—TRANSITIONAL PROVISIONS 132 Audit of investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . DICTIONARY 80 81 82 83 84 84 85 85 86 86 87 87 89 89 90 90 90 90 91 92 93 93 93 93 94 95

8 Crime Commission Act 1997 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 101 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

s1 9 s4 Crime Commission Act 1997 CRIME COMMISSION ACT 1997 [as amended by all amendments that commenced on or before 1 January 2002] An Act to establish the Queensland Crime Commission, and for other matters PART 1—PRELIMINARY 1 Short title This Act may be cited as the Crime Commission Act 1997 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States. 4 Objects (1) The objects of this Act are to provide for— (a) the establishment of a permanent crime commission to investigate criminal activity referred to it and, in particular, criminal paedophilia and major and organised crime; and (b) the establishment of a management committee to oversight the activities of the crime commission and to refer matters to the crime commission for investigation; and (c) the accountability of the crime commission to the Minister and the Legislative Assembly; and

s 5 10 s 8 Crime Commission Act 1997 (d) a mechanism for the investigation of complaints against the crime commission or members or officers of the crime commission. (2) It is Parliament’s intention that the investigation of criminal activity be conducted by the crime commission and other law enforcement agencies working cooperatively as partners to achieve optimal use of available law enforcement resources. (3) However, Parliament recognises that the investigation of official misconduct should be undertaken independently of general law enforcement, and that the need for cooperation between law enforcement agencies may be subordinate to the need for independent investigation of official misconduct. 5 Dictionary The dictionary in the schedule defines particular words used in this Act. 6 Meaning of “criminal paedophilia” (1) “Criminal paedophilia” means activities involving— (a) offences of a sexual nature committed in relation to children; or (b) offences relating to obscene material depicting children. (2) It is immaterial whether the offence is committed in Queensland or elsewhere if the offender or the child is ordinarily resident in Queensland. 7 Meaning of “major crime” “Major crime” means criminal activity, other than relevant criminal activity, that involves an indictable offence punishable on conviction by a term of imprisonment not less than 14 years. 8 Meaning of “organised crime” “Organised crime” means criminal activity that involves— (a) indictable offences punishable on conviction by a term of imprisonment not less than 7 years; and (b) 2 or more persons; and

s 9 11 s 12 Crime Commission Act 1997 (c) substantial planning and organisation or systematic and continuing activity; and (d) a purpose to obtain profit, gain, power or influence. 9 Meaning of “relevant criminal activity” A thing is “relevant criminal activity” if it involves— (a) criminal paedophilia; or (b) organised crime; or (c) something that is— (i) preparatory to the commission of criminal paedophilia or organised crime; or (ii) undertaken to avoid detection of or prosecution for criminal paedophilia or organised crime. 10 References to criminal activity include suspected criminal activity A reference to criminal paedophilia, major crime, organised crime or relevant criminal activity includes, in the context of investigation, suspected criminal paedophilia, suspected major crime, suspected organised crime and suspected relevant criminal activity. PART 2—QUEENSLAND CRIME COMMISSION AND CRIME COMMISSIONER Division 1—Queensland crime commission 11 Establishment The Queensland Crime Commission ( “QCC” ) is established. 12 QCC is a body corporate etc. (1) QCC—

s 13 12 s 14 Crime Commission Act 1997 (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (2) QCC consists of the following members— (a) the crime commissioner who is the chairperson; (b) each assistant crime commissioner. (3) QCC is— (a) a unit of public administration under— (i) the Criminal Justice Act 1989 ; and (ii) the Public Sector Ethics Act 1994 ; and (b) a statutory body under the Financial Administration and Audit Act 1977 . (4) Judicial notice must be taken of the imprint of QCC’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved. Division 2—Crime commissioner and assistant commissioners 13 Crime commissioner and assistant crime commissioners (1) There is to be a crime commissioner and there may be 1 or more assistant crime commissioners. (2) The crime commissioner is the chief executive officer of QCC and the accountable officer of QCC for the Financial Administration and Audit Act 1977 . 14 Appointment of crime commissioner and assistant crime commissioners (1) The crime commissioner and assistant crime commissioners are to be appointed by the Governor in Council. (2) A person is qualified for appointment as the crime commissioner if the person has served as, or is qualified for appointment as, a judge of— (a) the Supreme Court of Queensland; or

s 15 13 s 15 Crime Commission Act 1997 (b) the Supreme Court of another State. (3) A person is qualified for appointment as an assistant crime commissioner if the person is nominated for appointment by the Minister. (4) However, a person is not qualified for appointment as a commission member if the person has been found guilty of an indictable offence. 1 (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6, 8 and 9, 2 do not apply in relation to the appointment of a commission member. (6) The commission members are to be appointed under this Act, and not under the Public Service Act 1996 . (7) The crime commissioner must be appointed on a full-time basis. (8) An assistant crime commissioner may be appointed on a full-time or part-time basis. 15 Establishment of selection panel (1) The Minister must establish a selection panel to consider applicants for appointment as commission members. (2) The panel must include— (a) the Minister; and (b) 3 persons appointed by the Minister, at least 2 of whom have expertise in the commission’s functions. (3) The Minister must invite the person recognised in the Legislative Assembly as the Leader of the Opposition to be a panel member or to nominate another member of the Assembly to be a panel member in place of the leader. (4) If the leader accepts the Minister’s invitation, the leader or the leader’s nominee is a panel member. 1 Acts Interpretation Act 1954 , section 36— “indictable offence” includes an act or omission committed outside Queensland that would be an indictable offence if it were committed in Queensland. 2 Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 (Non-disclosure of convictions upon expiration of rehabilitation period), 8 (Lawful to deny certain convictions) and 9 (Duty to disregard certain convictions)

s 16 14 s 19 Crime Commission Act 1997 16 Nomination for appointment as commission member The Minister may nominate a person for appointment as a commission member only after— (a) advertising for applications; and (b) consulting with the other selection panel members. 17 Duration of appointment A commission member holds office for the term, not longer than 5 years, stated in the instrument of appointment. 18 Terms of appointment (1) A commission member is to be paid the remuneration and allowances decided by the Governor in Council. (2) A commission member holds office on the terms, not provided for in this Act, decided by the Governor in Council. 19 Preservation of rights (1) This section applies if a public service officer is appointed as a commission member. (2) The person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a commission member were a continuation of service as a public service officer. (3) At the end of the person’s term of office or on resignation— (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as a commission member; and (b) the person’s service as a commission member is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer.

s 20 15 s 23 Crime Commission Act 1997 20 Leave of absence The Minister may grant leave of absence to a commission member on the terms the Minister considers appropriate. 21 Resignation A commission member may resign by signed notice given to the Minister. 22 Termination of appointment (1) The Governor in Council may terminate the appointment of a commission member if the member— (a) becomes incapable of satisfactorily performing the member’s duties; or (b) is guilty of misconduct that could warrant dismissal from the public service if the member were a public service officer; or (c) is an undischarged bankrupt or is taking advantage of the laws in force relating to bankrupt debtors; or (d) is absent from duty or from the State, without the Minister’s leave and without reasonable excuse, for 7 consecutive days or 14 days in a year. (2) The Governor in Council must terminate a commission member’s appointment if the commission member— (a) is found guilty of an indictable offence; or (b) engages in paid employment outside the duties of office without the Minister’s approval. 23 Acting commission members (1) The Governor in Council may appoint a person, who is qualified for appointment as the crime commissioner, to act as the crime commissioner— (a) during a vacancy in the office; or (b) during any period, or all periods, when the crime commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.

s 24 16 s 25 Crime Commission Act 1997 (2) The Governor in Council may appoint a person, who is qualified for appointment as an assistant crime commissioner, to act as an assistant crime commissioner— (a) during a vacancy in the office; or (b) during any period, or all periods, when an assistant crime commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office. 24 Disclosure of pecuniary interests by commission members (1) QCC must keep a register of each commission member’s pecuniary interests at the time of the member’s appointment as a commission member or acquired by the member during his or her term of office as a commission member. (2) Each commission member must give to QCC, the Minister and the management committee— (a) as soon as practicable after the member’s appointment as a commission member—a written summary of the member’s pecuniary interests at the time of the member’s appointment; and (b) within 30 days after any substantial change in the member’s pecuniary interests—written information of the change. (3) The register and record kept under subsection (1) must be updated at least once during each 12 month period of a commissioner member’s term of office. Division 3—QCC staff and agents 25 QCC staff (1) QCC staff are to be employed under the Public Service Act 1996 . (2) QCC may arrange with the chief executive of a department, or with another unit of public administration, for the services of officers or employees of the department or other unit to be made available to it.

s 26 17 s 28 Crime Commission Act 1997 26 Engagement of agents (1) To meet temporary circumstances, QCC may engage suitably qualified persons (each a “QCC agent” ) to provide it with services, information or advice. (2) A person engaged under subsection (1) is engaged on the terms and conditions decided by QCC and not under the Public Service Act 1996 . 27 Counsel assisting With the approval of the management committee, QCC may engage, under section 26, a lawyer to assist it as counsel, either generally or in relation to a particular matter or matters. Division 4—QCC Functions 28 QCC’s functions (1) QCC has the following functions— (a) to investigate relevant criminal activity or major crime referred to it by the management committee; (b) when conducting investigations, to gather evidence for— (i) the prosecution of persons for offences; and (ii) the recovery of the proceeds of relevant criminal activity or major crime; (c) to refer evidence of official misconduct in its possession to the CJC; (d) to undertake tasks the management committee may lawfully ask QCC to undertake; (e) to maintain an effective intelligence service about relevant criminal activity and major crime, and to monitor the intelligence data collected with a view to forecasting trends in relevant criminal activity and major crime; (f) to liaise with, provide information to, and receive information from, other law enforcement agencies, including agencies outside the State or Australia, about relevant criminal activity and major crime.

