Police Powers and Responsibilities and Other Legislation Amendment Act 2018

1Short title

This Act may be cited as the Police Powers and Responsibilities and Other Legislation Amendment Act 2018.

2Commencement

Section 22 commences on a day to be fixed by proclamation.

3Act amended

This part amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

3AAmendment of s 3 (Purposes of this Act)

Section 3(2)(f)—
omit, insert—

(f)provides for the making of orders against particular offenders who commit sexual, or particular other serious, offences against children to—

(i)prohibit the offenders from engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; or

(ii)require the offenders to do particular things to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally.

3BAmendment of s 5 (Reportable offender defined)

Section 5(1)—
insert—

(f)a post-DPSOA reportable offender.

3CInsertion of new s 7A

After section 7—
insert—

7APost-DPSOA reportable offender defined

(1)A post-DPSOA reportable offender is a person who—

(a)was sentenced for a reportable offence, whether before or after the commencement date; and

(b)was, but is no longer, subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; and

(c)at the time the person stopped being subject to the division 3 order mentioned in paragraph (b), was not subject to reporting obligations as a reportable offender under section 5(1)(a), (aa) or (b).

(2)A person becomes a post-DPSOA reportable offender when the person stops being subject to the division 3 order mentioned in subsection (1)(b).

3DAmendment of s 13A (Application)

Section 13A(3), definition concerning conduct, ‘lives or sexual safety’—
omit, insert—

safety or wellbeing

3EAmendment of s 13C (Making prohibition order)

Section 13C(1)(b)(i), ‘lives or sexual safety’—
omit, insert—

safety or wellbeing

3FAmendment of s 13D (Matters court must consider before making prohibition order)

Section 13D(1)—
insert—

(fa)whether the respondent has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; and

3GInsertion of new s 13FA

After section 13F—
insert—

13FA Conduct that may be required

(1)A prohibition order may require the respondent to do any of the following things—

(a)wear a tracking device for a stated period;

(b)comply with a condition the court considers necessary to facilitate the operation of a tracking device;

(c)reside at a particular place of residence;

(d)submit to psychological treatment;

(e)comply with a condition the court considers necessary to reduce the risk to the safety or wellbeing of 1 or more children, or of children generally.

(2)This section does not limit section 13F.

(3)In this section—

tracking device means an electronic device capable of being worn, and not removed, by a person for the purpose of the police service, or the chief executive (corrective services), finding or monitoring the geographical location of the person.

3HAmendment of s 13I (Applying for temporary order)

Section 13I(1)(b)(i), ‘lives or sexual safety’—
omit, insert—

safety or wellbeing

3IInsertion of new s 13LA

After section 13L—
insert—

13LA Conduct that may be required

Section 13FA applies to a temporary order as if—

(a)a reference in the section to a prohibition order were a reference to a temporary order; and

(b)a reference in the section to the court included, for section 13J, a reference to a magistrate.

3JAmendment of s 19A (Reporting changes in personal details)

Section 19A(1)—
insert—

(aa)if the offender has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003 and the change relates to any premises where the offender generally resides, or a locality where the offender can generally be found—within 24 hours after the change happens; or

3KAmendment of s 35 (When reporting obligations begin)

Section 35(1)—
insert—

(aa)for a post-DPSOA reportable offender—when the offender becomes a post-DPSOA reportable offender; or

3LInsertion of new s 38A

After section 38—
insert—

38AExtended reporting period if reportable offender ever subject to division 3 order

(1)This section applies to a reportable offender who has ever been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

(2)Despite anything to the contrary in this division, the offender must continue to comply with the reporting obligations imposed by this part for the remainder of the offender’s life.

3MAmendment of s 41 (Supreme Court may exempt particular reportable offenders)

Section 41(2)(a)—
omit, insert—

(a)a period of 15 years has passed (ignoring any period during which the reportable offender was in government detention) since the later of the following days—

(i)the day the offender was last sentenced in relation to a reportable offence or a corresponding reportable offence;

(ii)the day the offender was last released from government detention in relation to a reportable offence or a corresponding reportable offence;

(iii)the day the offender was last subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; and

4Amendment of sch 1 (Prescribed offences)

Schedule 1, item 6—
insert—

•section 271.4 (Offence of trafficking in children)

•section 271.7 (Offence of domestic trafficking in children)

•section 272.12 (Sexual intercourse with young person outside Australia—defendant in position of trust or authority)

•section 272.13 (Sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority)

•section 273.7 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

•section 471.20 (Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service)

•section 471.22 (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

•section 471.26 (Using a postal or similar service to send indecent material to person under 16)

•section 474.24A (Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people)

•section 474.25B (Aggravated offence—child with mental impairment or under care, supervision or authority of defendant)

4AAmendment of sch 3 (When reportable offender must make initial report)

Schedule 3, after first entry—
insert—

A reportable offender who is a post-DPSOA reportable offender

24 hours after the reportable offender becomes a post-DPSOA reportable offender

4BAmendment of sch 5 (Dictionary)

Schedule 5—
insert—

post-DPSOA reportable offender see section 7A.

5Act amended

This part amends the Corrective Services Act 2006.

6Amendment of s 193 (Decision of parole board)

(1)Section 193(5)(b)—
omit, insert—

(b)if the application is for a parole order other than an exceptional circumstances parole order—decide a period of time within which a further application for a parole order (other than an exceptional circumstances parole order) by the prisoner must not be made without the board’s consent.

(2)Section 193—
insert—

(5A)The period of time decided under subsection (5)(b) must not be more than—

(a)for a prisoner serving a life sentence—12 months; or

(b)otherwise—6 months.

7Replacement of s 208B (Prescribed board member may suspend parole order and issue warrant)

Section 208B—
omit, insert—

208B Parole board or prescribed board member may suspend parole order and issue warrant

(1)If a request is made under section 208A, the parole board or a prescribed board member must, as a matter of urgency—

(a)consider the request; and

(b)decide whether or not to suspend the parole order.

