G20 (Safety and Security) Act 2013


Queensland Crest
G20 (Safety and Security) Act 2013
Queensland G20 (Safety and Security) Act 2013 Current as at 18 November 2014 Reprint note This is the last reprint before expiry. Expired on 17 November 2015 (see s 101).
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland G20 (Safety and Security) Act 2013 Contents Part 1 1 2 3 4 5 6 Part 7 63 64 65 66 67 68 69 70 71 72 73 74 75 Part 8 76 77 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Application of Police Powers and Responsibilities Act 2000 and related matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 General criterion for performance of functions etc. . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Offences Prohibited item offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Climbing onto, under, over or around barrier, etc. . . . . . . . . . . . . 7 Application of s 64 limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Entering or climbing building or structure in view of security area with intent to cause injury, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Lighting a fire in a security area . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Failing to comply with requirement to disclose personal details. . 9 Failing to comply with direction. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Unauthorised entry to restricted area. . . . . . . . . . . . . . . . . . . . . . 9 Unauthorised entry to motorcade area. . . . . . . . . . . . . . . . . . . . . 10 Prohibited person not to enter security area . . . . . . . . . . . . . . . . 10 Unauthorised entry to security area by excluded person . . . . . . . 10 Interfering with any part of the G20 meeting . . . . . . . . . . . . . . . . 10 Assaulting or obstructing appointed person . . . . . . . . . . . . . . . . . 10 Exemptions from particular offence provisions Application of Transport Operations (Road Use Management) Act 1995 11 Power to give emergency direction to disobey traffic provision . . 11
G20 (Safety and Security) Act 2013 Contents Part 10 83 84 Part 11 85 86 92 93 94 95 98 100 Part 14 101 102 Schedule 7 Compensation Compensation for person normally residing in restricted area . . . 12 Compensation for prohibited person normally residing in security area 13 Disclosure of information Prohibition on unauthorised disclosure of restricted information . 13 Disclosure of information in possession of police service . . . . . . 14 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Misuse of position as appointed person or of identity card . . . . . 15 Special justification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Expiry and provision if G20 meeting cancelled Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Regulation may provide that provisions do not operate if G20 meeting is cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 26 26 27 27 Page 2
G20 (Safety and Security) Act 2013 Part 1 Preliminary [s 1] G20 (Safety and Security) Act 2013 [as amended by all amendments that commenced on or before 18 November 2014] An Act to provide for the safety and security of persons attending the Group of Twenty leaders’ summit in Brisbane in 2014 and other related meetings and events in Queensland in 2014, to ensure the safety of members of the community and to protect property during the hosting of the summit and other related meetings Part 1 Preliminary 1 Short title This Act may be cited as the G20 (Safety and Security) Act 2013 . 2 Objectives (1) The objectives of this Act are to provide police officers, non-State police officers and appointed persons with special powers— (a) to promote the safety and security of persons attending any part of the G20 meeting, which is comprised of the following— (i) the Group of Twenty leaders’ summit in Brisbane in 2014 (the leaders summit ); (ii) the Group of Twenty Finance Ministers’ and Central Bank Governors’ meeting in Cairns in 2014 (the Cairns finance meeting ); Current as at 18 November 2014 Page 3
G20 (Safety and Security) Act 2013 Part 1 Preliminary [s 3] (iii) any official meeting of sherpas in Queensland in 2014 for preparation or otherwise in relation to the leaders summit, the Cairns finance meeting or any event or meeting related to the summit or finance meeting (a sherpa meeting ); (iv) any other G20 event; and (b) to ensure the safety of members of the public from acts of civil disobedience in relation to any part of the G20 meeting; and (c) to protect property from damage from civil disobedience in relation to any part of the G20 meeting; and (d) to prevent acts of terrorism directly or indirectly related to any part of the G20 meeting; and (e) to regulate traffic and pedestrian movement to ensure the passage of motorcades related to any part of the G20 meeting is not impeded. (2) Without limiting subsection (1), the objectives include— (a) promoting the safety and security of the venues and facilities used or to be used for any part of the G20 meeting; and (b) promoting the safety and security of accommodation for persons attending any part of the G20 meeting; and (c) promoting the safety and security of motorcade routes used or to be used for transporting persons attending any part of the G20 meeting. 