s 29 18 s 31 Crime Commission Act 1997 (2) The conferral of functions on QCC under subsection (1) does not limit the power of the police service or another law enforcement agency to perform the functions, but each law enforcement agency, including QCC, is to use its best endeavours to work cooperatively with each other law enforcement agency to achieve optimal use of available resources. 29 Crime commissioner may ask for reference or change to reference (1) The crime commissioner may, if he or she considers it appropriate, ask the management committee to refer to QCC for investigation— (a) relevant criminal activity; or (b) a major crime. (2) The request must be written and may be supported by any written submission the crime commissioner considers appropriate. (3) The crime commissioner may, if he or she considers it appropriate, ask the management committee to change the terms of an existing reference. Division 5—QCC’s interaction with other entities 30 Police task forces to assist QCC (1) The management committee may make arrangements with the police commissioner for the establishment of a police task force to help QCC carry out an investigation. (2) The task force is, subject to subsection (3), under the control and direction of the police commissioner. (3) The management committee may give directions or guidelines to QCC and the police commissioner for the establishment of the task force, and QCC and the police commissioner must comply with the directions or guidelines. 31 Liaison with other entities (1) QCC may liaise with, give information about criminal activity to, and receive information about criminal activity from—

s 32 19 s 33 Crime Commission Act 1997 (a) other law enforcement agencies, including agencies outside the State or Australia; or (b) if the management committee approves—other entities, including entities outside the State or Australia. (2) With the approval of the management committee, QCC may enter into operational agreements with other entities, including an entity mentioned in section 45(1)(b)(ii), 3 for the giving of information to help QCC perform its investigative function. 32 QCC may give information to other entities Without limiting anyone’s right to start a prosecution for an offence, if QCC has evidence of an offence against a law of the State, the Commonwealth or another State, QCC may give the evidence to the law enforcement agency QCC considers appropriate. 33 CJC to be advised of official misconduct (1) If QCC has evidence of official misconduct, QCC must advise the CJC of the official misconduct as soon as practicable. (2) If the advice is likely to prejudice an investigation QCC is conducting, QCC need not advise the CJC until QCC is satisfied the advice is not likely to prejudice the investigation. (3) QCC must advise the parliamentary commissioner of a decision under subsection (2) not to advise the CJC of evidence of official misconduct. (4) The parliamentary commissioner must monitor the delay in giving the evidence to the CJC and decide when it must be given to the CJC. 3 Section 45 (Management committee’s functions)

s 34 20 s 35 Crime Commission Act 1997 Division 6—Public sittings 34 Public sittings (1) With the approval of the management committee, QCC may hold sittings in public to inform the public of, or receive submissions about, the general conduct of its operations. (2) The sitting must be conducted by 1 or more commission members. (3) QCC must not divulge in the course of a sitting any matter the disclosure of which to members of the public could prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. Division 7—Delegations and authorised QCC officers 35 Delegation (1) The crime commissioner may delegate QCC’s powers under this or another Act to— (a) an assistant crime commissioner; or (b) an appropriately qualified QCC officer. (2) Subsection (1) does not apply to a QCC power that, under the provision of an Act conferring the power, is to be exercised by a stated person. (3) The crime commissioner may delegate the crime commissioner’s powers to— (a) an assistant crime commissioner; or (b) an appropriately qualified QCC officer. (4) In this section— “appropriately qualified” means having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’ — The level at which a person is employed in QCC.

s 36 21 s 37 Crime Commission Act 1997 36 Authorised QCC officer (1) The crime commissioner may authorise an appropriately qualified officer or employee of QCC to perform the functions of, exercise the powers of, or for any purpose to be, an authorised QCC officer under a provision of this Act or another Act. (2) An authorisation may be given on conditions. (3) The crime commissioner, an assistant crime commissioner and a police officer who is a member of a police task force is an authorised QCC officer for all purposes. (4) A reference in a provision of this or another Act to an authorised QCC officer is a reference to a person who is an authorised QCC officer under this section. (5) In this section— “appropriately qualified” includes having the qualifications, experience or standing appropriate to perform the function of, exercise the power of, or to be, an authorised QCC officer. Example of ‘standing’ — The level at which a person is employed in or engaged by QCC. Division 8—QCC’s annual report 37 Annual report (1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the crime commissioner must prepare and give to the Minister a written report about the operation of QCC during the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report. (3) Each annual report of QCC must include the following— (a) a description of the matters that were referred during the year to QCC for investigation; (b) a description, which may include statistics, of relevant criminal activity or major crime that has come to the attention of QCC during the year;

s 38 22 s 38 Crime Commission Act 1997 (c) the extent to which its investigations have resulted in the prosecution in the year of persons for offences; (d) particulars of any arrest warrants issued under this Act during the year; (e) particulars of the number and results of— (i) applications to appeal and appeals under section 109; 4 and (ii) other court proceedings involving QCC; that were decided, or otherwise disposed of, during the year; (f) another matter decided by the management committee. (4) A report by QCC under this section must not— (a) identify persons as being suspected of having committed offences; or (b) identify persons as having committed offences, unless the persons have been convicted of the offences. (5) QCC must take reasonable care to ensure in an annual report the identity of a person is not revealed if to reveal it might, having regard to any material appearing in the report, prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. (6) A report containing particulars of arrest warrants must not reveal the identity of persons against whom the warrants were issued. PART 3—MANAGEMENT COMMITTEE Division 1—Establishment of management committee 38 Establishment of management committee The Queensland Crime Commission Management Committee ( “management committee” ) is established. 4 Section 109 (Appeals to Supreme Court)

s 39 23 s 39 Crime Commission Act 1997 39 Membership of management committee (1) The management committee consists of the following committee members— (a) the crime commissioner who is the chairperson of the management committee; (b) the police commissioner; (c) the chairperson of the CJC; (d) the chairperson of the national crime authority; (e) the chairperson of the parliamentary committee; (f) the deputy chairperson of the parliamentary committee; (g) the Commissioner for Children and Young People; (h) 2 persons appointed by the Governor in Council as community representatives (each of whom is an “appointed member” ), of whom 1 at least must have a demonstrated interest in civil liberties and 1 at least must be a female. (2) For an appointment of a person as a community representative, the Minister must cause notification of the Minister’s intention to make a nomination to the Governor in Council to be advertised statewide, calling for applications from suitably qualified persons to be considered for nomination. (3) Before making the nomination to the Governor in Council, the Minister must consult with the person recognised in the Legislative Assembly as the Leader of the Opposition. (4) The following persons are not eligible to be appointed as a community representative— (a) a police officer; (b) a member or officer of the CJC; (c) another person holding an office or appointment in a unit of public administration; (d) a person who has been convicted of an indictable offence; (e) a person who is an undischarged bankrupt or is taking advantage of the laws in force relating to bankrupt debtors.

s 40 24 s 44 Crime Commission Act 1997 40 Deputy committee member (1) The police commissioner may appoint as the commissioner’s deputy for a management committee meeting an officer holding rank equal to or higher than assistant commissioner ( “deputy committee member” ). (2) The chairperson of the CJC may appoint as the chairperson’s deputy for a management committee meeting another member of the CJC (also a “deputy committee member” ). (3) The chairperson of the national crime authority may appoint as the chairperson’s deputy for a management committee meeting a person nominated by the chairperson (also a “deputy committee member” ). (4) If the police commissioner or either chairperson appoints a deputy committee member for a management committee meeting, the deputy is taken to be the committee member for whom the person is deputy at the meeting. 41 Duration of appointment of appointed member An appointed member holds office for the term, not longer than 3 years, stated in the instrument of appointment. 42 Terms of appointment of appointed member (1) An appointed member is appointed on a part-time basis. (2) An appointed member holds office on the terms, not provided for in this Act, decided by the Governor in Council. 43 Resignation of appointed member An appointed member may resign by signed notice given to the Minister. 44 Termination of appointment of appointed member (1) The Governor in Council may terminate the appointment of a person as an appointed member, if the person— (a) stops being eligible for appointment as an appointed committee member; or (b) becomes incapable of satisfactorily performing the member’s duties; or

s 45 25 s 46 Crime Commission Act 1997 (c) is guilty of misconduct that could warrant dismissal from the public service if the member were a public service officer. (2) The Governor in Council must terminate the appointment of a person as an appointed member, if the person is convicted of an indictable offence. Division 2—Functions 45 Management committee’s functions (1) The management committee has the following functions— (a) to refer, as provided under this Act, relevant criminal activity and major crime to QCC for investigation; (b) to arrange for, and coordinate to the extent the committee considers appropriate, joint investigations into relevant criminal activity or major crime by— (i) QCC; and (ii) a police task force or another entity; (c) to receive complaints made against, or concerns expressed about, the conduct or activities of QCC or a QCC officer; (d) to review and monitor generally the work of QCC. (2) The crime commissioner must give the management committee reasonable administrative services and support to enable the committee to perform its functions. Division 3—Referrals 46 Referrals to QCC (1) The management committee may refer relevant criminal activity to QCC for investigation— (a) on its own initiative; or (b) at the request of the police commissioner; or (c) at the request of the crime commissioner.