(2)The parole board or prescribed board member may decide to suspend the parole order only if the parole board or member reasonably believes the prisoner—

(a)has failed to comply with the parole order; or

(b)poses a serious and immediate risk of harm to another person; or

(c)poses an unacceptable risk of committing an offence; or

(d)is preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas.

(3)If the parole board considers the request, the decision whether or not to suspend the parole order is taken to have been made under section 205(2).

(4)If the parole board or prescribed board member decides not to suspend the parole order, the parole board or member must give the chief executive written notice of the decision.

(5)If the prescribed board member decides to suspend the parole order, the member may—

(a)by written order, suspend the parole order; and

(b)issue a warrant, signed by the member or an officer of the secretariat prescribed by regulation, for the prisoner’s arrest.

(6)The order has effect from when it is made.

(7)The warrant may be directed to all police officers.

(8)When arrested, the prisoner must be taken to a prison to be kept there until the suspension ends.

8Amendment of s 208C (Parole board must consider suspension)

Section 208C, heading, after ‘suspension’—
insert—

by prescribed board member

9Amendment of s 234 (Meetings about particular matters relating to parole orders)

(1)Section 234(1)—
omit, insert—

(1)Subsection (2) applies if, at a meeting of the parole board, the board is to consider a prescribed prisoner’s application for a parole order.

(2)Section 234(3), after ‘suspension’—
insert—

or cancellation

10Act amended

This part amends the Criminal Code.

11Amendment of s 205A (Contravening order about information necessary to access information stored electronically)

Section 205A(a), ‘(2) or 154A(2)’—
omit, insert—

(2), 154A(2) or 178A(1)

12Act amended

This part amends the Maritime Safety Queensland Act 2002.

13Amendment of s 11A (Delegation of functions of general manager)

(1)Section 11A—
insert—

(2A)Proof of a delegation by the general manager under subsection (1) is not required in a proceeding under the Transport Operations (Marine Pollution) Act 1995 or the Transport Operations (Marine Safety) Act 1994 unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

(2B)The notice must be in the form approved by the general manager.

(2)Section 11A(2A) to (4)—
renumber as section 11A(3) to (6).

14Act amended

This part amends the Motor Accident Insurance Act 1994.

15Amendment of s 87W (Proceedings)

Section 87W—
insert—

(4)Proof of an authorisation by the commissioner or the Attorney-General under subsection (1)(c) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the authorisation at least 10 business days before the hearing date.

(5)The notice must be in the form approved by the commission or transport administration.

16Amendment of s 87X (Evidentiary certificates given by the commission and transport administration)

Section 87X—
insert—

(5)Subsections (6) and (7) apply if there is an authorisation by the commission or transport administration under subsection (4)(b) of a power to give a certificate under subsection (1) or (2).

(6)Proof of the authorisation is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the authorisation at least 10 business days before the hearing date.

(7)The notice must be in the form approved by the commission or transport administration.

17Amendment of s 90 (Transport administration to provide certain information)

Section 90—
insert—

(3)Subsections (4) and (5) apply if there is a delegation by transport administration of a power to give a certificate under subsection (2).

(4)Proof of the delegation is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

(5)The notice must be in the form approved by transport administration.

18Act amended

This part amends the Police Powers and Responsibilities Act 2000.

19Amendment of s 21B (Power to inspect storage devices for the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004)

Section 21B(6), definition prescribed internet offence, paragraph (a)—
omit, insert—

(a)an offence against any of the following provisions of the Criminal Code—

•section 218A

•section 228DA

•section 228DB; or

20Amendment of ch 4, pt 2, div 1B, sdiv 2, hdg (Removal and confiscation of number plate powers)

Chapter 4, part 2, division 1B, subdivision 2, heading, ‘Removal and confiscation’—
omit, insert—

Confiscation

21Amendment of s 74H (Power to remove and confiscate number plates)

(1)Section 74H(2)—
omit, insert—

(2)The police officer may attach a notice (a number plate confiscation notice) to the motor vehicle stating all of the following—

(a)that the vehicle must not be operated;

(b)the period for which the vehicle is prohibited from being operated;

(c)that the notice must not be removed from the vehicle;

(d)the date the notice is attached to the motor vehicle.

(2A)If the police officer attaches a number plate confiscation notice to the motor vehicle and number plates are attached to the motor vehicle, the police officer must also remove and confiscate the number plates.

(2)Section 74H—
insert—

(4)To remove any doubt, it is declared that a number plate confiscation notice may be attached to a motor vehicle whether or not number plates are attached to the vehicle.

22Insertion of new s 105CA

Chapter 4, part 5A, division 2, after section 105C—
insert—

105CAOffence to modify, sell or dispose of motor vehicle during number plate confiscation period

(1)This section applies if a number plate confiscation notice was attached to a motor vehicle under section 74H.

(2)The owner of the motor vehicle must not, without reasonable excuse, modify or sell or otherwise dispose of the motor vehicle during the number plate confiscation period.

Maximum penalty for subsection (2)—40 penalty units.

23Insertion of new ch 7, pt 3, div 1AA

Chapter 7, part 3, before division 1—
insert—

Division 1AA Preliminary

163ADefinitions for part

In this part—

crime scene see section 163B.

crime scene threshold offence means—

(a)an indictable offence for which the maximum penalty is at least 4 years imprisonment; or

(b)an offence involving deprivation of liberty.

responsible officer see section 165(1).

163BWhat is a crime scene

A place is a crime scene if—

(a)either of the following apply—

(i)a crime scene threshold offence happened at the place;

(ii)there may be evidence at the place, of a significant probative value, of the commission of a crime scene threshold offence that happened at another place; and

(b)it is necessary to protect the place for the time reasonably necessary to search for and gather evidence of the commission of the crime scene threshold offence.