3 Act binds all persons (1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. Page 4 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Part 1 Preliminary [s 4] 4 Application of Police Powers and Responsibilities Act 2000 and related matter (1) This Act prevails, to the extent of any inconsistency, over the Police Powers and Responsibilities Act 2000 (the Police Act ) in relation to a power conferred, or responsibility imposed, under the Police Act on a police officer. (2) To remove any doubt, it is declared that the Police Act, section 11(3) does not apply to a provision of this Act that confers a power or imposes a responsibility on a police officer. (3) The Police Act, section 624(2) does not apply to a basic search. (4) The Police Act, chapter 17, part 4 applies to an offence against this Act as if the offence were an identifying particulars offence within the meaning of the Police Act. (5) The Police Act, chapter 21, part 2, division 3 does not apply in relation to a police officer who is exercising a power under this Act. (6) Unless this Act provides otherwise, this Act does not prevent the exercise of a power conferred on a police officer by another Act. 5 General criterion for performance of functions etc. (1) This section applies to the performance of a function by any of the following under a provision of this Act— (a) the commissioner; (b) an assistant commissioner or deputy commissioner (including when performing a function under a delegation from the commissioner); (c) a police officer (including a non-State police officer when performing a function under an authorisation as mentioned in section 87); (d) an appointed person. Current as at 18 November 2014 Page 5
G20 (Safety and Security) Act 2013 Part 7 Offences [s 6] (2) A person to whom this section applies must perform a function conferred by this Act having regard to the objectives of this Act. (3) In this section— function includes a power. performing a function includes exercising a power. 6 Definitions The dictionary in schedule 7 defines particular words used in this Act. Part 7 Offences 63 Prohibited item offences (1) A person must not, without lawful excuse, possess a prohibited item in a security area. Maximum penalty—50 penalty units. (2) A person must not, without lawful excuse, attempt to take a prohibited item into a security area. Maximum penalty—50 penalty units. (3) A person must not, without lawful excuse, use a prohibited item in a way that it, something contained in it or on it or something produced by it, may enter a security area. Maximum penalty—100 penalty units. Examples of a lawful excuse for subsections (1) to (3) a construction worker using an explosive tool in the course of carrying out the worker’s work while working at a construction site in a security area a resident in a security area lawfully storing a firearm in the resident’s residence Page 6 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Part 7 Offences [s 64] a family using knives to consume food at a barbecue at South Bank Parkland a child playing with a radio controlled toy car in the yard of the place where the child lives in a security area a person who purchases a longbow from a sports store in a security area and then carries the longbow in a case to the person’s vehicle to take it home Examples of absence of a lawful excuse for subsections (1) to (3)— a person operating an electronically controlled model plane in a way that it may enter a restricted area a person discharging a blood coloured liquid from a pressurised water pistol into a restricted area a person who walks through the Queen Street Mall with an exposed longbow with the intention of firing arrows into the Brisbane River (4) The onus of proving lawful excuse under subsection (1), (2) or (3) is on the person claiming the lawful excuse. 64 Climbing onto, under, over or around barrier, etc. (1) This section applies to any of the following things placed for a G20 purpose (a placed thing )— (a) a barrier; (b) a cordon; (c) a road impeder; (d) a waterway restrictor. (2) A person must not do any of the following in relation to a placed thing— (a) climb onto, under, over or around the placed thing; (b) move or remove the placed thing; (c) attempt to do an act mentioned in paragraph (a) or (b). Maximum penalty—50 penalty units. Current as at 18 November 2014 Page 7