s 46 26 s 46 Crime Commission Act 1997 (2) The management committee may refer major crime to QCC for investigation at the request of the police commissioner. (3) The referral must be written. (4) The committee may, on its own initiative, refer relevant criminal activity to QCC for investigation only if it is satisfied— (a) an investigation into the relevant activity is unlikely to be effective using powers ordinarily available to the police service; and (b) it is in the public interest to refer the relevant criminal activity to QCC. (5) The committee may, at the request of the police commissioner, refer suspected relevant criminal activity or a major crime to QCC for investigation only if it is satisfied— (a) the police service has carried out an investigation into the relevant criminal activity or major crime that has not been effective; and (b) further investigation into the relevant criminal activity or major crime is unlikely to be effective using powers ordinarily available to police officers; and (c) it is in the public interest to refer the relevant criminal activity or major crime to QCC. (6) Without limiting the matters to which the committee may have regard in deciding whether it is in the public interest to refer the relevant criminal activity or major crime to QCC, the committee may have regard to the following matters— (a) the number of persons that may be involved in the relevant criminal activity or major crime; (b) the degree of planning and organisation likely to be involved in the relevant criminal activity or major crime; (c) the seriousness of, or the consequences of, the relevant criminal activity or major crime; (d) the person or persons likely to be responsible for planning and organising the relevant criminal activity or major crime; (e) the likely involvement of those persons in similar activities;

s 47 27 s 48 Crime Commission Act 1997 (f) the financial or other benefits likely to be derived by those or other persons from the relevant criminal activity or major crime; (g) whether investigation by QCC is a justifiable use of resources. (7) Despite this section, QCC is taken to have a standing reference from the management committee to investigate criminal paedophilia. 47 Management committee may give QCC directions about investigations (1) The management committee may give QCC directions imposing limitations on an investigation, including limitations on the exercise of QCC’s powers for the investigation. (2) The committee may also direct QCC to end a particular investigation if the committee considers— (a) it may be more appropriate for another entity to undertake the investigation; or (b) it may be more effective for another entity to undertake the investigation; or (c) investigation by QCC is an unjustifiable use of resources. (3) QCC must comply with a direction given under subsection (1) or (2). 48 Referrals to police service (1) The management committee may refer criminal activity to the police commissioner for investigation if it is satisfied that the complaint is not appropriate for investigation or continued investigation by QCC. (2) The referral must be written. (3) The police commissioner must, if asked by the committee, report to the committee on the referral. (4) The police commissioner must consider any comments about the referral raised by the committee.

s 49 28 s 51 Crime Commission Act 1997 Division 4—Management committee powers and associated QCC duties 49 Management committee may obtain information from QCC (1) QCC must keep the management committee informed of the general conduct of its operations in the performance of its functions. (2) If the management committee asks QCC to give to it information concerning a matter relating to QCC’s operations in the performance of its functions, QCC must comply with the request and give the help the committee needs to consider the information. (3) Information provided to the management committee is provided on a confidential basis. 50 Management committee may give directions and guidelines to QCC (1) The management committee may give directions or guidelines to QCC about— (a) the performance of its functions; or (b) its internal management. (2) QCC must comply with the directions or guidelines. Division 5—Complaints 51 Complaints (1) If the management committee receives a complaint that provides evidence of official misconduct against QCC or a QCC officer, the management committee must refer the complaint to the CJC. (2) If the management committee receives a complaint against QCC or a QCC officer about a matter other than official misconduct, the management committee may take action about the complaint it considers appropriate, including— (a) making inquiries; and (b) referring the complaint to another entity for action.

s 52 29 s 56 Crime Commission Act 1997 Division 6—Meetings and other business of management committee 52 Meaning of “required minimum number” of committee members In this division— “required minimum number” of committee members means the number that is half the number of committee members of which the management committee for the time being consists or, if that number is not a whole number, the next higher whole number. 53 Conduct of meetings and other business Subject to this division, the management committee may conduct its business, including its meetings, in the way it considers appropriate. 54 Times and places of meetings (1) Meetings of the management committee are to be held at the times and places the committee decides. (2) However, the crime commissioner— (a) may at any time convene a meeting; and (b) must convene a meeting when asked by at least the required minimum number of committee members. 55 Presiding at meetings (1) The crime commissioner is to preside at all meetings at which the crime commissioner is present. (2) If the crime commissioner is not present at a meeting, the committee member chosen by the committee members present at the meeting is to preside. 56 Quorum and voting at meetings At a management committee meeting— (a) the required minimum number of committee members constitute a quorum; and

s 57 30 s 59 Crime Commission Act 1997 (b) a question is to be decided by a majority of the votes of the committee members present and voting; and (c) each committee member present has a vote on each question arising for decision and, if the votes are equal, the committee member presiding also has a casting vote. 57 Participation in meetings by telephone etc. (1) The management committee may permit its members to participate in a particular meeting, or all meetings, by— (a) telephone; or (b) closed circuit television; or (c) another means of communication permitting contemporaneous communication with other committee members. (2) A committee member who participates in a committee meeting under a permission under subsection (1) is taken to be present at the meeting. 58 Resolutions without meetings (1) If at least a majority of committee members sign a document containing a statement that they are in favour of a resolution stated in the document, a resolution in those terms is taken to have been passed at a committee meeting held— (a) on the day on which the document is signed; or (b) if the committee members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document. (2) If a resolution is, under subsection (1), taken to have been passed at a committee meeting, each committee member must be advised immediately of the matter and given a copy of the terms of the resolution. (3) For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more committee members, are taken to constitute a single document. 59 Minutes The committee must keep minutes of its proceedings.

s 60 31 s 61 Crime Commission Act 1997 PART 4—PARLIAMENTARY COMMISSIONER Division 1—Functions 60 Functions of parliamentary commissioner for this Act The parliamentary commissioner has the following functions for this Act— (a) to conduct an annual review of intelligence data in the possession of QCC, the police service and the CJC; (b) to review a QCC decision to deny access to the CJC to information, a document or a thing in QCC’s possession; (c) to advise the management committee on the results of performing the functions mentioned in paragraph (a) or (b); (d) other functions expressly stated in any provisions of this Act. Division 2—Reviews 61 Intelligence data review (1) The parliamentary commissioner must conduct an annual review of intelligence data in the possession of QCC, the police service and the CJC (each an “agency” ). (2) The purposes of the review are— (a) to consider whether intelligence data held by each agency is appropriately held by the agency having regard to the agency’s functions; and (b) to consider whether there is unnecessary duplication of intelligence data held by the agencies; and (c) to consider whether the agencies are working cooperatively as partners to achieve optimal use of— (i) available intelligence data; and (ii) the resources used to collect, collate or record the data; and (d) to consider whether an agency is placing inappropriate restrictions on access to intelligence data by other agencies.

s 62 32 s 62 Crime Commission Act 1997 (3) The parliamentary commissioner must— (a) prepare written advice on the review containing the commissioner’s findings and recommendations; and (b) give the advice to the management committee. (4) The advice must be prepared in general terms in a way that does not disclose intelligence data or other confidential information. (5) The parliamentary commissioner must, when preparing his or her advice, have regard to the need for the investigation of official misconduct to be undertaken independently of general law enforcement. 5 (6) The parliamentary commissioner must conduct the first annual review under this section within 12 months of the later of the following days— (a) the day this section commences; (b) the day the first parliamentary commissioner is appointed. (7) Each subsequent review, must be done as soon as practicable after the end of each financial year, and within 4 months after the end of the financial year. 62 CJC access review (1) This section applies if— (a) the CJC asks QCC for access to information, a document or thing in the possession of QCC relating to official misconduct; and (b) QCC decides to deny access to the information, document or thing; and (c) the parliamentary commissioner is satisfied that the information, document or thing may be relevant to a CJC investigation. (2) The parliamentary commissioner may, at the CJC’s request, review QCC’s decision to deny access. 5 See, for example, the Criminal Justice Act 1989 , section 58(2)(c) (Role and functions).

s 63 33 s 65 Crime Commission Act 1997 63 Parliamentary commissioner to decide whether access to be given The parliamentary commissioner must decide whether the CJC is to be given access, wholly or partly, to the information, document or thing for its investigation. Division 3—Powers 64 Powers—general (1) The parliamentary commissioner has power to do all things necessary or convenient for the performance of his or her functions under this Act. (2) For the performance of his or her functions, the parliamentary commissioner may, by order given to the crime commissioner, require a QCC officer to do 1 or more of the following— (a) produce to the parliamentary commissioner, or allow the parliamentary commissioner unrestricted access to, all records, files and documents in QCC’s possession; (b) give to the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing his or her functions. (3) If documents are produced to the parliamentary commissioner under this division, the parliamentary commissioner may keep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions. (4) While the parliamentary commissioner has possession of a document under subsection (3), the parliamentary commissioner must permit a person who would be entitled to inspect the document if it were in the possession of the commission, to inspect it at all reasonable times. (5) A person to whom an order under subsection (2) is directed must comply with the order. 65 Powers—intelligence data (1) The parliamentary commissioner may recommend that an agency remove a restriction it has placed on intelligence data in the agency’s possession to allow another agency access to the data.