24Amendment of s 164 (Gaining access to crime scenes)

Section 164(2)(b), ‘primary or secondary’—
omit.

25Insertion of new s 178A

Chapter 7, part 3, division 3—
insert—

178AOrder for access information for a storage device at or seized from a crime scene

(1)On the application of a police officer, a Supreme Court judge or a magistrate may make an access information order for a storage device—

(a)situated at a crime scene; or

(b)seized from a crime scene under section 176(1)(j).

(2)The judge or magistrate may make the access information order only if satisfied there are reasonable grounds for suspecting that information stored on the storage device may be evidence of the commission of the offence for which the crime scene was, or is to be, established.

(3)The access information order must state—

(a)the time at or by which the specified person must give the police officer the information or assistance; and

(b)the place where the specified person must provide the information and assistance; and

(c)any conditions to which the provision of the information or assistance is subject; and

(d)that failure to comply with the order may be dealt with under the Criminal Code, section 205A.

(4)Without limiting when the application for the access information order may be made, the application may be made at the same time the police officer applies for a crime scene warrant for the crime scene and the judge or magistrate may include the order in the crime scene warrant.

(5)In this section—

access information, for a storage device, means information that is necessary for a person to access and read information stored on the storage device.

access information order, for a storage device at or seized from a crime scene, means an order requiring a specified person to—

(a)give a police officer—

(i)access to the storage device; or

(ii)access information for the storage device; or

(iii)any other information or assistance necessary for the police officer to be able to use the storage device to gain access to information stored on the device that is accessible only by using access information; or

(b)allow a police officer, given access to the storage device, to do any of the following in relation to information stored on or accessible only by using the storage device—

(i)use access information or other information to gain access to the stored information;

(ii)examine the stored information to find out whether it may be evidence of the commission of the offence for which the crime scene was, or is to be, established;

(iii)make a copy of the stored information that may be evidence of the commission of a crime scene threshold offence, including by using another storage device;

(iv)convert the stored information into a form that enables it to be understood by a police officer.

specified person, for a storage device, means a person who—

(a)is—

(i)reasonably suspected of having committed an offence for which a crime scene warrant was issued; or

(ii)the owner of the storage device; or

(iii)in possession of the storage device; or

(iv)an employee of the owner or person in possession of the storage device; or

(v)a person who uses or has used the storage device; or

(vi)a person who is or was a system administrator for the computer network of which the storage device forms or formed a part; and

(b)has a working knowledge of—

(i)how to access and operate the storage device or a computer network of which the storage device forms or formed a part; or

(ii)measures applied to protect information stored on the storage device.

storage device means a device on which information may be stored electronically, including a computer.

stored, on a storage device, includes accessible through the storage device.

178BCompliance with access information order

(1)A person is not excused from complying with an access information order on the ground that complying with it may tend to incriminate the person or make the person liable to a penalty.

(2)In this section—

access information order see section 178A(5).

26Amendment of s 179 (Alternative accommodation to be provided in some cases)

Section 179(2)—
omit, insert—

(1A)A police officer must inform the occupier of the occupier’s right to suitable alternative accommodation for the time the occupier can not live in the dwelling.

(2)The commissioner must arrange suitable alternative accommodation for the occupier for the time the occupier can not live in the dwelling, if requested to do so by the occupier.

27Insertion of new ch 7, pt 3A

Chapter 7—
insert—

Part 3A Searching places for high-risk missing persons

Division 1 Preliminary

179ADefinitions for part

In this part—

commissioned officer means a police officer of at least the rank of inspector.

missing person see section 179B.

missing person powers means the powers provided for in sections 179P and 179Q.

missing person scene means that part of a place in which missing person powers may be exercised.

missing person warrant see section 179J(1).

residence, for a person, includes a place at which the person regularly sleeps.

responsible officer see section 179D.

179BWho is a missing person

A person is a missing person if—

(a)another person fears for the safety of the person, or is concerned for the welfare of the person, because he or she is unable to contact or locate the person; and

(b)the other person reports his or her fear or concern to a police officer; and

(c)after a police officer makes reasonable inquiries to contact or locate the person, the person’s whereabouts remain unknown to the police officer.

179CWhen a missing person is high-risk

(1)This section applies to a police officer, Supreme Court judge or magistrate in deciding under division 2 or 3 whether a missing person is high-risk.

(2)The police officer, Supreme Court judge or magistrate may be satisfied a missing person is high-risk if—

(a)the person is under 13 years; or

(b)the officer, judge or magistrate reasonably suspects the person may suffer serious harm if not found as quickly as possible.

(3)In making a decision about a missing person under subsection (2)(b), the police officer, Supreme Court judge or magistrate may have regard to any of the following matters—

(a)the person’s age;

(b)any disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment;

(c)evidence the person may commit suicide;

(d)the person’s ability to interact safely with other persons or in an unfamiliar environment;

(e)the person’s need for medication;

(f)an addiction the person may have;

(g)the person’s recent behaviour that is out of character for the person;

(h)whether the person is suspected of being the victim of a crime;

(i)any history of domestic violence or other relationship problems affecting the person;

(j)any ongoing bullying or harassment of the person;

(k)a previous disappearance or exposure to serious harm that affected the person;

(l)whether the person is experiencing any financial problems;

(m)a reason why the person may wish to go missing;

(n)if the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area;

(o)any suspicious circumstances relating to the person’s disappearance.

Example of a suspicious circumstance—

The missing person has suddenly stopped his or her regular activities, including banking or social activities.

(4)In this section—

serious harm means harm, including the cumulative effect of any harm, that—

(a)endangers, or is likely to endanger, a person’s life; or

(b)is, or is likely to be, significant and longstanding.

Division 2 Establishment of missing person scenes

179DEstablishing missing person scene

(1)A police officer (the responsible officer) may establish a missing person scene at a place if authorised to do so—

(a)under a missing person warrant; or

(b)under section 179E.