G20 (Safety and Security) Act 2013 Part 7 Offences [s 65] 65 Application of s 64 limited Section 64 does not apply to— (a) a police officer acting in the course of the officer’s duties as a police officer; or (b) an appointed person acting in the course of the person’s appointment as an appointed person; or (c) a person acting under the direction of a police officer as mentioned in paragraph (a) or an appointed person as mentioned in paragraph (b). 66 Entering or climbing building or structure in view of security area with intent to cause injury, etc. A person must not enter or climb a building or structure in view of a security area with intent to do any or all of the following— (a) cause injury to a person associated with any part of the G20 meeting; (b) cause alarm to a person associated with any part of the G20 meeting; (c) damage property associated with any part of the G20 meeting; (d) impede or obstruct any part of the G20 meeting. Maximum penalty—100 penalty units. 67 Lighting a fire in a security area A person must not light a fire in a security area without lawful excuse, the onus of proving which is on the person. Maximum penalty—100 penalty units. Example A chef at a restaurant in a declared area who lights a gas barbecue has a lawful excuse. Page 8 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Part 7 Offences [s 68] 68 Failing to comply with requirement to disclose personal details (1) A person who is required to disclose the person’s personal details under section 37(1)(b) or (2)(b) or 38(1) must comply with the requirement. Maximum penalty—10 penalty units. (2) However, a person does not commit an offence under subsection (1) merely because the person fails to produce identification if the person has a lawful excuse for the failure. (3) In this section— identification means— (a) an official document identifying the person issued by a government agency; or (b) another reliable form of identification. 69 Failing to comply with direction (1) A person must not, without lawful excuse, fail to comply with a direction given by a police officer under this Act. Maximum penalty—50 penalty units. (2) In a proceeding for an offence against this section, a direction given to a person or a group of persons is taken to have been heard and understood by the person or group, unless the contrary is proved. 70 Unauthorised entry to restricted area A person must not enter or attempt to enter or remain in a restricted area unless the person has special justification to do so. Maximum penalty—50 penalty units. Current as at 18 November 2014 Page 9
G20 (Safety and Security) Act 2013 Part 7 Offences [s 71] 71 Unauthorised entry to motorcade area A person must not enter or attempt to enter or remain in a motorcade area unless the person has special justification to do so. Maximum penalty—50 penalty units. 72 Prohibited person not to enter security area A prohibited person must not enter, or attempt to enter, a security area. Maximum penalty—100 penalty units. 73 Unauthorised entry to security area by excluded person An excluded person must not enter, or attempt to enter, a security area or part of a security area from which the person is excluded under the exclusion notice given to the person. Maximum penalty—100 penalty units 74 Interfering with any part of the G20 meeting At any site where any part of the G20 meeting is held or takes place, a person must not— (a) disrupt, interfere with, delay or obstruct the conduct of any part of the G20 meeting or an activity associated with any part of the G20 meeting; or (b) interfere with the reasonable enjoyment of any part of the G20 meeting. Maximum penalty—50 penalty units. 75 Assaulting or obstructing appointed person (1) A person must not assault or obstruct an appointed person exercising a power or performing a function under this Act. Maximum penalty—40 penalty units. Page 10 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Part 8 Exemptions from particular offence provisions [s 76] (2) In this section— obstruct includes hinder, resist and attempt to obstruct. Part 8 Exemptions from particular offence provisions 76 Application of Transport Operations (Road Use Management) Act 1995 (1) Provisions of the Transport Operations (Road Use Management) Act 1995 about offences, other than sections 79 and 80, do not apply to the driver of a vehicle that is part of a motorcade under escort by a police officer. (2) In this section— motorcade includes a vehicle being driven by a police officer escorting the motorcade. 77 Power to give emergency direction to disobey traffic provision (1) For a G20 purpose, a police officer may give a direction in an emergency to a relevant person to disobey a traffic provision. Examples 1 A police officer may direct a relevant person who is the driver of a police bus containing members of the Queensland Police Public Safety Response Team being transported to the location of a riot to disobey a red traffic light. 2 A police officer may direct a relevant person who is the driver of a truck to exceed the speed limit in order to deliver barricade equipment to a site where a potentially violent demonstration is being conducted. 3 An assistant commissioner may direct a relevant person who is the driver of a boat to exceed marine speed limits in order to transport the assistant commissioner along the Brisbane River to where the Current as at 18 November 2014 Page 11