s 66 34 s 67 Crime Commission Act 1997 (2) The parliamentary commissioner must advise the management committee of the recommendation. (3) In this section— “agency” means QCC, the police service or the CJC. 66 Powers—CJC access review (1) For section 63, 6 the parliamentary commissioner may, by order, give the CJC access to the information, document or thing mentioned in the section if the parliamentary commissioner is satisfied that— (a) the information, document or thing is relevant to the CJC’s investigation; and (b) access to the information, document or thing will help the CJC in its investigation; and (c) on balance, the benefit in giving access to the information, document or thing outweighs the detriment that may result if access is given; and (d) giving access to the information, document or thing is not otherwise against the public interest. (2) The parliamentary commissioner’s order may authorise access to the information, document or thing subject to conditions, including, for example, a condition on who may have access to the information, document or thing. (3) QCC must comply with an order under subsection (1). (4) The parliamentary commissioner must advise the management committee of the order under subsection (1). Division 4—General 67 Confidentiality obligations not to apply (1) No obligation to maintain secrecy or other restriction on the disclosure of information, a document or thing in QCC’s possession, 6 Section 63 (Parliamentary commissioner to decide whether access to be given)

s 68 35 s 69 Crime Commission Act 1997 whether imposed under this or another Act or by a rule of law, applies to the disclosure of information, a document or thing under this part to— (a) the parliamentary commissioner; or (b) at the parliamentary commissioner’s order—the CJC. (2) In this section— “disclosure” , of an information, document or thing, includes giving, and giving access to, the information, document or thing. “QCC” includes a QCC officer. 68 Protection of parliamentary commissioner (1) The parliamentary commissioner is not liable, whether on the ground of want of jurisdiction or on another ground, to any civil or criminal proceeding to which the commissioner would be liable apart from this section for any act done or purportedly done under this part in good faith and without negligence. (2) No civil or criminal proceeding may be brought against the parliamentary commissioner for an act mentioned in subsection (1) without the leave of the Supreme Court. (3) The Supreme Court may give leave under subsection (2) only if satisfied there is substantial ground for claiming that the parliamentary commissioner has not acted in good faith or has acted negligently. (4) The parliamentary commissioner may not be called to give evidence or produce any document or thing in any proceeding, about anything coming to the commissioner’s knowledge while performing functions under this part. PART 5—PUBLIC INTEREST MONITOR 69 Public interest monitor (1) The Governor in Council may appoint a person (the “public interest monitor” ) to monitor applications for, and the use of, surveillance warrants and covert search warrants.

s 70 36 s 70 Crime Commission Act 1997 (2) The Governor in Council may also appoint as many deputy public interest monitors as the Minister considers necessary. (3) The Governor in Council may, in the appointment, fix the terms and conditions of the appointment. (4) The Public Service Act 1996 does not apply to the appointment of a monitor. (5) A monitor must not be a person who is, or who is a member of, or who is employed in or by or to assist, any of the following— (a) the Commissioner for Children and Young People; (b) QCC; (c) the CJC; (d) the director of public prosecutions; (e) the office of the director of public prosecutions; (f) the police service. 70 Monitor’s functions (1) The public interest monitor has the functions mentioned in subsection (2) for surveillance warrants and covert search warrants. (2) The functions are— (a) to monitor compliance by QCC with this Act in relation to matters concerning applications for surveillance warrants and covert search warrants; and (b) to appear at any hearing of an application to a Supreme Court judge or a magistrate for a surveillance warrant or covert search warrant, or under section 83(5), to test the validity of the application, and for that purpose at the hearing— (i) present questions for the applicant to answer and examine or cross examine any witness; and (ii) make submissions on the appropriateness of granting the application; and (c) to gather statistical information about the use and effectiveness of surveillance warrants and covert search warrants; and

s 70A 37 Crime Commission Act 1997 s 71 (d) whenever the public interest monitor considers it appropriate—to give to the management committee a report on noncompliance by QCC with this Act. (3) Subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (2)(a), (b) and (c). 70A Acting monitor (1) The Governor in Council may appoint a person, who is qualified for appointment as the public interest monitor, to act as the public interest monitor— (a) during a vacancy in the office; or (b) during any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office. (2) The Governor in Council may appoint a person, who is qualified for appointment as a deputy public interest monitor, to act as a deputy public interest monitor— (a) during a vacancy in the office; or (b) during any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office. 71 Monitor’s annual report (1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the public interest monitor must prepare and give to the Minister a written report on the use of surveillance warrants and covert search warrants. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report. (3) The annual report must not contain information that— (a) discloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or (b) indicates a particular investigation has been, is being, or is to be conducted.

s 72 38 s 73 Crime Commission Act 1997 (4) The public interest monitor’s report may form part of another annual report the monitor is required to prepare under another Act. 72 Secrecy (1) A person who is or was a monitor must not record, use or disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act. Maximum penalty—85 penalty units or 1 year’s imprisonment. (2) Subsection (1) does not apply to a person’s recording, use or disclosure of information in the performance of his or her functions under this Act. (3) A person who is or was a monitor is not in any proceeding compellable to disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act. 72A Protection from liability (1) The public interest monitor or a deputy public interest monitor does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to the public interest monitor or a deputy public interest monitor, the liability attaches instead to the State. PART 6—POWERS Division 1—Units of public administration 73 Commission member may require information etc. from units of public administration (1) A commission member may, by written notice given to a person holding an appointment in a unit of public administration, require the

s 73 39 s 73 Crime Commission Act 1997 person to give a stated QCC officer, within the reasonable time and in the way stated in the notice, information stated in the notice that— (a) is in the unit’s possession; and (b) is relevant to an investigation being conducted by QCC. (2) A commission member may, by written notice given to a person holding an appointment in a unit of public administration, require the person— (a) to attend, at a reasonable time and place stated in the notice, before a stated QCC officer; and (b) to produce at the time and place to the officer a document or thing stated in the notice that— (i) relates to the exercise by the unit of its functions; and (ii) is relevant to an investigation being conducted by QCC. (3) The person must not fail to comply with a notice under subsection (1) or (2), unless the person has a reasonable excuse. Maximum penalty for subsection (3)—85 penalty units or 1 year’s imprisonment. (4) If the person claims to the QCC officer to have a reasonable excuse mentioned in subsection (3), the officer must— (a) if satisfied that the claim is justified—inform the person that the requirement will not be insisted on; or (b) otherwise—inform the person that the officer is not satisfied the claim is justified and advise the person that the person may be required to attend before a QCC hearing to establish the reasonable excuse. (5) For subsections (3) and (4), a claim of reasonable excuse includes a claim on the grounds of privilege. (6) A failure to comply with a notice under subsection (1) or (2) is excused if a provision of another Act prescribed under a regulation for this subsection excuses it. (7) In this section— “holding an appointment” , in a unit of public administration, means holding an office, place or position in the unit, whether the appointment is by way of election or selection.

s 74 40 s 75 Crime Commission Act 1997 Division 2—Search warrants generally 74 Search warrant applications (1) An authorised QCC officer may apply for a warrant to enter and search a place ( “search warrant” ) to obtain evidence of the commission of relevant criminal activity or a major crime being investigated by QCC. (2) The application may be made to a magistrate or Supreme Court judge, unless the application must be made to a Supreme Court judge under subsection (3). (3) The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building. (4) An application under this section must— (a) be sworn and state the grounds on which the warrant is sought; and (b) include information required under a regulation about any warrants issued within the previous year in relation to the place or a person suspected of being involved in the commission of the relevant criminal activity or a major crime to which the application relates. (5) Subsection (4)(b) applies only to— (a) information kept in a register that the QCC officer may inspect; and (b) information the officer otherwise actually knows. (6) The magistrate or judge (the “issuer” ) may refuse to consider the application until the QCC officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. Example — The issuer may require additional information supporting the application to be given by statutory declaration. 75 Issue of search warrant The issuer may issue a search warrant only if satisfied there are reasonable grounds for suspecting evidence of the commission of relevant criminal activity or major crime—

s 76 41 s 77A Crime Commission Act 1997 (a) is at the place; or (b) is likely to be taken to the place within the next 72 hours. 76 Order in search warrants about documents The issuer may, in a search warrant, order the person in possession of documents at the place to give to a QCC officer or police officer all documents that are evidence of the commission of the relevant criminal activity or major crime. 77 When warrant ends (1) A search warrant issued because there are reasonable grounds for suspecting there is evidence of the commission of an offence at a place ends 7 days after it is issued. (2) A search warrant issued because there are reasonable grounds for suspecting evidence of the commission of an offence is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued. 77A What search warrant must state (1) A search warrant must state— (a) that a stated QCC officer, all QCC officers, or all police officers, may enter the place and exercise search warrant powers at the place; and (b) if the warrant is issued in relation to— (i) a relevant criminal activity or a major crime—the relevant criminal activity or major crime for which the warrant is issued; or (ii) a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; and (c) any evidence that may be seized under the warrant; and (d) if the warrant is to be enforced at night, the hours when the place may be entered; and (e) the date and time the warrant ends.

s 77B 42 Crime Commission Act 1997 s 77B (2) If the issuer makes an order under section 76, the warrant must also state that failure, without reasonable excuse, to comply with the order may be dealt with under the Criminal Code, section 205. 7 77B Powers under search warrants (1) An authorised QCC officer or police officer has the following powers under a search warrant ( “search warrant powers” )— (a) power to enter the place stated in the warrant (the “relevant place” ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section; (b) power to pass over, through, along or under another place to enter the relevant place; (c) power to search the relevant place for anything sought under the warrant; (d) power to open anything in the relevant place that is locked; (e) power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant; (f) if the officer reasonably suspects a person on the relevant place has been involved in the commission of the relevant criminal activity or the major crime to which the warrant relates ( “the relevant criminal activity or the major crime” ), power to detain the person for the time taken to search the place; (g) power to dig up land; (h) power to seize a thing found at the relevant place, or on a person found at the relevant place, that the officer reasonably suspects may be evidence of the relevant criminal activity or the major crime; (i) power to muster, hold and inspect any animal the officer reasonably suspects may provide evidence of the relevant criminal activity or the major crime; 7 Criminal Code, section 205 (Disobedience to lawful order issued by statutory authority)