(2)If another police officer assumes control of the missing person scene, that police officer becomes the responsible officer for the scene instead of the other officer.

(3)The police officer may establish the missing person scene in any way that gives a person wanting to enter the place notice that the place is a missing person scene.

Examples—

1A police officer may stand at a door to stop people entering a building and tell them they can not enter the building.

2A police officer may put around a place barricades or tapes indicating the place is a missing person scene.

3A police officer may display a written notice stating the place is a missing person scene and unauthorised entry is prohibited.

179EAuthorisation if, as a matter of urgency, it is necessary to establish missing person scene before obtaining missing person warrant

(1)This section applies if a police officer is satisfied—

(a)a missing person is high-risk; and

(b)as a matter of urgency, it is necessary to establish a missing person scene at a place before obtaining a missing person warrant.

(2)The police officer may establish the missing person scene if authorised to do so by a commissioned officer.

(3)The commissioned officer may authorise establishing the missing person scene if—

(a)the commissioned officer is satisfied the missing person is high-risk; and

(b)the commissioned officer—

(i)for a place that is the missing person’s residence, place of employment or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or

(ii)for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and

(c)the commissioned officer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance; and

(d)the commissioned officer is satisfied, as a matter of urgency, it is necessary to establish a missing person scene at the place before obtaining a missing person warrant.

179FResponsibility after establishing missing person scene before obtaining missing person warrant

(1)This section applies if a police officer establishes a missing person scene at a place before obtaining a missing person warrant.

(2)As soon as reasonably practicable after establishing the missing person scene, a police officer must apply under section 179J to a Supreme Court judge or magistrate for a missing person warrant.

(3)Subsection (2) does not apply if the place is a public place, unless the place is a public place only while it is ordinarily open to the public and the occupier of the place requires a police officer at the place to leave the place.

179GDeciding limits of missing person scene

When establishing a missing person scene, the responsible officer for the scene must—

(a)identify what is the missing person scene; and

(b)decide the boundaries necessary to protect the missing person scene; and

(c)mark the limits of the missing person scene in a way that sufficiently identifies it to the public as a missing person scene.

179HRestricting access to missing person scene

(1)Immediately after establishing a missing person scene, the responsible officer for the scene must take the steps the officer considers reasonably necessary to protect anything at the scene from being damaged, interfered with or destroyed, including, for example, steps necessary to—

(a)ensure people, including police officers, whose presence at the scene is not essential do not enter the scene; and

(b)prevent unnecessary movement inside the boundaries of the scene; and

(c)establish a safe walking area in the scene for reducing the risk of damage to anything that may be at the scene.

(2)A person, other than the responsible officer, must not enter the missing person scene unless—

(a)the person has a special reason, associated with the investigation, for entering the scene; or

Examples—

•a police officer removing someone from the missing person scene who should not be there

•a police officer investigating the disappearance of the missing person the subject of the investigation

•a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation

(b)the person is a police officer who is asked to enter the scene by the responsible officer or an investigating police officer; or

(c)the person is an authorised assistant; or

(d)the presence of the person is necessary to preserve life or property at the scene; or

(e)the person is authorised to enter by the responsible officer.

(3)For subsection (2)(e), the responsible officer may authorise the entry subject to stated requirements.

(4)The responsible officer must ensure a record is made of—

(a)the name of each person who is present when the missing person scene is established or enters it after it is established; and

(b)when each person entered the missing person scene after it was established, and the purpose of the entry.

179IWhen place stops being missing person scene

(1)If a missing person scene is established at a place, the place stops being a missing person scene at the end of 48 hours after the scene is established.

(2)However, if a missing person warrant issued for the place is extended under section 179M, the place stops being a missing person scene at the end of the extension.

(3)Also, the place stops being a missing person scene before the end of the 48 hours, or any extension, if and when any of the following events happen—

(a)a judge or magistrate refuses to issue a missing person warrant for the place;

(b)a missing person warrant for the place stops having effect under section 179M;

(c)the responsible officer for the scene becomes aware that the missing person—

(i)has been found; or

(ii)is not a person who is likely to be high-risk;

(d)the responsible officer for the scene decides there is no longer a need to exercise missing person powers at the place.

Division 3 Missing person warrants

179JApplying for missing person warrant

(1)A police officer may apply to a Supreme Court judge or a magistrate for a warrant (a missing person warrant) to—

(a)establish a missing person scene; or

(b)confirm a missing person scene established under section 179E.

(2)However, the police officer may only apply for a warrant to establish a missing person scene if authorised to do so by a commissioned officer.

(3)The application must—

(a)be sworn and state the grounds on which it is sought; and

(b)include the information required under the responsibilities code.

(4)A police officer must, if reasonably practicable, give notice of the making of the application to the occupier of the place.

(5)Subsection (4) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation to which the application relates.

(6)If present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer), but not submissions that will unduly delay the consideration of the application.

(7)The issuer may refuse to consider the application until the police 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.

179KConsidering application and issuing missing person warrant

(1)This section applies if a Supreme Court judge or magistrate is considering an application for a missing person warrant in relation to a place.

(2)In deciding the application, the judge or magistrate must have regard to the following—

(a)the nature and seriousness of the disappearance of the missing person;

(b)the likely extent of interference to be caused to the occupier of the place;

(c)the time for which it is reasonable to maintain a missing person scene;

(d)any submissions made by the occupier of the place.

(3)The judge or magistrate (the issuer) may issue the missing person warrant if—

(a)the issuer is satisfied the missing person is high-risk; and

(b)the issuer—

(i)for a place that is the person’s residence, place of employment, or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or

(ii)for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and

(c)the issuer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance.

(4)If, before the application is considered, the place stops being a missing person scene, the judge or magistrate may issue a missing person warrant that has effect only for the time the place was a missing person scene.