G20 (Safety and Security) Act 2013 Part 10 Compensation [s 83] assistant commissioner can assume field command of police officers at a violent or potentially violent demonstration. (2) A relevant person to whom a direction is given under subsection (1) may disobey the traffic provision in the way stated in the direction. (3) In this section— relevant person means an individual employed by, hired by or otherwise engaged by the State. traffic provision means a provision of the Transport Operations (Road Use Management) Act 1995 , other than section 79 or 80. Part 10 Compensation 83 Compensation for person normally residing in restricted area (1) This section applies if— (a) a person (other than an excluded person) normally resides in premises that are within a restricted area; and (b) the person does not hold a Commonwealth accreditation or access approval authorising access to the restricted area. (2) The State must pay to the person the cost of reasonable accommodation outside the restricted area for the person for the period the person may not enter the restricted area. (3) If the person normally resides in a restricted area with other persons (including, for example, as a family or in a share house), the cost of reasonable accommodation is for accommodation for all the persons. Page 12 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Part 11 Disclosure of information [s 84] 84 Compensation for prohibited person normally residing in security area (1) This section applies if a prohibited person normally resides in a security area. (2) The State must pay to the prohibited person the cost of reasonable accommodation outside the security area for the prohibited person for the period the person may not enter the security area. (3) If the prohibited person normally resides in a security area with a child or another person, and the prohibited person is wholly responsible for looking after the needs of the child or other person, the cost of reasonable accommodation is for the prohibited person and that child or other person. Example for subsection (3) The prohibited person may be the sole parent of a child or look after a parent with a disability. Part 11 Disclosure of information 85 Prohibition on unauthorised disclosure of restricted information (1) A person must not disclose restricted information that the person has knowledge of because of the person’s employment, without lawful authority. Maximum penalty—100 penalty units. (2) In this section— restricted information means any of the following information relating to all or any part of the G20 meeting— (a) information relating to planning or deployment for the meeting or part; (b) information the disclosure of which could prejudice the security of buildings or vehicles; Current as at 18 November 2014 Page 13
G20 (Safety and Security) Act 2013 Part 11 Disclosure of information [s 86] (c) information the disclosure of which could prejudice public safety or the security of heads of state or heads of government; (d) information the disclosure of which could compromise relations between the State and other governments. 86 Disclosure of information in possession of police service (1) The commissioner may authorise, in writing, the disclosure of information in the possession of the police service to a prescribed agency or police service for a purpose relating to the safety and security of the G20 meeting. Examples 1 An intelligence document about a person who intends to commit an act of violence at a G20 event may be disclosed to the Australian Defence Force or the Australian Security Intelligence Organisation. 2 An intelligence report, criminal history or information relating to the background and associates of a person who is to hold a Commonwealth accreditation or access approval. (2) Without limiting subsection (1), the information may be disclosed by direct data feed. (3) This section applies despite any other Act. (4) In this section— prescribed agency or police service means any of the following— (a) an agency of the State; (b) the Commonwealth G20 Taskforce; (c) an agency of the Commonwealth, another State or a foreign government; (d) the police service or police force of the Commonwealth, another State or a foreign government. Page 14 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Part 11 Disclosure of information [s 92] 92 Return of identity card A person who ceases to be an appointed person must return the person’s identity card to the commissioner as soon as practicable (but within 2 days) after the person ceases to be an appointed person, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. 