s 77C 43 Crime Commission Act 1997 s 77C (j) power to photograph anything the officer reasonably suspects may provide evidence of the commission of the relevant criminal activity or the major crime; (k) power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for evidence of the commission of the relevant criminal activity or the major crime. (2) Also, a QCC officer or police officer has the following powers if authorised under a search warrant— (a) power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person; (b) power to do whichever of the following is authorised— (i) to search anyone or anything in or on or about to board, or be put in or on, a vehicle; (ii) to take a vehicle to, and search for evidence of the commission of the relevant criminal activity or the major crime that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle. (3) Power to do anything at the relevant place that may cause structural damage to a building may be exercised only if the warrant— (a) authorises the exercise of the power; and (b) is issued by a Supreme Court judge. 77C Copy of search warrant to be given to occupier (1) If a QCC officer or police officer executes a search warrant for a place that is occupied, the officer must— (a) if the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or (b) if the occupier is not present—leave the copy in a conspicuous place. (2) If the officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1), but only for so long as— (a) the officer continues to have the reasonable suspicion; and

s 77D 44 Crime Commission Act 1997 s 77E (b) that officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation. 77D Search to prevent loss of evidence (1) This section applies if an authorised QCC officer reasonably suspects— (a) a thing at or about a place, or in the possession of a person at or about a place is evidence of relevant criminal activity or a major crime being investigated by QCC; and (b) the evidence may be concealed or destroyed unless the place is immediately entered and searched. (2) An authorised QCC officer may enter the place and exercise search warrant powers, other than power to do something that may cause structural damage to a building, at the place as if they were conferred under a search warrant. 77E Post-search approval (1) As soon as reasonably practicable after exercising powers under section 77D, the authorised QCC officer must apply to a magistrate in writing for an order approving the search ( “post-search approval order” ). (2) The application must be sworn and state the grounds on which it is sought. (3) The applicant need not appear at the consideration of the application, unless the magistrate otherwise requires. (4) The magistrate may refuse to consider the application until the authorised QCC officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration.

s 77F 45 Crime Commission Act 1997 s 77H 77F Making of post-search approval order (1) The magistrate may make a post-search approval order only if satisfied— (a) in the circumstances existing before the search— (i) the QCC officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and (ii) there was a reasonable likelihood that the evidence would be concealed or destroyed; or (b) having regard to the nature of the evidence found during the search it is in the public interest to make the order. (2) The magistrate may also make an order under section 78, whether or not a post-search approval order is made. 77G Appeal (1) Within 28 days after either of the following happens, the authorised QCC officer may appeal against the order to the Supreme Court— (a) a magistrate refuses to make a post-search approval order; (b) a magistrate makes an order under section 77F(2). (2) If the authorised QCC officer appeals, the officer must retain the thing seized until the appeal is decided. (3) The court may make an order under section 78, whether or not the appeal is upheld. 77H Limitations on search of persons (1) This section applies to a lawful search of a person under this Act or a warrant. (2) An authorised QCC officer or police officer may require the person to remove items of clothing. (3) However, if it is necessary for the person to remove all clothing other than underwear, or all clothing, the search must be conducted in a place providing reasonable privacy for the person. (4) Unless an immediate search is necessary, the person conducting the search must be either—

s 77I 46 Crime Commission Act 1997 s 77I (a) an authorised QCC officer or police officer of the same sex as the person to be searched; or (b) if there is no authorised QCC officer or police officer of the same sex available to search the person—someone else acting at the direction of an authorised QCC officer or police officer and of the same sex as the person to be searched; or (c) a doctor acting at the direction of an authorised QCC officer or police officer. Example — An immediate search by a person of the opposite sex may be necessary because the person searched may have a concealed firearm. (5) If the authorised QCC officer or police officer seizes clothing because of the search, the officer must ensure the person is left with or given reasonably appropriate clothing. (6) Also, if it is impracticable to search for a thing that may be concealed on a person where the person is, the authorised QCC officer or police officer may take the person to a place with adequate facilities for conducting the search. (7) Before taking a person to another place for a search because it is impracticable to search for a thing that may be concealed on the person where the person is, the QCC officer or police officer must consider the following— (a) whether the thing sought may be concealed on the person; (b) whether, for an effective search, the search should be conducted somewhere else; (c) the need to protect the dignity of the person. 77I Supplying officer’s details (1) This section applies if a QCC officer or police officer— (a) searches a place under a warrant under this division; or (b) seizes any property under a warrant under this division. (2) The officer must, as soon as is reasonably practicable, inform the person the subject of the power of the following— (a) the fact that the officer is a QCC officer or police officer;

s 77J 47 Crime Commission Act 1997 s 77J (b) the officer’s name; and (c) if the QCC officer is a police officer—his or her rank and station. (3) If the officer is not a police officer in uniform, the officer must also produce for inspection his or her identity card. (4) If 2 or more officers are searching a place, only the officer in charge of the search is required to comply with subsections (2) and (3), unless a person asks another officer for the information. 77J Receipt for seized property (1) If a QCC officer or police officer seizes anything under a warrant, the 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) The receipt must describe the thing seized and include any other information required under a regulation. (3) However, if the officer reasonably suspects giving the person the receipt may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1), but only for so long as— (a) the officer continues to have the reasonable suspicion; and (b) that officer or another officer involved in the investigation remains in the vicinity of the place to keep it under observation. (4) Also, this section does not apply if the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned. (5) The officer must ensure the details of the search and anything seized are recorded in the warrants register.

s 78 48 s 78 Crime Commission Act 1997 78 Requirements after property is seized (1) Within 28 days after a QCC officer or police officer seizes anything under a warrant under this division, the officer must apply to a magistrate for an order under subsection (4) about the thing seized, unless— (a) a proceeding has been started about the thing seized; or (b) consent to the continued keeping of the thing has been given by the owner or the person who had lawful possession of the thing before it was seized; or (c) it is destroyed under the authority of another Act. (2) The QCC officer or police officer must also make an application to a magistrate for an order under subsection (4) about the thing seized within 28 days of either of the following happening— (a) a proceeding started about the thing is discontinued without any order being made about it; (b) the consent to the continued keeping of the thing, previously given by the owner or person who had lawful possession of the thing before it was seized, is withdrawn. (3) An application under subsection (1) or (2) must be accompanied by any warrant under which the thing is seized, with a record on it under section 129. 8 (4) The magistrate may, in relation to the thing, order— (a) that it be kept in the possession of QCC or another law enforcement agency until the end of any proceeding involving the thing and any appeal; or (b) that it be returned, or photographed and returned, to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or (c) that it be dealt with by way of proceeding under the Justices Act 1886 , section 39 9 or a forfeiture proceeding; or (d) that it be disposed of or destroyed in the way the magistrate orders. 8 Section 129 (Record of execution of warrant) 9 Justices Act 1886 , section 39 (Power of court to order delivery of certain property)

s 79 49 s 80 Crime Commission Act 1997 (5) Also, at the end of a proceeding, a court may, in relation to a thing seized, make any of the following orders— (a) an order for the return, forfeiture, destruction or disposal of the thing; (b) an order that the thing be dealt with by way of a proceeding under the Justices Act 1886 , section 39 or a forfeiture proceeding; (c) an order that QCC retain the thing until it is dealt with according to law. 79 Right to inspect seized documents (1) Unless a justice otherwise orders, QCC, or another law enforcement agency in whose possession it is, must allow a person who would be entitled to the document— (a) to inspect it at any reasonable time and from time to time; and (b) to take extracts from or make copies of it. (2) QCC or the other law enforcement agency may refuse to comply with subsection (1) if the entity in possession of the thing reasonably suspects complying with the subsection will enable the person to repeat or continue an offence of which the documents are evidence or commit another offence. 80 Return of seized things QCC, or another law enforcement agency in whose possession a seized thing is, must return the seized thing to its owner— (a) if the thing is required as evidence for a prosecution and subject to any order made by a court—at the end of the prosecution and any appeal from the prosecution; or (b) immediately QCC or the other law enforcement agency stops being satisfied its retention as evidence is necessary.

s 81 50 s 82 Crime Commission Act 1997 Division 3—Non-application of certain Acts 81 Certain Acts do not apply to divs 3A-3E The Libraries and Archives Act 1988 and the Freedom of Information Act 1992 do not apply to activities or records under divisions 3A to 3E. Division 3A—Use of surveillance devices under warrant of Supreme Court judge 82 Surveillance warrant applications (1) This section applies if the crime commissioner reasonably believes a person is or has been, is, or is likely to be, involved in relevant criminal activity or a major crime being investigated by QCC. (2) An authorised QCC officer may, with the crime commissioner’s approval, apply to a Supreme Court judge for a warrant ( “surveillance warrant” ) authorising the use of a class A or class B surveillance device or both. (3) For subsection (2), an authorised QCC officer who is a police officer must be of at least the rank of inspector. (4) The application must— (a) be sworn and state the grounds on which the warrant is sought; and (b) include information stated under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application. (5) Subsection (4)(b) only applies to— (a) information kept in a register that the officer may inspect; and (b) information the officer otherwise actually knows. (6) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (7) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.