179LWhat missing person warrant must state

(1)A missing person warrant must state—

(a)that a stated police officer may establish a missing person scene at the place and exercise missing person powers at the scene; and

(b)the day and time, of not more than 48 hours after the missing person scene is established, that the warrant ends.

(2)If a Supreme Court judge issues the missing person warrant, the warrant must state whether or not a police officer may, under the warrant, do something that may cause structural damage to a building.

179MDuration, extension and review of missing person warrant

(1)A missing person warrant stops having effect at the time fixed under the warrant or a later time fixed under subsection (2).

(2)A Supreme Court judge or magistrate may, on the application of a police officer made before a missing person warrant stops having effect, extend the warrant for a stated reasonable time of not more than 48 hours.

(3)The application must—

(a)be sworn and state the grounds on which it is sought; and

(b)include the information required under the responsibilities code.

179NReview of missing person warrant

(1)This section applies if a missing person warrant is issued in relation to a place.

(2)The occupier of the place may apply to the Supreme Court judge or magistrate that issued the missing person warrant for an order revoking the warrant if the application for the warrant was made in the absence of the occupier and the occupier—

(a)did not know about the application; or

(b)had a genuine reason for not being present during the hearing of the application.

(3)The judge or magistrate may revoke or refuse to revoke the warrant.

(4)The making of an application under subsection (2), or an application under the Judicial Review Act 1991 for review of the decision to issue the missing person warrant, does not stay the effect of the warrant.

179OCopy of missing person warrant to be given to occupier

(1)If a police officer exercises powers under a missing person warrant at a place that is occupied, the police officer must give the occupier a copy of both of the following as soon as it is reasonably practicable to do so—

(a)the missing person warrant;

(b)a statement, in the approved form, summarising the occupier’s rights and obligations under the missing person warrant.

(2)If the occupier is not present, the police officer must leave the copy of the missing person warrant and the statement in a conspicuous place.

Division 4 Powers at missing person scenes

179PPowers at missing person scene

(1)The responsible officer for a missing person scene, or a police officer acting under the direction of the responsible officer, may do any of the following in relation to the scene—

(a)enter the scene;

(b)if reasonably necessary, enter another place to gain access to the scene;

(c)perform any necessary investigation, including, for example, a search and inspection of the scene and anything in it for the missing person or to obtain information about the person’s disappearance;

(d)open anything at the scene that is locked;

(e)take electricity for use at the scene;

(f)remove or cause to be removed an obstruction from the scene;

(g)photograph the scene and anything in it;

(h)seize all or part of a thing that may provide information about the missing person’s disappearance.

(2)However, if it is necessary to do anything at the missing person scene that may cause structural damage to a building, the thing must not be done unless a Supreme Court judge issues a missing person warrant before the thing is done and the warrant authorises the doing of the thing.

(3)An authorised assistant for the missing person scene may also do a thing mentioned in subsection (1).

(4)However, the authorised assistant may do either of the following things only if asked to do so by the responsible officer—

(a)enter the missing person scene;

(b)if reasonably necessary, enter another place to gain access to the missing person scene.

179QPowers of direction etc. at missing person scene

The responsible officer for a missing person scene, or a police officer acting under the direction of the responsible officer, may do any of the following—

(a)direct a person to leave the scene or remove a vehicle or animal from the scene;

(b)remove or cause to be removed from the scene—

(i)a person who fails to comply with a direction to leave the scene; or

(ii)a vehicle or animal a person fails to remove from the scene;

(c)direct a person not to enter the scene;

(d)prevent a person from entering the scene;

(e)prevent a person from removing a thing from or otherwise interfering with the scene or anything in it and, for that purpose, detain and search the person;

(f)direct the occupier of the place that is the missing person scene, or a person apparently in charge of the place, to maintain a continuous supply of electricity at the place.

179RExercising missing person powers to be electronically recorded

(1)This section applies if a police officer exercises a missing person power at a place.

(2)If practicable, the act of exercising the missing person power must be electronically recorded.

Division 5 General

179SAlternative accommodation to be provided in some cases

(1)This section applies to the occupier of a dwelling if the occupier can not continue to live in the dwelling—

(a)while a missing person scene is established because of a direction given at the scene; or

(b)because of damage caused to the dwelling in the exercise of missing person powers.

(2)A police officer must inform the occupier of the occupier’s right to suitable alternative accommodation for the time the occupier can not live in the dwelling.

(3)The commissioner must arrange suitable alternative accommodation for the occupier for the time the occupier can not live in the dwelling, if requested to do so by the occupier.

(4)The accommodation must, if reasonably practicable, be in the same locality as, and of at least a similar standard to, the dwelling.

(5)This section does not apply to an occupier who is detained in lawful custody.

28Amendment of s 382 (Notice to appear may be issued for offence)

(1)Section 382(4), ‘Justices Act 1886, section 56(2)(a), (b) or (c)’—
omit, insert—

Justices Act 1886, section 56(1)(a) or (2)(a), (b) or (c)

(2)Section 382(4), note—
omit, insert—

Note—

The Justices Act 1886, section 56(1)(a) or (2)(a), (b) or (c) authorises service on a person at the person’s place of business or residence last known to the complainant, or at an address stated on the person’s driver licence or a current certificate of registration for the person’s motor vehicle.

29Amendment of s 389 (Court may order immediate arrest of person who fails to appear)

Section 389(5), ‘delaying the issue or execution’—
omit, insert—

postponing the enforcement

30Amendment of s 442 (Application of ch 16)

Section 442, after paragraph (cb)—
insert—

(cc)is detained under section 50 in relation to a breach of the peace and is to be transported to a place by a police officer; or

31Amendment of s 597 (Powers for reportable deaths)

Section 597(4), after ‘officer may’—
insert—

search for and

32Amendment of s 602S (Power to detain and photograph)

Section 602S(2)—
omit, insert—

(2)If the police officer is unable to photograph the respondent without transporting the respondent to a police vehicle, watch-house or police station, the police officer may detain and transport the respondent to the police vehicle, watch-house or police station.