93 Misuse of position as appointed person or of identity card An appointed person must not misuse the person’s— (a) position as an appointed person; or (b) identity card. Maximum penalty—100 penalty units. Examples of misuse for paragraph (b) producing the identity card to obtain a benefit producing the identity card, when the appointed person is off duty, to give another person a direction 94 Special justification (1) A person has special justification to be in a restricted area or motorcade area if— (a) the person is a police officer who is on duty in the area; or (b) the person is an appointed person who is performing the functions of an appointed person in the area; or (c) the person is required or permitted to be in the area by the commissioner, a police officer or an appointed person; or (d) the person— (i) is required to be in, or pass through, the area for the purposes of the person’s employment, Current as at 18 November 2014 Page 15
G20 (Safety and Security) Act 2013 Part 11 Disclosure of information [s 95] occupation, profession, calling, trade or business or for another work-related purpose; and (ii) holds a Commonwealth accreditation or access approval authorising access to the area for that purpose; or (e) the person— (i) resides, whether temporarily or permanently, in premises located in the area; and (ii) holds a Commonwealth accreditation or access approval authorising access to the premises. (2) The onus of proving special justification is on the person claiming it. 95 Evidence (1) In a proceeding for an offence against this Act, the following statements in the charge are sufficient evidence of the facts stated unless the contrary is proved— (a) that an order was made declaring a stated area to be an additional declared area or additional restricted area; (b) the date and time the order was signed; (c) the period stated in the order for which the area is an additional declared area or additional restricted area; (d) that a stated person has been given an exclusion notice; (e) that a stated person has been personally served under section 51; (f) that a stated person was at a stated time or during a stated period— (i) a police officer; or (ii) a non-State police officer; or (iii) an appointed person; (g) a dog supplied by the Australian Defence Force is trained for a weapons or explosives detection purpose. Page 16 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Part 14 Expiry and provision if G20 meeting cancelled [s 98] (2) A document purporting to be signed by a delegate of the commissioner is proof of the delegation unless the contrary is proved. 98 Review of Act (1) The commissioner must ensure the operation and effectiveness of this Act is reviewed. (2) The commissioner must give a report of the outcome of the review to the Minister by no later than 17 October 2015. (3) The Minister must table the report in the Legislative Assembly as soon as reasonably practicable after the Minister is given the report by the commissioner. (4) This section does not apply if the State Government calls another review, the terms of reference of which include reviewing the operation and effectiveness of this Act. 100 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made in relation to— (a) continuing provisions as mentioned in section 101; and (b) for the purpose of section 102. Part 14 Expiry and provision if G20 meeting cancelled 101 Expiry (1) This Act, other than the continuing provisions, expires on 17 November 2014. (2) The continuing provisions expire on 17 November 2015. Current as at 18 November 2014 Page 17
G20 (Safety and Security) Act 2013 Part 14 Expiry and provision if G20 meeting cancelled [s 102] (3) This section is subject to section 102. (4) In this section— continuing provisions means the following— (a) parts 1, 7, 8, 10, 11 and 14; (b) section 92 to 95, 98 and 100; (c) schedule 7. 102 Regulation may provide that provisions do not operate if G20 meeting is cancelled (1) The purpose of this section is to make provision in relation to this Act if the holding of the G20 meeting is cancelled. (2) A regulation may declare that the holding of the G20 meeting is cancelled on and after a date stated in the regulation. (3) If a regulation declares that the holding of the G20 meeting is cancelled, the provisions that would have otherwise expired under section 101(1) on 17 November 2014 expire on the date stated in the regulation. (4) Subsection (3) does not affect anything done or suffered under this Act before the date stated in the regulation. Page 18 Current as at 18 November 2014
