Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Bill 2025

An Act to amend the Marine Rescue Queensland Act 2024, the Police Powers and Responsibilities Act 2000, the State Emergency Service Act 2024 and the Terrorism (Preventative Detention) Act 2005 for particular purposes

1Short title

This Act may be cited as the Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Act 2025.

2Commencement

Part 3 commences on a day to be fixed by proclamation.

3Act amended

This part amends the Marine Rescue Queensland Act 2024.

4Insertion of new s 28A

Part 4—
insert—

28AMRQ is charitable institution

MRQ is a charitable institution in relation to a gift, donation, bequest or legacy to MRQ under a trust instrument or other document.

5Act amended

This part amends the Police Powers and Responsibilities Act 2000.

6Amendment of s 30 (Prescribed circumstances for searching persons without warrant)

Section 30(1)(l), from ‘section 39E’ to ‘39FB’—
omit, insert—

section 39BA, 39E

7Amendment of ch 2, pt 3A, hdg (Jack’s Law—Use of hand held scanners without warrant in particular places)

Chapter 2, part 3A, heading, from ‘in’—
omit.

8Insertion of new s 39AA

Before section 39A—
insert—

39AA Purpose of part

The purpose of this part is to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.

9Amendment of s 39A (Definitions for part)

Section 39A, definition hand held scanner authority, ‘section 39C(6)’—
omit, insert—

section 39C(3)

10Insertion of new s 39BA

After section 39B—
insert—

39BA Use of hand held scanner without warrant in relevant places

(1)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on any of the following places (each a relevant place)—

(a)licensed premises;

(b)a public transport station;

(c)a public transport vehicle;

(d)retail premises;

(e)a safe night precinct;

(f)a shopping centre;

(g)a sporting or entertainment venue.

(2)If a police officer starts to exercise a power in relation to a person under subsection (1) while at, in or on a relevant place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the relevant place.

11Amendment of s 39C (Use of hand held scanner authorised by senior police officer)

(1)Section 39C, heading—
omit, insert—

39C Authorisation by senior police officer

(2)Section 39C(1), from ‘any of’—
omit, insert—

a public place, other than a relevant place under section 39BA(1).

(3)Section 39C(2), from ‘if—’—
omit, insert—

if the senior police officer considers the use of a hand held scanner at, in or on the public place is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.

(4)Section 39C(3) to (5)—
omit.

(5)Section 39C(6)—
renumber as section 39C(3).

12Amendment of s 39D (Form and effect of hand held scanner authority)

(1)Section 39D(1)(a), after ‘starts’—
insert—

and ends

(2)Section 39D(1)(b)—
omit, insert—

(b)the address, place name or description of the public place for which the authority is issued; and

(c)the reasons for which the authority is issued for the public place.

13Replacement of ss 39E–39FC

Sections 39E to 39FC—
omit, insert—

39EAuthorised use of hand held scanner without warrant in stated public places

(1)This section applies if a hand held scanner authority is in effect for a stated public place under section 39C.

(2)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on the stated public place.

(3)If a police officer starts to exercise a power in relation to a person under subsection (2) while at, in or on the stated public place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the stated place.

14Amendment of s 39G (Requirements if hand held scanner indicates metal)

(1)Section 39G(1)(a), ‘a hand held scanner authority’—
omit, insert—

section 39BA or 39E

(2)Section 39G(2), notes—
omit, insert—

Note—

See sections 29 and 30(1)(l) for the power to search a person without a warrant.

15Amendment of s 39H (Safeguards for exercise of powers)

(1)Section 39H(1), ‘a hand held scanner authority’—
omit, insert—

section 39BA or 39E

(2)Section 39H(4)(e)—
omit, insert—

(e)inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l).

Note—

See sections 29 and 30(1)(l) for the power to search a person without a warrant.

(3)Section 39H(6)—
omit.

16Omission of ss 39I and 39J

Sections 39I and 39J—
omit.

17Omission of s 39L (Expiry of particular provisions)

Section 39L—
omit.

18Amendment of s 808C (Annual report to include information about authorisation of hand held scanners)

(1)Section 808C, heading, ‘authorisation of’—
omit.

(2)Section 808C(1)(b)—
omit.

(3)Section 808C(1)(c)(i) to (iv), ‘the authorities’—
omit, insert—

section 39BA or 39E

(4)Section 808C(1)(c)—
renumber as section 808C(1)(b).

19Amendment of sch 6 (Dictionary)

Schedule 6, definition hand held scanner authority, ‘section 39C(6)’—
omit, insert—

section 39C(3)

20Act amended

This part amends the State Emergency Service Act 2024.

21Replacement of pt 6, hdg (Transitional provisions for Emergency Services Reform Amendment Act 2024)

Part 6, heading—
omit, insert—

Part 6 Transitional and validation provisions

Division 1 Transitional provisions for Emergency Services Reform Amendment Act 2024

22Amendment of s 50 (Definitions for part)

(1)Section 50, heading, ‘part’—
omit, insert—

division

(2)Section 50, ‘this part’—
omit, insert—

this division

23Insertion of new pt 6, div 2

Part 6—
insert—

Division 2 Validation provisions for Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Act 2025

58Validation provision for purported appointment of former SES member

(1)This section applies if, before the relevant commencement, a person (the appointee) was purportedly appointed as a member of the former SES under the Fire Services Act 1990, former section 132.

Note—

The Fire Services Act 1990 was previously titled the Fire and Emergency Services Act 1990.

(2)Without limiting subsection (1), this section applies if the purported appointment was made by a person purporting to perform the delegated function of the QFES commissioner under the Fire Services Act 1990, former section 132.

(3)The appointee is taken to have been validly appointed until—

(a)if the purported appointment had ended on a day before the relevant commencement—the end of that day; or

(b)if paragraph (a) does not apply—the relevant commencement.

(4)Anything done or omitted to be done by the appointee during the period of the purported appointment that would have been valid and lawful under the former Act had the appointee been validly appointed as a member of the former SES is taken to be, and always to have been, valid and lawful.

(5)In this section—

former, in relation to a provision, means the provision as in force from time to time before the relevant commencement.

former Act means the Fire Services Act 1990 as in force from time to time before the relevant commencement.

former SES means the State Emergency Service established under the Fire Services Act 1990, former section 129.

QFES commissioner means the commissioner appointed under the Fire Services Act 1990, former section 5.

relevant commencement means the commencement of section 51.

59Validation provision for purported appointment of particular SES members

(1)This section applies if a person (the appointee) was at any time purportedly appointed as a member of the SES under section 16 by a person purporting to perform the delegated function of the commissioner under that section.

(2)The appointee is taken to have been validly appointed.

(3)Anything done or omitted to be done by the appointee during the period of the purported appointment that would have been valid and lawful under this Act had the appointee been validly appointed as a member of the SES is taken to be, and always to have been, valid and lawful.

24Act amended

This part amends the Terrorism (Preventative Detention) Act 2005.

25Amendment of s 83 (Sunset provision)

(1)Section 83, heading—
omit, insert—

83Expiry

(2)Section 83(1), from ‘at’—
omit, insert—

on 16 December 2040.

© State of Queensland 2025