(3)Under this section, a police officer may only—

(a)detain a person for the period reasonably necessary to photograph the person; and

(b)if subsection (2) applies, detain a person for the period reasonably necessary to transport the person; and

(c)photograph a person’s face, neck and hair.

33Insertion of new s 655A

Chapter 21—
insert—

655AOffence to assault or obstruct watch-house officer

(1)A person must not—

(a)assault a watch-house officer in the performance of the officer’s duties; or

(b)obstruct a watch-house officer in the performance of the officer’s duties.

Maximum penalty—40 penalty units or 6 months imprisonment.

(2)In this section—

assault has the meaning given by the Criminal Code, section 245.

obstruct includes hinder, resist and attempt to obstruct.

34Amendment of s 705 (Destruction of drug matter soon after it is seized etc.)

Section 705(1)(a), example, ‘Cannabis sativa’—
omit, insert—

cannabis

35Amendment of ch 22, pt 1, div 1, hdg (Explanation)

Chapter 22, part 1, division 1, heading, ‘Explanation’—
omit, insert—

Purpose

36Replacement of s 746 (Explanation of ch 22)

Section 746—
omit, insert—

746Purpose of chapter

(1)The purpose of this chapter is to enhance community safety by reducing the need for police officers to use a police service motor vehicle to pursue another motor vehicle if the driver fails to stop when directed.

(2)The purpose is mainly achieved by—

(a)providing for an evasion offence; and

(b)providing a power to help police officers investigate evasion offences; and

(c)enabling a court to order the impoundment or forfeiture of a motor vehicle after the court finds the driver of the motor vehicle guilty of an evasion offence.

37Amendment of s 747 (Definitions for ch 22)

(1)Section 747, definition declaration—
omit.

(2)Section 747, definition nominated person, paragraph (b)—
omit, insert—

(b)a person nominated in a statutory declaration made under section 755 as any of the following—

(i)the person believed to be driving the motor vehicle when the evasion offence happened;

(ii)the person to whom the motor vehicle was sold;

(iii)the person from whom the motor vehicle was purchased.

(3)Section 747, definition owner, paragraph (a)—
omit, insert—

(a)generally, means a person in whose name the motor vehicle is registered under a transport Act or corresponding law; or

38Amendment of s 754 (Offence for driver of motor vehicle to fail to stop motor vehicle)

Section 754, heading—
omit, insert—

754Evasion offence

39Amendment of s 755 (When evasion offence notice may be given to owner of motor vehicle involved in offence)

Section 755(2) to (6)—
omit, insert—

(2)The police officer may, by written notice (an evasion offence notice) given to the owner, require the owner to—

(a)make a statutory declaration complying with section 755A; and

(b)give the statutory declaration to either of the following officers within 14 business days after being given the notice—

(i)the police officer named in the notice;

(ii)the officer in charge of a stated police station or police establishment.

(3)The evasion offence notice must identify the motor vehicle involved in the evasion offence and state all of the following—

(a)when and where the offence was committed;

(b)the name and address of the person in whose name the motor vehicle was registered, when the offence was committed, under a transport Act or a corresponding law;

(c)that the owner must comply with the requirement within the 14 business days unless the owner has a reasonable excuse;

(d)the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756 to the owner in any proceeding for the offence;

(e)the nature of the information the owner must include in the statutory declaration;

(f)that, if the owner is a corporation, the statutory declaration must be signed by an executive officer of the corporation.

(4)If the owner is an individual, the police officer must—

(a)personally give the evasion offence notice to the owner; and

(b)when giving the evasion offence notice to the owner, explain to the owner—

(i)what the notice requires the owner to do; and

(ii)the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence.

(5)The owner must comply with the requirement to the extent it requires the owner to give a statutory declaration under subsection (2)(b) unless the owner has a reasonable excuse.

Maximum penalty—100 penalty units.

(6)A conviction of the owner for the offence against subsection (5) does not prevent the following—

(a)a proceeding for the evasion offence being started against the owner, including being started because of section 756;

(b)a punishment being imposed on the owner if convicted of the evasion offence.

(7)This section applies to a nominated person in the same way as it applies to an owner.

40Insertion of new s 755A

Chapter 22—
insert—

755AInformation to be stated in statutory declaration responding to evasion offence notice

(1)This section prescribes the information that must be included in a statutory declaration required, under an evasion offence notice, to be made by the owner of a motor vehicle involved in an evasion offence.

(2)The statutory declaration must state the name and address of the person the owner believes was driving the motor vehicle when the evasion offence happened.

(3)However, if the owner does not believe he or she knows who was driving the motor vehicle when the evasion offence happened, the statutory declaration must state all of the following information to the extent it is known by the owner—

(a)where the owner was when the evasion offence happened;

(b)the usual location of the vehicle when it is not being used;

(c)the name and address of each person (a potential driver) known by the owner to have access to drive the vehicle when the evasion offence happened;

(d)the way each potential driver has access to drive the vehicle;

Example—

A potential driver possesses a key for the vehicle and has access to where the vehicle is kept.

(e)how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle;

(f)whether each potential driver uses the vehicle in connection with a business or for private use;

(g)whether the vehicle was reported as stolen, or otherwise being used without consent, when the evasion offence happened;

(h)the nature of the inquiries made by the owner to find out who was driving the vehicle when the evasion offence happened.

(4)Despite subsections (2) and (3)—

(a)if the owner sold the motor vehicle before the evasion offence happened, the statutory declaration need only state—

(i)the name and address of the person to whom the vehicle was sold; and

(ii)when the vehicle was sold; or

(b)if the owner purchased the motor vehicle after the evasion offence happened, the statutory declaration need only state—

(i)the name and address of the person from whom the vehicle was purchased; and

(ii)when the vehicle was purchased; or

(c)if the owner believes the motor vehicle was stolen when the evasion offence happened, the statutory declaration need only state that belief.