Schedule 7 Dictionary G20 (Safety and Security) Act 2013 Schedule 7 section 6 access approval see section 15(1). additional declared area means an area of land or water declared under section 12 or 13 to be an additional declared area. additional restricted area means an area of land or water declared under section 12 or 13 to be an additional restricted area. appointed person see section 89(1). assault see Criminal Code, section 245. assembly see section 18(2). assistant commissioner see the Police Service Administration Act 1990 , section 1.4. attempt , in relation to a vehicle attempting to enter or leave a security area or part of a security area, means the person in charge of the vehicle positioning the vehicle for the purpose of approaching, entering or leaving the security area or part. barrier includes a fence or any other thing used, or a thing that can be used, to restrict access or indicate an access restriction. Examples a chain mesh fence or other fence a chain strung between 2 points a water filled container a blockade created by a vehicle basic search see section 20. Cairns finance meeting see section 2(1)(a). commissioner means the commissioner of the police service. Commonwealth accreditation see section 14(1). Current as at 18 November 2014 Page 19
G20 (Safety and Security) Act 2013 Schedule 7 Page 20 cordon includes— (a) tape or rope, acting as a barrier; and (b) retractable barrier webbing between stanchions; and (c) bollards; and (d) a sign prohibiting or restricting entry. core declared area means an area— (a) shown hatched on a map in schedule 2 or 3; and (b) if a regulation has been made modifying the area as mentioned in section 9(2)—as that hatched area is modified by the regulation. core restricted areas means an area— (a) shown hatched on a map in schedule 4 or 5; and (b) if a regulation has been made modifying the area as mentioned in section 11(2)—as that hatched area is modified by the regulation. custody police officer means a police officer assigned to perform duty at a processing facility. declared area see section 9(1). deputy commissioner see the Police Service Administration Act 1990 , section 1.4. detection dog see section 34(1). excluded , in relation to an excluded person, means the person must not enter or remain in, or attempt to enter or remain in, a security area or part of a security area as required by the exclusion notice given to the person. excluded person means a person who has been given an exclusion notice. exclusion notice means an oral or written notice under section 56. face means a person’s face— (a) from the top of the forehead to the bottom of the chin; and Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Schedule 7 (b) between (but not including) the ears. footpath see the Transport Operations (Road Use Management) Act 1995 , schedule 4. for , in relation to a provision of this Act, includes for the purposes of the provision. frisk search see section 21. G20 event means an event, function or activity that is directly or indirectly part of, or related to, the following— (a) the leaders summit; (b) the Cairns finance meeting; (c) a sherpa meeting. Examples a meeting of a President and a Prime Minister at a hotel to discuss a policy issue a meeting between the Prime Minister of the United Kingdom and the Governor-General of Australia a motorcade a musical recital at Brisbane City Hall held for and attended by a head of state or head of government whether or not members of the public are invited a fireworks display at South Bank Parkland held for and attended by a head of state or head of government whether or not members of the public are invited G20 meeting means all of the following— (a) the leaders summit; (b) the Cairns finance meeting; (c) a sherpa meeting; (d) a G20 event. G20 participant means any of the following— (a) a person in Queensland to attend the leaders summit; or (b) a person in Queensland to attend the Cairns finance meeting; or (c) a person in Queensland to attend a sherpa meeting; or Current as at 18 November 2014 Page 21
G20 (Safety and Security) Act 2013 Schedule 7 ( d) an internationally protected person (within the meaning of the Crimes (Internationally Protected Persons) Act 1976 (Cwlth)) in Queensland to attend a G20 event; or ( e) any other person or class of persons prescribed by regulation as a G20 protected person. G20 period means the period starting at the beginning of 16 September 2014 and ending on 17 November 2014. G20 purpose means a lawful act done to preserve the safety and security of the G20 meeting, including, for example, to preserve— (a) the safety or security of a member of the public from unlawful acts, including, for example, by an assembly in relation to a G20 event that is not lawful; or (b) property from damage by unlawful acts, including, for example, arson in relation to a G20 event. headwear includes an item of clothing, a helmet, a mask or another thing worn by a person that prevents the person’s face from being seen, whether wholly or partly. leaders summit see section 2(1)(a). motorcade means vehicles used for road or water travel by a G20 participant or G20 protected