s 83 51 s 84 Crime Commission Act 1997 Example — The judge may require additional information supporting the application to be given by statutory declaration. 83 Who may be present at consideration of application for surveillance warrant (1) The judge must hear an application for a surveillance warrant in the absence of anyone other than the following— (a) the applicant; (b) a monitor; (c) someone the judge permits to be present; (d) a lawyer representing anyone mentioned in paragraphs (a) to (c). (2) Also, the judge must hear the application— (a) in the absence of the person proposed to be placed under surveillance (the “relevant person” ) or anyone likely to inform the relevant person of the application; and (b) without the relevant person having been informed of the application. 84 Consideration of application for surveillance warrant Before deciding an application for a surveillance warrant, the judge must, in particular, and being mindful of the highly intrusive nature of a surveillance warrant, consider the following— (a) the nature and seriousness of the relevant criminal activity or major crime; (b) for a class A surveillance device, if the warrant is issued, the likely extent of interference with the privacy of— (i) the relevant person; or (ii) any other occupant of the place; (c) the extent to which issuing the warrant would help prevent, detect or provide evidence of the relevant criminal activity or major crime;

s 85 52 s 85 Crime Commission Act 1997 (d) the benefits derived from the issue of any previous surveillance warrants in relation to the relevant person; (e) the extent to which officers investigating the relevant criminal activity or major crime have used or can use conventional ways of investigation; (f) how much the use of conventional ways of investigation would be likely to help in the investigation of the relevant criminal activity or major crime; (g) how much the use of conventional ways of investigation would prejudice the investigation of the relevant criminal activity or major crime because of delay or for another reason; (h) any submissions made by a monitor. 85 Issue of surveillance warrant (1) After considering the application, the judge may issue the warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing the relevant person— (a) has been, is, or is likely to be, involved in the relevant criminal activity or major crime; and (b) is likely to be— (i) at a place, including a public place, mentioned in the application; or (ii) at a class of place mentioned in the application. (2) The judge may issue a warrant for the use of a class A surveillance device in the office of a practising lawyer only if the application for the warrant relates to the lawyer’s involvement in relevant criminal activity or major crime. (3) The judge may impose any conditions on the warrant that the judge considers are necessary in the public interest including, but not limited to— (a) a condition requiring regular reporting to a judge on activities under the warrant; and (b) a condition requiring that, if a listening device is to be used in a public place or class of place, the officer, before installing or using the device, must have a reasonable belief that the relevant person is or will be in the place where the device is to be used.

s 86 53 s 88 Crime Commission Act 1997 Example for subsection 3(b) — The warrant may be issued for any motel in a stated area because the officer may have a reasonable belief that the relevant person may be in a motel in the area but not know in advance which one. The condition may be that the device may only be installed if the officer reasonably believes the person is likely to be in the place. 86 What surveillance warrant must state The surveillance warrant must state the following— (a) that a QCC officer or any QCC officer may exercise surveillance powers under the warrant; (b) the name of the relevant person, if known; (c) the place where the surveillance device authorised under the warrant may be used; (d) the type of surveillance device that may be used under the warrant; (e) for a visual surveillance device that is to be installed in a dwelling, the parts of the dwelling in which the device may be installed; (f) any conditions the judge imposes under section 85(3); (g) the day and time the warrant starts and when the warrant ends. 87 Report on use of surveillance devices (1) This section applies if, because of a condition of a surveillance warrant, a QCC officer gives to a judge a report on activities under the warrant. (2) The judge may, after considering the report, require the destruction of any recording made that is not related to the relevant criminal activity or the major crime mentioned in the warrant, unless the recording relates to the investigation by QCC of another relevant criminal activity or another major crime. 88 Duration and extension of surveillance warrants (1) A surveillance warrant is in force until the earlier of the following—

s 89 54 s 89 Crime Commission Act 1997 (a) the day stated in the warrant; (b) the day the investigation under the warrant ends. (2) However, despite the investigation ending, the warrant continues in force until the day stated in the warrant if, as a result of using the surveillance device, evidence is gained of other relevant criminal activity or other major crime. (3) The warrant may be extended from time to time on application and the provisions of this division for an application for a warrant apply to an application for an extension, with necessary changes. (4) Despite the ending of the warrant under subsection (1) or (2), the QCC officer may continue to exercise powers under the warrant, but only to the extent necessary to remove the surveillance device to which the warrant relates. 89 Power under surveillance warrants A QCC officer to whom a surveillance warrant is directed may lawfully exercise the following powers under the warrant ( “surveillance powers” )— (a) for a class A surveillance device—power to enter a stated place or class of place, covertly or through subterfuge, to install, maintain, replace or remove a surveillance device; or (b) for a class B surveillance device—power to enter a vehicle or another moveable object, or open a thing, to install, maintain, replace or remove a tracking device; (c) for a listening device— (i) power to install and use the device to intercept and record private conversations; and (ii) power to use an assistant to translate or interpret conversations intercepted under the warrant; (d) for a visual surveillance device— (i) power to install and use the device to monitor and record visual images; and (ii) power to use an assistant to interpret visual images intercepted under the warrant;

s 90 55 s 91 Crime Commission Act 1997 (e) for another surveillance device—power to install and use the device for the purpose for which it is designed, including, for example, tracking the location of a person or moveable object; (f) power to take electricity for using a surveillance device; (g) power to use reasonable force— (i) to enter a place to install, maintain, replace or remove a surveillance device; or (ii) to install, maintain, replace or remove a surveillance device; (h) power to use 1 or more surveillance devices, whether of the same or a different kind, in the same place; (i) power to pass through, over, under or along a place to get to the place where the surveillance device is to be used. Division 3B—Emergency use of surveillance devices 90 Emergency use of surveillance devices (1) This section applies if the crime commissioner reasonably believes— (a) there is a risk of serious injury to a person from relevant criminal activity or a major crime being investigated by QCC; and (b) using a surveillance device may help reduce the risk. (2) With the approval of the crime commissioner, an authorised QCC officer may authorise the use of a surveillance device. (3) For subsection (2), an authorised QCC officer who is a police officer must be of at least the rank of inspector. (4) A QCC officer acting under an authority under subsection (2) may exercise any of the powers a QCC officer may exercise under a surveillance warrant. 91 Application for approval of emergency use of surveillance device (1) Within 2 business days after authorising the use of a surveillance device, the authorised QCC officer who authorised its use must apply to a Supreme Court judge for approval of the exercise of the powers.

s 91A 56 Crime Commission Act 1997 s 91B (2) The application must be sworn and state the grounds on which the approval is sought. (3) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (4) The judge may refuse to consider the application until the QCC officer gives the judge all the information the judge requires about the application in the way the judge requires. Example — The judge may require additional information supporting the application to be given by statutory declaration. 91A Who may be present at consideration of application (1) The judge must hear an application under section 91 in the absence of anyone other than the following— (a) the applicant; (b) a monitor; (c) someone the judge permits to be present; (d) a lawyer representing anyone mentioned in paragraphs (a) to (c). (2) Also, the judge must hear the application— (a) in the absence of the person who is alleged to have caused or be causing the risk or anyone likely to inform the person of the application; and (b) without that person having been informed of the application. 91B Consideration of application Before deciding an application for an approval, the judge must, in particular, and being mindful of the highly intrusive nature of using a surveillance device, consider the following— (a) the nature of the risk of serious injury to a person; (b) the extent to which issuing a surveillance warrant would have helped reduce or avoid the risk;

s 91C 57 Crime Commission Act 1997 s 91E (c) the extent to which QCC officers or police officers could have used conventional ways of investigation to help reduce or avoid the risk; (d) how much the use of conventional ways of investigation could have helped reduce or avoid the risk; (e) how much the use of conventional ways of investigation would have prejudiced the safety of the person because of delay or for another reason; (f) any submissions made by a monitor. 91C Judge may approve emergency use of powers (1) After considering the application, the judge may approve the application if satisfied there were reasonable grounds to believe— (a) there was a risk of serious injury to a person; and (b) using a surveillance device may have helped reduce the risk. (2) Also, the judge may require the destruction of any recordings made that were not related to the purpose for which the surveillance device was used. 91D Use of evidence and information (1) Evidence obtained because of the exercise of powers approved under section 91C is admissible in a proceeding for an offence. (2) Also, information obtained under this division may be given to any person or organisation involved in helping prevent or reduce the risk of serious injury to a person. (3) Subsection (2) does not apply to information from recordings ordered to be destroyed by a judge. Division 3C—Use of surveillance devices under magistrates warrant 91E Surveillance warrant applications (1) This section applies if the crime commissioner reasonably believes a person has been, is, or is likely to be involved in relevant criminal activity or a major crime.

s 91F 58 Crime Commission Act 1997 s 91F (2) With the approval of the crime commissioner, an authorised QCC officer may apply to a magistrate for a warrant ( “surveillance warrant” ) authorising the use of a class B surveillance device. (3) For subsection (2), an authorised QCC officer who is a police officer must be of at least the rank of inspector. (4) The application must— (a) be sworn and state the grounds on which the warrant is sought; and (b) include information required under a regulation about any warrants issued within the previous year in relation to the person or the place specified in the application. (5) Subsection (4)(b) only applies to— (a) information kept in a register that the QCC officer may inspect; and (b) information the QCC officer otherwise actually knows. (6) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (7) The magistrate may refuse to consider the application until the applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. 91F Who may be present at consideration of application (1) The magistrate must hear an application for a surveillance warrant in the absence of anyone other than the following— (a) the applicant; (b) a monitor; (c) someone the magistrate permits to be present; (d) a lawyer representing anyone mentioned in paragraphs (a) to (c). (2) Also, the magistrate must hear the application—

s 91G 59 Crime Commission Act 1997 s 91H (a) in the absence of the person proposed to be placed under surveillance (the “relevant person” ) or anyone likely to inform the relevant person of the application; and (b) without the relevant person having been informed of the application. 91G Consideration of application Before deciding an application for a surveillance warrant, the magistrate must, in particular, and being mindful of the highly intrusive nature of a surveillance warrant, consider the following— (a) the nature and seriousness of the relevant criminal activity or the major crime; (b) the extent to which issuing the warrant would help prevent, detect or provide evidence of the relevant criminal activity or the major crime; (c) the benefits derived from the issue of any previous surveillance warrants in relation to the relevant person; (d) the extent to which QCC officers investigating the relevant criminal activity or the major crime have used or can use conventional ways of investigation; (e) how much the use of conventional ways of investigation would be likely to help in the investigation of the relevant criminal activity or the major crime; (f) how much the use of conventional ways of investigation would prejudice the investigation of the relevant criminal activity or the major crime because of delay or for another reason; (g) any submissions made by a monitor. 91H Issue of surveillance warrant (1) After considering the application, the magistrate may issue the warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing the relevant person— (a) has been, is, or is likely to be, involved in the commission of the relevant criminal activity or the major crime; and (b) is likely to be—