(5)This section applies to a nominated person in the same way as it applies to an owner.

41Amendment of s 756 (Who may be prosecuted for evasion offence if no response to evasion offence notice)

(1)Section 756(1)(b), before ‘declaration’—
insert—

statutory

(2)Section 756(1)(b)—
insert—

Note—

Under section 755, a statutory declaration must comply with section 755A.

(3)Section 756(2), ‘the evasion offence to which the evasion offence notice relates’—
omit, insert—

the relevant evasion offence

(4)Section 756(4), ‘an evasion offence, started against a person’—
omit, insert—

the relevant evasion offence, started against the person

(5)Section 756—
insert—

(5)However, the person may not rely on evidence in the defence that is information the person was required to include in the statutory declaration under section 755A unless—

(a)the person gives the prosecuting authority a notice of the person’s intention to seek leave to rely on the evidence at least 21 business days before the day the hearing of the proceeding starts; and

(b)the court grants the person leave to rely on the evidence.

(6)The notice under subsection (5)(a) must—

(a)be in the approved form; and

(b)state the grounds on which the person intends to rely to seek leave; and

(c)be accompanied by a statutory declaration that includes the information the person was required to include in the statutory declaration under section 755A.

(7)The court may grant the person leave under subsection (5)(b) only if the court is satisfied—

(a)the person had a reasonable excuse for not giving the statutory declaration as required under section 755(2)(b); or

(b)the evidence came to the person’s knowledge more than 14 business days after the person was given the evasion offence notice; or

(c)the interests of justice require that the person be able to rely on the evidence.

(8)Subsection (9) applies if a statutory declaration, accompanying a notice given to the prosecuting authority under subsection (5)(a), includes information that enables the identification of another person as the actual offender.

(9)The period of limitation within which a proceeding for the relevant evasion offence may be started against the actual offender starts on the day the prosecuting authority receives the statutory declaration.

(10)Subsection (9) provides some other time limit for making complaint for the purposes of the Justices Act 1886, section 52.

(11)In this section—

prosecuting authority, for a proceeding, means the entity responsible for prosecuting the proceeding.

relevant evasion offence means the evasion offence to which the evasion offence notice relates.

42Amendment of s 757 (Evidentiary provision)

(1)Section 757(1)—
omit, insert—

(1)In a proceeding for an evasion offence, a certificate signed by the commissioner and stating any of the following matters is evidence of what it states—

(a)that a stated person was the owner of a stated motor vehicle on a stated day;

(b)that a stated police officer gave a stated person an evasion offence notice on a stated day;

(c)that a stated person gave a stated police officer a statutory declaration under section 755 on a stated day.

(2)Section 757(3), ‘gave a declaration’—
omit, insert—

made a statutory declaration under section 755

(3)Section 757—
insert—

(4)In a proceeding for an evasion offence, the defendant may not challenge a matter mentioned in subsection (1)(b) or (c) unless the defendant gives the entity responsible for prosecuting the proceeding written notice of intention to challenge the matter at least 10 business days before the day the hearing of the proceeding starts.

43Amendment of s 790 (Offence to assault or obstruct police officer)

Section 790(1)—
omit, insert—

(1)A person must not—

(a)assault a police officer in the performance of the officer’s duties; or

(b)obstruct a police officer in the performance of the officer’s duties.

Maximum penalty—

(a)if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or

(b)otherwise—40 penalty units or 6 months imprisonment.

44Insertion of new ch 24, pt 16

Chapter 24—
insert—

Part 16 Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2018

879Review relating to high-risk missing persons

(1)The CCC must, as soon as practicable after the end of 5 years after the insertion of chapter 7, part 3A, review the effectiveness of that part and give a report on the review under the Crime and Corruption Act 2001.

(2)The conduct of the review and the preparation of the report is taken to be a research function of the CCC for the Crime and Corruption Act 2001.

(3)In the course of preparing the report, the CCC must consult with the Minister.

(4)The CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.

880Evasion offence notices given before commencement

(1)This section applies if—

(a)before the commencement, a police officer gave the owner of a motor vehicle an evasion offence notice under former section 755; and

(b)the 4 business days within which the owner may give a declaration under former section 755 had not yet ended at the commencement.

(2)Despite the commencement of the amendment Act, the former provisions of this Act continue to apply in relation to the notice and the person to whom the notice was given.

(3)In this section—

amendment Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2018.

former provision, of this Act, means the provision as in force immediately before it was amended under the amendment Act.

45Amendment of sch 2 (Relevant offences for controlled operations and surveillance device warrants)

Schedule 2—
insert—

5ARacing Integrity Act 2016

An offence against the following provisions of the Racing Integrity Act 2016—

•section 221 (Unlawful bookmaking other than by racing bookmakers etc.)

•section 223 (Prohibition on opening, keeping, using or promoting an illegal betting place).

46Amendment of sch 5 (Additional controlled activity offences)

Schedule 5, after section 9—
insert—

9AARacing Integrity Act 2016

An offence against the Racing Integrity Act 2016, section 225 (Using an illegal betting place).

47Amendment of sch 6 (Dictionary)

(1)Schedule 6, definitions crime scene, primary crime scene, responsible officer and secondary crime scene—
omit.

(2)Schedule 6—
insert—

cannabis means Cannabis sativa.

commissioned officer, for chapter 7, part 3A, see section 179A.

crime scene see section 163B.

crime scene threshold offence, for chapter 7, part 3, see section 163A.

missing person, for chapter 7, part 3A, see section 179B.

missing person powers, for chapter 7, part 3A, see section 179A.

missing person scene, for chapter 7, part 3A, see section 179A.

missing person warrant, for chapter 7, part 3A, see section 179J(1).

residence, for chapter 7, part 3A, see section 179A.

responsible officer—

(a)for chapter 7, part 3—see section 165(1); or

(b)for chapter 7, part 3A—see section 179D.