person. motorcade area see section 10. non-State police officer means any of the following— (a) a member of the Australian Federal Police; (b) a sworn member of a police service or police force of another State or New Zealand. obstruction object means a thing placed in, or in the vicinity of, a security area or any other area in a way intended or likely to— (a) impede passage to or through the security area; or (b) seriously disrupt traffic flow; or (c) impede a motorcade. Page 22 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Schedule 7 Examples bicycles chained together across a road leading into a declared area an unattended car parked in a traffic lane in a motorcade area a truck parked across the Go Between Bridge causing drivers travelling to West End to use the Captain Cook Bridge or the Victoria Bridge, causing traffic congestion near a security area a package left at the side of a motorcade area in a way that might lead to a suspicion that it is an explosive device or is otherwise a risk to public safety personal details , in relation to a person, means— (a) the person’s full name; and (b) any other name the person is known by; and (c) the person’s date of birth; and (d) the address where the person is living; and (e) the address where the person usually lives, if that is different from the address where the person is living; and (f) either— (i) an official document identifying the person issued by a government agency in relation to the person; or (ii) another reliable form of identification. photo includes a digital image. Police Act see section 4(1) . possess includes custody and control. prescribed website means— (a) the department’s website; or Editor’s note The department’s website address is <www.police.qld.gov.au>. (b) if the website is not operating or not operating properly—another website nominated by the commissioner. processing facility means— Current as at 18 November 2014 Page 23
G20 (Safety and Security) Act 2013 Schedule 7 (a) a place declared to be a police establishment under the Police Service Administration Act 1990 , section 10.10; or (b) a watch-house. prohibited item see section 59. prohibited person see section 53. reasonably satisfied means satisfied on grounds that are reasonable in the circumstances. reasonably suspects means suspects on grounds that are reasonable in the circumstances. restricted area see section 11. road see the Transport Operations (Road Use Management) Act 1995 , schedule 4. safety and security of the G20 meeting includes any and all of the following— (a) the safety and security of the venues and facilities used, or to be used, for any part of the G20 meeting including venues in or outside a restricted area; (b) the safety and security of the venues and facilities used, or to be used, for the accommodation of G20 participants, including venues in or outside a restricted area; (c) the safety and security of G20 participants when travelling to or from the venues and facilities for a G20 event or the accommodation as mentioned in paragraph (b), including motorcade areas; (d) the safety and security of persons (other than G20 participants) when in a restricted area or motorcade area. search , in relation to a thing, includes handling the thing, opening it, removing any contents and examining the contents. security area see section 7. Page 24 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Schedule 7 senior police officer means a police officer who holds the rank of at least a superintendant. sherpa means a person appointed or employed to assist a head of state or head of government, finance Minister, central bank governor or deputy finance Minister in matters of policy or administration. sherpa meeting see section 2(1)(a). special justification see section 94(1). specific search see section 22. vehicle includes— (a) a motor vehicle, train, aircraft, bicycle or vessel, whether the thing can be operated by a person in or on the thing or can be operated unmanned; and (b) anything else used or to be used to carry persons or goods from place to place, whether or not it is drawn by an animal. Current as at 18 November 2014 Page 25
G20 (Safety and Security) Act 2013 Endnotes Endnotes 1 Index to endnotes Page 2 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 3 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 2 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered 3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory Page 26 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Endnotes requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Current as at 7 November 2013 5 September 2014 18 November 2014 Amendments included 2013 Act No. 56 2014 Act No. 43 Notes RA ss 7(1)(k), 37, 40 and 42A provs exp 17 November 2014 4 List of legislation G20 (Safety and Security) Act 2013 No. 56 date of assent 7 November 2013 commenced on date of assent exp 