s 91I 60 Crime Commission Act 1997 s 91J (i) at a place, including a public place, mentioned in the application; or (ii) at a class of place mentioned in the application. (2) The magistrate may impose any conditions on the warrant that the magistrate considers are necessary in the public interest. 91I What warrant must state The warrant must state the following— (a) that a stated QCC officer or any QCC officer may exercise surveillance powers under the warrant using a class B surveillance device; (b) the name of the relevant person, if known; (c) the place where the surveillance device authorised under the warrant may be used; (d) any conditions imposed under section 91H(2); (e) the day and time the warrant starts and when the warrant ends. 91J Duration and extension of surveillance warrants (1) A surveillance warrant is in force until the earlier of the following— (a) the day stated in the warrant; (b) the day the investigation under the warrant ends. (2) However, despite the investigation ending, the warrant continues in force until the day stated in the warrant if, as a result of using the surveillance device, evidence is gained of another relevant criminal activity or another major crime. (3) The warrant may be extended from time to time on application and the provisions of this division for an application for a warrant apply to an application for an extension, with necessary changes. (4) Despite the ending of the warrant under subsection (1) or (2), the QCC officer may continue to exercise powers under the warrant, but only to the extent necessary to remove the surveillance device to which the warrant relates.

s 91K 61 Crime Commission Act 1997 s 91L 91K Powers under surveillance warrants A QCC officer to whom a surveillance warrant is directed may lawfully exercise the following powers under the warrant— (a) power to enter a place to install a tracking device without covert entry to a building; (b) power to pass through, over, under or along a place to get to the place where the tracking device is to be used; (c) power to enter a vehicle or another moveable object, or open a thing, to install, maintain, replace or remove a tracking device; (d) power to use reasonable force to install, maintain, replace or remove a tracking device; (e) power to use 1 or more tracking devices, whether of the same or a different kind, in the same place; (f) power to take electricity for using a tracking device. Examples for paragraph (a) — 1. Installing a tracking device on a vehicle located in public undercover car park where entry is gained by any member of the public by paying a fee, or on a vehicle on a street. 2. Installing a tracking device on a parcel inside a shipping container located in a storage yard, if the parcel is reasonably believed to contain unlawful drugs. Division 3D—Other provisions about surveillance devices 91L Restriction about records and access to surveillance warrant applications etc. (1) This section applies to the following ( “relevant proceeding” )— (a) an application to a Supreme Court judge or a magistrate for— (i) a surveillance warrant; or (ii) the extension of a surveillance warrant; (b) an application to a Supreme Court judge for approval of the emergency use of a surveillance device; (c) an order made or approval given under an application mentioned in paragraph (a) or (b).

s 91M 62 Crime Commission Act 1997 s 91M (2) Despite the Recording of Evidence Act 1962 , a transcript of a relevant proceeding must not be made. (3) A person must not publish a report of a relevant proceeding. Maximum penalty—85 penalty units or 1 year’s imprisonment. (4) A person is not entitled to search information in the custody of a court in relation to a relevant proceeding, unless a Supreme Court judge otherwise orders. 91M Disclosure of information obtained using surveillance warrant (1) This section applies to information that has not been disclosed in a proceeding in open court and was obtained by using a surveillance warrant (the “relevant information” ). (2) A QCC officer or police officer who obtained relevant information must not disclose the information to someone other than— (a) the judge or magistrate who issued the warrant; or (b) a judge hearing an application for— (i) an extension of the warrant; or (ii) approval of the emergency use of a surveillance device; or (iii) a warrant in relation to the same or a different person; or (c) a magistrate hearing an application for an extension of the warrant or a warrant in relation to the same or a different person; or (d) a court taking evidence about a charge of an offence in which the information is evidence; or (e) the crime commissioner or a person authorised by the crime commissioner; or (f) a QCC officer, police officer or other law enforcement officer involved in— (i) the investigation into the relevant criminal activity or the major crime for which the powers were exercised; or (ii) an investigation of any indictable offence started because of information obtained under the warrant or linked to the offence under investigation; or

s 91N 63 Crime Commission Act 1997 s 91O (iii) a proceeding in which the information is evidence; or (g) a declared law enforcement agency; or (h) a public prosecutor, but only for— (i) use in a proceeding in which the information is evidence; or (ii) an application for an extension of the warrant; or (iii) an application under section 91; or (iv) the issue of another surveillance warrant; or (i) a lawyer representing a person in a proceeding in which the information is evidence; or (j) a monitor; or (k) a person transcribing or making copies of recordings. 91N Destruction of records (1) QCC must keep all information obtained under a surveillance warrant and transcripts of recordings or photographs made or taken under the warrant in a secure place. (2) QCC must ensure any recording made or photograph taken under the surveillance warrant or a transcript or copy made from information obtained under the warrant is destroyed as soon as practicable after it is no longer required. (3) Subsection (2) does not prevent information or other matter relevant to any offence of which someone has been convicted being preserved for any period or indefinitely if there is any possibility that an issue about the conviction may arise. Division 3E—Covert searches 91O Covert search warrant applications (1) An authorised QCC officer, with the approval of the crime commissioner, may apply to a Supreme Court judge for a warrant ( “covert search warrant” ) to enter and search a place for evidence of relevant criminal activity or a major crime being investigated by QCC.

s 91P 64 Crime Commission Act 1997 s 91P (2) For subsection (1), an authorised QCC officer who is a police officer must be of at least the rank of inspector. (3) The application must— (a) be sworn and state the grounds on which the warrant is sought; and (b) include information about any warrants issued within the previous year in relation to the place or person suspected of being involved in the relevant criminal activity or major crime to which the application relates. (4) Subsection (3)(b) applies only to— (a) information kept in a register that the officer may inspect; and (b) information the officer otherwise actually knows. (5) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (6) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires. Example — The judge may require additional information supporting the application to be given by statutory declaration. 91P Who may be present at consideration of application (1) The judge must hear an application for a covert search warrant in the absence of anyone other than the following— (a) the applicant; (b) a monitor; (c) someone the judge permits to be present; (d) a lawyer representing anyone mentioned in paragraphs (a) to (c). (2) Also, the judge must hear the application— (a) in the absence of the person the subject of the application (the “relevant person” ) or anyone likely to inform the relevant person of the application; and

s 91Q 65 Crime Commission Act 1997 s 91S (b) without the relevant person having been informed of the application. 91Q Consideration of application Before deciding the application, and being mindful of the highly intrusive nature of a covert search warrant, the judge must consider the following— (a) the nature and seriousness of the relevant criminal activity or the major crime being investigated; (b) the extent to which issuing the warrant would help prevent, detect or provide evidence of, the relevant criminal activity or the major crime; (c) the benefits derived from any previous covert search warrants, search warrants or surveillance warrants in relation to the relevant person or place; (d) the extent to which QCC officers investigating the matter have used or can use conventional ways of investigation; (e) how much the use of conventional ways of investigation would be likely to help in the investigation of the matter; (f) how much the use of conventional ways of investigation would prejudice the investigation of the matter; (g) any submissions made by a monitor. 91R Issue of covert search warrant (1) After considering the application, the judge may issue the warrant for a period of not more than 30 days if satisfied there are reasonable grounds for believing there is, in or on a place, evidence of the relevant criminal activity or the major crime. (2) The judge may impose any conditions on the warrant that the judge considers are necessary in the public interest. 91S What covert search warrant must state A covert search warrant must state the following—

s 91T 66 Crime Commission Act 1997 s 91U (a) that a stated QCC officer, or any QCC officer, may, with reasonable help and force, enter the place, covertly or by subterfuge and exercise covert search powers under the warrant; (b) the relevant criminal activity or the major crime for which the warrant was issued; (c) any evidence or samples of evidence that may be seized under the warrant; (d) that the warrant may be executed at any time of the day or night; (e) that, if practicable, the search must be videotaped; (f) the day and time the warrant starts and when the warrant ends. 91T Duration and extension of covert search warrant (1) A covert search warrant is in force until the earlier of the following— (a) the day stated in the warrant; (b) when the initial search is complete. (2) However, the warrant may be extended from time to time on application. (3) The provisions of this division for an application for a warrant apply to an application for an extension, with all necessary changes. 91U Restriction about records and access to covert search warrant applications (1) Despite the Recording of Evidence Act 1962 , a transcript of an application for a covert search warrant and any order made on it must not be made. (2) A person must not publish a report of a proceeding on an application for a covert search warrant or an extension of a covert search warrant. Maximum penalty—85 penalty units or 1 year’s imprisonment. (3) A person is not entitled to search information in the custody of the Supreme Court in relation to an application for a covert search warrant, unless a judge otherwise orders in the interests of justice.

s 91V 67 Crime Commission Act 1997 s 91W 91V Powers under covert search warrant A QCC officer to whom a covert search warrant is directed may lawfully exercise the following powers under the warrant ( “covert search powers” )— (a) power to enter the place stated in the warrant (the “relevant place” ), covertly or through subterfuge, as often as is reasonably necessary for the purposes of the warrant and stay on it for the time reasonably necessary; (b) power to pass over, through, along or under another place to enter the relevant place; (c) power to search the relevant place for anything sought under the warrant; (d) power to open anything in the relevant place that is locked; (e) power to seize a thing or part of a thing found on the relevant place that the QCC officer reasonably believes is evidence of the commission of relevant criminal activity or the major crime stated in the warrant; (f) power to photograph anything the QCC officer reasonably believes may provide evidence of the commission of relevant criminal activity or the major crime stated in the warrant; (g) power to inspect or test anything found on the place. 91W Report on covert search (1) Within 7 days after executing a covert search warrant, the applicant must give to the Supreme Court judge who issued the warrant and a monitor a report containing information required under a regulation on the exercise of the powers under the warrant. (2) The applicant must, if practicable, also take before the judge anything seized under the warrant and any photograph taken during the search. (3) The judge may, in relation to a thing mentioned in subsection (2), order that it— (a) be held by QCC until any proceeding in which the thing may be evidence ends; or (b) be dealt with in the way the judge orders.