(3)Schedule 6, definition minor drugs offence ‘Cannabis sativa’—
omit, insert—

cannabis

48Regulation amended

This part amends the Police Powers and Responsibilities Regulation 2012.

49Amendment of sch 9, s 7 (Crime scene warrant application)

(1)Schedule 9, section 7(d)(i) and (ii)—
omit, insert—

(i)an indictable offence, for which the maximum penalty is at least 4 years imprisonment, happened at the place; or

(ii)an offence involving deprivation of liberty happened at the place; or

(iii)there may be evidence at the place, of a significant probative value, of the commission of an offence mentioned in subparagraph (i) or (ii) that happened at another place;

(2)Schedule 9, section 7(g) to (i)—
omit, insert—

(g)if the crime scene is not where the relevant offence happened—when and where the relevant offence happened, if known;

(h)why it is necessary to protect the place to search for and gather evidence of the commission of the relevant offence;

(i)information about any proceeding started against a person for the relevant offence.

(3)Schedule 9, section 7—
insert—

(2)In this section—

relevant offence, for a crime scene, means the suspected offence for which the crime scene is, or is to be, established.

50Amendment of sch 9 (Responsibilities code)

Schedule 9—
insert—

Part 2A Powers and responsibilities relating to missing person scenes

11AWho is an authorised assistant for missing person powers

For the Act, schedule 6, definition authorised assistant, an assistant is authorised for the Act if—

(a)the assistant is not a police officer; and

(b)in the opinion of the responsible officer for a missing person scene, the assistant has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 179P(1) of the Act at the scene; and

Examples—

carpenter, electrician, locksmith, photographer

(c)the assistant is asked by the responsible officer or an investigating police officer to exercise the power at the missing person scene.

11BMissing person warrant application

An application for a missing person warrant under section 179J(1) of the Act must state the following—

(a)the applicant’s name, rank, registered number and station;

(b)a description of the place to which the application relates;

(c)for a missing person scene that is an occupied place—

(i)when the occupier was given notice of the application; or

(ii)if the occupier has not been given notice, why notice has not been given;

(d)information or evidence being relied on to satisfy the issuer of the missing person warrant of any of the following—

(i)the missing person is high-risk;

(ii)the place is a residence, place of employment or vehicle for the missing person;

(iii)the missing person may be at the place;

(iv)information that will assist in locating the missing person is likely to be found at the place;

(e)whether the application is to—

(i)establish a missing person scene; or

(ii)confirm a missing person scene established under section 179E of the Act;

(f)the name of the missing person for whom the missing person scene was, or is to be, established;

(g)why it is necessary to protect the place to search for and gather information about the disappearance of the missing person;

(h)information about any proceeding started against a person in relation to the disappearance for which the missing person scene was, or is to be, established.

11CMissing person warrant extension application

An application for the extension of a missing person warrant under section 179M(2) of the Act must be accompanied by a copy of the original warrant and state the following—

(a)the applicant’s name, rank, registered number and station;

(b)when and where the missing person scene was established;

(c)for a missing person scene that is an occupied place—

(i)when the occupier was given notice of the application; or

(ii)if the occupier has not been given notice, why notice has not been given;

(d)what investigations have been conducted at the missing person scene;

(e)why it is necessary to extend the warrant;

(f)information about any proceeding started against a person for the disappearance for which the missing person scene was established;

(g)the time for which the extension is sought.

51Amendment of sch 9 (Responsibilities code)

Schedule 9—
insert—

48AMissing person warrants—s 679(1)

The following details about a missing person warrant must be included in the register of enforcement acts—

(a)when and where the warrant was issued;

(b)the name of the missing person mentioned in the application for the warrant;

(c)the benefits derived from the warrant, including, for example, any of the following—

(i)if the missing person was found;

(ii)if information about the missing person’s disappearance was found;

(iii)anything seized during a search relating to the warrant;

(iv)any proceeding started because of a search relating to the warrant.

52Act amended

This part amends the Police Service Administration Act 1990.

53Amendment of s 4.10 (Delegation)

Section 4.10—
insert—

(4)Proof of a delegation by the commissioner under subsection (1) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

(5)The notice must be in the approved form.

54Amendment of s 10.12 (Legal proceedings)

Section 10.12(4)—
omit.

55Act amended

This part amends the State Penalties Enforcement Act 1999.

56Amendment of s 157 (Evidentiary provisions)

(1)Section 157—
insert—

(4A)Subsections (6) and (7) apply if there is a delegation by an administering authority or the registrar of a power to give a certificate under subsection (2) or (3).

(4B)Proof of the delegation is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

(4C)The notice must be in the approved form.

(2)Section 157(4A) to (5)—
renumber as section 157(5) to (8).

57Amendment of s 162 (Approval of forms by administering authority)

Section 162, from ‘use’—
omit, insert—

use under this Act as—

(a)infringement notices; or

(b)notices of intention to challenge a delegation under section 157(6).

58Act amended

This part amends the Transport Planning and Coordination Act 1994.

59Amendment of s 37 (Delegation by the Minister or the chief executive)

Section 37—
insert—

(3)Proof of a delegation by the chief executive under subsection (1) is not required in a proceeding under this Act or a relevant transport Act unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

(4)The notice must be in the form approved by the chief executive.

(5)In this section—

relevant transport Act means—

(a)the Heavy Vehicle National Law Act 2012; or

(b)the Motor Accident Insurance Act 1994; or

(c)the Tow Truck Act 1973; or

(d)the Transport Infrastructure Act 1994; or

(e)the Transport Operations (Marine Pollution) Act 1995; or

(f)the Transport Operations (Marine Safety) Act 1994; or

(g)the Transport Operations (Passenger Transport) Act 1994; or

(h)the Transport Operations (Road Use Management) Act 1995.

© State of Queensland 2018