17 November 2015 (see s 101(2)) amending legislation— G20 (Safety and Security) Act 2013 No. 56 ss 1, 99 date of assent 7 November 2013 commenced on date of assent Transport and Other Legislation Amendment Act 2014 No. 43 s 1, pt 2A date of assent 5 September 2014 commenced on date of assent 5 List of annotations Long title amd 2013 No. 56 s 99 PART 2—SECURITY AREAS pt hdg exp 17 November 2014 (see s 101(1)) Division 1—What is a security area div 1 (ss 7–11) exp 17 November 2014 (see s 101(1)) Division 2—Additional security areas div 2 (ss 12–13) exp 17 November 2014 (see s 101(1)) Division 3—Accreditation or approval to enter particular security areas div 3 (ss 14–15) exp 17 November 2014 (see s 101(1)) Current as at 18 November 2014 Page 27
G20 (Safety and Security) Act 2013 Endnotes PART 3—LAWFUL ASSEMBLY pt 3 (ss 16–19) exp 17 November 2014 (see s 101(1)) PART 4—SPECIAL POWERS IN RELATION TO SECURITY AREAS pt hdg exp 17 November 2014 (see s 101(1)) Division 1—Searches of the person div hdg exp 17 November 2014 (see s 101(1)) Subdivision 1—Types of search sdiv 1 (ss 20–22) exp 17 November 2014 (see s 101(1)) Subdivision 2—Who may conduct search in security area sdiv 2 (ss 23–25) exp 17 November 2014 (see s 101(1)) Subdivision 3—Method of conducting searches sdiv 3 (ss 26–29) exp 17 November 2014 (see s 101(1)) Subdivision 4—Requirement for searching children and persons with impaired capacity sdiv 4 (s 30) exp 17 November 2014 (see s 101(1)) Division 2—Stop and search powers div 2 (ss 31–32) exp 17 November 2014 (see s 101(1)) Division 3—Searches of premises div 3 (s 30) exp 17 November 2014 (see s 101(1)) Division 4—Use of detection dogs div 4 (ss 34–35) exp 17 November 2014 (see s 101(1)) Division 5—Power to require reason for entry and personal details div 5 (ss 36–38) exp 17 November 2014 (see s 101(1)) Division 6—Road closures etc. div 6 (ss 39–40) exp 17 November 2014 (see s 101(1)) Division 7—Powers to prevent entry or remove div 7 (ss 41–47) exp 17 November 2014 (see s 101(1)) Division 8—Direction for safety or security div 8 (s 48) exp 17 November 2014 (see s 101(1)) Division 9—Use of force by appointed persons div 9 (s 49) exp 17 November 2014 (see s 101(1)) PART 5—PROHIBITED PERSONS AND EXCLUDED PERSONS pt hdg exp 17 November 2014 (see s 101(1)) Division 1—Prohibited persons div 1 (50–54) exp 17 November 2014 (see s 101(1)) Division 2—Excluded persons div 2 (55–58) exp 17 November 2014 (see s 101(1)) Page 28 Current as at 18 November 2014
G20 (Safety and Security) Act 2013 Endnotes PART 6—PROHIBITED ITEMS AND RELATED PROVISIONS pt 6 (ss 59–62) exp 17 November 2014 (see s 101(1)) PART 9—ARREST AND CUSTODY POWERS AND BAIL pt hdg exp 17 November 2014 (see s 101(1)) Division 1—Arrest and custody powers div 1 (ss 78–81) exp 17 November 2014 (see s 101(1)) Division 2—Bail div 2 (s 82) exp 17 November 2014 (see s 101(1)) PART 12—GENERAL PROVISIONS ABOUT NON-STATE POLICE OFFICERS AND APPOINTED PERSONS pt hdg exp 17 November 2014 (see s 101(1)) Division 1—Non-State police officers div hdg exp 17 November 2014 (see s 101(1)) Authorisation of non-State police officers s 87 exp 17 November 2014 (see s 101(1)) Production of identity card s 88 exp 17 November 2014 (see s 101(1)) Division 2—Appointed persons div hdg exp 17 November 2014 (see s 101(1)) Appointment s 89 exp 17 November 2014 (see s 101(1)) Identity card s 90 exp 17 November 2014 (see s 101(1)) Production or display of identity card s 91 exp 17 November 2014 (see s 101(1)) PART 13—MISCELLANEOUS pt hdg exp 17 November 2014 (see s 101(1)) Registration plate identification s 96 exp 17 November 2014 (see s 101(1)) Delegation s 97 exp 17 November 2014 (see s 101(1)) Amendment of this Act s 99 om RA s 37 PART 15—AMENDMENT OF OTHER ACTS pt hdg om RA s 7(1)(k) Division 1—Amendment of Criminal Code div 1 (ss 103–105) om RA ss 7(1)(k), 40 Current as at 18 November 2014 Page 29
G20 (Safety and Security) Act 2013 Endnotes Division 2—Amendment of Holidays Act 1983 div 2 (ss 106–107) om RA ss 7(1)(k), 40 Division 3—Amendment of Industrial Relations Act 1999 div 3 (ss 108–109) om RA ss 7(1)(k), 40 Division 4—Amendment of Right to Information Act 2009 div 4 (ss 110–111) om RA ss 7(1)(k), 40 Division 5—Amendment of Trading (Allowable Hours) Act 1990 div 5 (ss 112–113) om RA ss 7(1)(k), 40 SCHEDULE 1—APPLICATION OF ACT TO DECLARED AREAS AND RESTRICTED AREAS amd 2014 No. 43 s 4B exp 17 November 2014 (see s 101(1)) SCHEDULE 2—CORE DECLARED AREA IN CAIRNS exp 17 November 2014 (see s 101(1)) SCHEDULE 3—CORE DECLARED AREAS IN BRISBANE exp 17 November 2014 (see s 101(1)) SCHEDULE 4—CORE RESTRICTED AREAS IN CAIRNS exp 17 November 2014 (see s 101(1)) SCHEDULE 5—CORE RESTRICTED AREAS IN BRISBANE exp 17 November 2014 (see s 101(1)) SCHEDULE 6—Prohibited items exp 17 November 2014 (see s 101(1)) © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 30 Current as at 18 November 2014