s 92 68 s 92 Crime Commission Act 1997 Division 4—Warrants register 92 Register of warrants, warrant applications etc. (1) QCC must keep a register of prescribed information in the way QCC considers appropriate. (2) The register is not open to inspection by anyone other than the following— (a) QCC; (b) a QCC officer making an application for a warrant under division 2, 3A, 3C or 3E; (c) a monitor; (d) the parliamentary commissioner. (3) However, if QCC considers it appropriate, QCC may, in writing, authorise a person who may not otherwise inspect the register to inspect the register on conditions QCC considers appropriate. (4) QCC may authorise a person to inspect the register under subsection (3) only if it is satisfied the inspection is necessary— (a) for an investigation into relevant criminal activity, a major crime, official misconduct or misconduct for which information in the register may be relevant; or (b) for maintaining the register; or (c) for preparing an application under division 2, 3A, 3C or 3E for a warrant or for an extension of a warrant; or (d) to monitor compliance with this Act. (5) A QCC officer may inspect the register under subsection (2) only to the extent necessary for making an application under division 2, 3A, 3C or 3E. (6) A person authorised under subsection (3) to inspect the register may only inspect it to the extent necessary for the purpose for which the authority is given. (7) In this section— “prescribed information” means information prescribed under a regulation about—

s 93 69 s 93 Crime Commission Act 1997 (a) applications for— (i) search warrants; or (ii) surveillance warrants; or (iii) extensions of surveillance warrants; or (iv) covert search warrants; or (v) extensions of covert search warrants; or (b) a disclosure of information under section 91M(2)(f)(ii) or (g). Division 5—Notice to produce 93 Notice to produce (1) The crime commissioner may, by notice ( “notice to produce” ) given to a person, require the person to produce, within a stated time, to a stated QCC officer a specified document or thing that the crime commissioner believes, on reasonable grounds, is relevant to an investigation being conducted by QCC. (2) A notice to produce may be given whether or not QCC is conducting a hearing for the investigation. (3) The notice to produce may require the immediate production of a document or thing to a stated QCC officer if the crime commissioner believes, on reasonable grounds, that delay in the production of the document may result in— (a) its destruction, removal or concealment; or (b) serious prejudice to the conduct of the investigation. (4) The notice to produce may also provide that the person must not disclose information contained in the notice, as defined under section 119(5), 10 to anyone. (5) The person must comply with the notice to produce, unless the person has a reasonable excuse. Maximum penalty for subsection (5)—85 penalty units or 1 year’s imprisonment. 10 Section 119 (Disclosures about QCC notices)

s 94 70 s 94 Crime Commission Act 1997 (6) For subsection (5), a claim of reasonable excuse includes a claim on the grounds of privilege. (7) A document produced under this section is taken to have been seized under a warrant under division 2. 94 Notice to produce—claim of privilege (1) This section applies if— (a) a person is given a notice to produce that requires the person to produce a stated document or thing to a stated QCC officer; and (b) the person acknowledges that the document or thing is in the person’s possession; and (c) the person claims to have reasonable excuse for not complying with the notice. (2) QCC’s representative must— (a) advise the person that the person may be required to attend before a QCC hearing to establish the reasonable excuse; and (b) require the person to immediately seal the document or thing and give it to QCC’s representative for safe keeping. (3) The person must immediately seal the document or thing and give it to QCC’s representative for safe keeping. Maximum penalty for subsection (3)—85 penalty units or 1 year’s imprisonment. (4) QCC’s representative must— (a) give the person a receipt for the sealed document or thing; and (b) place it in safe custody at QCC’s place of business at the earliest reasonable opportunity. (5) A person must not open the sealed document or thing unless authorised to open it under this Act or a court order. Maximum penalty for subsection (5)—85 penalty units or 1 year’s imprisonment. (6) QCC must return any sealed document or thing given to QCC’s representative by a person under subsection (3) within 7 days if QCC has not by the end of that period given the person an attendance notice under section 95(1)(d).

s 95 71 s 95 Crime Commission Act 1997 (7) In this section— “QCC’s representative” means the QCC officer or other person who gives the notice to produce. Division 6—Attendance notice 95 Attendance notice (1) The crime commissioner may, by written notice ( “attendance notice” ), require a person to attend at a QCC hearing at a stated time and place until excused, for 1 or more of the following— (a) to give evidence; (b) to produce a stated document or thing; (c) to establish a reasonable excuse claimed in relation to stated information or document or thing the person is required to give or produce under a written notice under section 73; 11 (d) to establish a reasonable excuse claimed in relation to a stated document or thing the person is required to produce under a notice to produce. (2) On application by an authorised QCC officer, made with the approval of the crime commissioner, a Supreme Court judge may by written notice (also an “attendance notice” ) require a person to attend immediately at a QCC hearing at a stated place if the judge is satisfied, on reasonable grounds, that delay in attendance might result in— (a) the commission of an offence; or (b) an offender or suspected offender absconding; or (c) the loss or destruction of evidence; or (d) serious prejudice to the conduct of an investigation being conducted by QCC. (3) An attendance notice must state, so far as reasonably practicable, the general nature of the matters about which the person may be questioned at the QCC hearing. 11 Section 73 (Commission member may require information etc. from units of public administration)

s 96 72 s 97 Crime Commission Act 1997 (4) An attendance notice need not comply with subsection (3) if the issuer is satisfied that, in the particular circumstances of an investigation to which the hearing relates, stating the matters would prejudice the effectiveness of the investigation. (5) A failure to comply with subsection (3) does not prevent QCC from questioning the person about any matter that relates to an investigation. 96 Offence not to attend hearing A person served with an attendance notice to attend at a QCC hearing must not— (a) fail, without reasonable excuse, to attend as required by the notice; or (b) fail, without reasonable excuse, to continue to attend as required by the presiding member until excused from further attendance. Maximum penalty—85 penalty units or 1 year’s imprisonment. Division 7—Arrest 97 Arrest warrant (1) An authorised QCC officer, with the crime commissioner’s approval, may apply to a Supreme Court judge for a warrant for the arrest of a person ( “arrest warrant” ) who has been given an attendance notice. (2) The judge may issue a warrant for the arrest of the person if the judge is satisfied— (a) on sworn evidence before the judge— (i) the person— (A) has been given the attendance notice; and (B) has, without reasonable excuse, failed to attend at the QCC hearing as required by the notice; or (ii) the person has made a representation that the person intends not to attend at a QCC hearing as required by the attendance notice; and

s 97 73 s 97 Crime Commission Act 1997 (b) it is in the public interest that the person be compelled to attend at the hearing to avoid prejudice to the conduct of an investigation. (3) For subsection (2)(a)(ii), an arrest warrant may be issued even though the time stated in the attendance notice for the person to attend has not yet passed. (4) The arrest warrant authorises— (a) the arrest of the person; and (b) the person being brought immediately before a QCC hearing; and (c) the person being detained for that purpose until excused from attendance at the hearing by the presiding member at the hearing. (5) Unless the arrest warrant otherwise provides, if the person is required to be detained overnight, QCC must arrange for the person is to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight. (6) The arrest warrant may be executed by any police officer or by any person to whom it is addressed. (7) A person executing the arrest warrant may use the force that is reasonably necessary, including force to enter premises, to execute the warrant. (8) The issue of an arrest warrant for the arrest of the person, or the arrest of the person under the arrest warrant, does not relieve the person from any liability incurred by the person for noncompliance with the attendance notice. (9) In this section— “representation” includes— (a) an express or implied representation, whether oral or in writing; and (b) a representation inferred from conduct; and (c) a representation not intended by its maker to be communicated to or seen by another person.

s 98 74 s 99 Crime Commission Act 1997 Division 8—General 98 QCC’s powers generally (1) Without limiting QCC’s specific powers under this or another Act, QCC has power to do all things necessary or convenient to be done for or in connection with, or reasonably incidental to, the performance of its functions. (2) Without limiting section 35, 12 the crime commissioner may exercise any power that may be exercised by QCC. (3) Also, this Act does not prevent a QCC officer who is a police officer from exercising powers a police officer may exercise under another Act when exercising powers under this Act. 99 General power to seize evidence (1) This section applies if a QCC officer or police officer lawfully enters a place, or is at a public place, and finds at the place a thing the officer reasonably suspects is evidence of the commission of relevant criminal activity or a major crime that QCC is investigating. (2) The officer may seize the thing, whether or not as evidence under a warrant and, if the place is entered under a warrant, whether or not the warrant was issued for the relevant criminal activity or major crime. (3) Also, the officer may— (a) photograph the thing seized or the place from which the thing was seized; and (b) stay on the place and re-enter it for the time reasonably necessary to remove the thing from the place. (4) If the thing is seized at a place entered under a covert warrant, section 90 applies as if the thing had been seized under the warrant. (5) Otherwise, section 78 13 applies as if the thing had been seized under a warrant under part 6, division 2. 14 12 Section 35 (Delegation) 13 Section 78 (Requirements after property is seized) 14 Part 6 (Powers), division 2 (Search warrants generally)