Police Powers and Responsibilities Regulation 2012
Police Powers and Responsibilities Regulation 2012
QueenslandPolice Powers and
Responsibilities Act 2000PolicePowersandResponsibilitiesRegulation2012Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this regulation that incorporatesall proposed
amendments to the regulation included in the Police PowersandResponsibilitiesandOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the regulation.The point-in-time date for this
indicative reprint is the introduction date forthe Police Powers
and Responsibilities and Other Legislation AmendmentBill
2018—12 June 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Police Powers and Responsibilities Regulation
2012Part 1 Preliminary[s 1]Police Powers and Responsibilities
Regulation2012Notauthorised—indicativeonlyPart
1Preliminary1Short
titleThisregulationmaybecitedasthePolicePowersandResponsibilities Regulation
2012.2DictionaryThedictionaryinschedule 10defineswordsusedinthisregulation.Part 2Forensic proceduresDivision 1QDNA
index3Application of pt 2FortheAct,schedule 6,definitionQDNAindexandsection 494(5), this part prescribes the
following—(a)types of QDNA indexes;(b)thetypeofinformationthatmaybeincludedineachindex.4QDNA indexesThe following
are the types of QDNA indexes—(a)the
crime scene index;(b)the missing persons index;(c)the serious offenders index;Current as at [Not applicable]Page
7
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Part 2 Forensic procedures[s 5](d)the suspects index;(e)the unknown deceased persons
index;(f)the volunteers (limited purpose)
index;(g)the volunteers (unlimited purpose)
index;(h)the statistical index.5Crime scene index(1)Thecrime scene indexis an index of
the results of a DNAanalysis of material obtained from a
person or thing at a crimesceneorotherplacethatis,ormaybe,evidenceofthecommission of an offence.(2)Thecrimesceneindexmayincludeinformationobtainedfrom
a declared agency of the results of a DNA analysis ofmaterial of a kind mentioned in subsection
(1).(3)In this section—crime
scenemeans—(a)anyplacewhereanoffencewascommittedorisreasonably suspected of having been
committed; or(b)anyplaceassociatedwith,orrelevantto,thecommission or suspected commission of
an offence.6Missing persons index(1)Themissing persons
indexis an index of the results of a DNAanalysis of material known to relate, or
that may relate, to amissing person.(2)The
missing persons index may include information obtainedfrom
a declared agency of the results of a DNA analysis ofmaterialknowntorelate,orthatmayrelate,toamissingperson.Page
8Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Part 2 Forensic procedures[s
7]7Serious offenders index(1)TheseriousoffendersindexisanindexoftheresultsofaDNAanalysisofaDNAsampletakenfromapersonoraprisoner —(a)under section 485 or 487 of the Act;
or(b)convictedofanindictableoffencethatisnotalreadyincluded because
of paragraph (a).(2)The serious offenders index may
include the results of a DNAanalysis of a
DNA sample relating to a person convicted of anindictableoffenceunderthelawoftheCommonwealthoranother State.8Suspects index(1)ThesuspectsindexisanindexoftheresultsofaDNAanalysis of a DNA sample taken, under a
forensic procedureorderorotherwise,fromapersonwhoischargedwithorsuspected of having committed an
indictable offence.(2)The suspect index may include the
results of a DNA analysisof a DNA sample taken from a person
who is charged with orsuspected of having committed an
offence against a law of theCommonwealth or
another State.9Unknown deceased persons index(1)Theunknowndeceasedpersonsindexisanindexoftheresults of a DNA analysis of a DNA
sample taken from anunknown deceased person.(2)Theunknowndeceasedpersonsindexmayincludeinformation
obtained from a declared agency of the results ofaDNAanalysisofaDNAsampletakenfromanunknowndeceased
person.Current as at [Not applicable]Page
9
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Part 2 Forensic procedures[s 10]10Volunteers (limited purpose)
index(1)Thevolunteers(limitedpurpose)indexisanindexoftheresultsofaDNAanalysisofaDNAsampletakenfromapersonunderaforensicprocedureconsent,oraconsentobtained before
2 February 2004—(a)thatlimitedthepurposesforwhichtheresultsoftheanalysis may be used; or(b)that is otherwise subject to a
limitation under the Act onthe purposes for
which the results of the analysis may beused; orNote
for paragraph (b)—Under section 479(2) of the Act, a DNA
sample taken from achild under 14 mayonlybe
usedfor the purposefor whichconsent to take the sample was given.(c)that is an index of the results of a
DNA analysis of asample that are not subject to a limitation
under the Actbut are to be used for a limited
purpose.(2)Thevolunteers(limitedpurpose)indexmayincludeinformation
obtained from a declared agency of the results ofa
DNA analysis of a DNA sample taken from a person under aconsent given under a law of the
Commonwealth or anotherState—(a)thatlimitedthepurposeforwhichtheresultoftheanalysis may be used; or(b)that is otherwise subject to a
limitation, under the lawunder which the consent was given, on
the purposes forwhich the results of the analysis may be
used.11Volunteers (unlimited purpose)
index(1)Thevolunteers
(unlimited purpose) indexis an index of theresultsofaDNAanalysisofaDNAsampletakenfromapersonunderaforensicprocedureconsent,oraconsentobtainedbefore2February2004,thatdidnotlimitthepurposes for which the results of the
analysis may be used.(2)The volunteers
(unlimited purpose) index may include—Page 10Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Part 2 Forensic procedures[s
12](a)the results of a DNA analysis of a
sample taken from aknown deceased person; or(b)informationobtainedfromadeclaredagencyoftheresults of a DNA
analysis of a DNA sample taken from apersonunderaconsentgivenunderalawoftheCommonwealth or another State—(i)that did not limit the purpose for
which the resultsof the analysis may be used; or(ii)that is not
otherwise subject to a limitation, underthe law under
which the consent was given, on thepurposes for
which the results of the analysis maybe used.12Statistical index(1)ThestatisticalindexisanindexoftheresultsofDNAanalyses from
which it is not possible to identify the person towhomtheresultsrelateandthatisusedonlytogatherstatistical
information.(2)The statistical index may include
information obtained from adeclared agency
of the results of DNA analyses from which itis not possible
to identify the person to whom the results relateand
that is used only to gather statistical information.Division 2Permissible
comparisons13Table of permissible comparisons—Act,
s 494(2)(1)For section 494(2) of the Act, the
prescribed table that permitscomparisonoftheresultsofaDNAanalysiswithanotherDNA
analysis using the ACC database is stated in schedule 1.(2)The results of a DNA analysis included
in an index mentionedin schedule 1, column 1 may be
compared with the results of aDNA analysis in
an index set out opposite that DNA analysisin another
column.(3)A comparison may be made whether or
not—Current as at [Not applicable]Page
11
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Part 3 Declared localities[s 14](a)a name stated in the table for a QDNA
index is identicalto the name of a declared agency’s index;
or(b)for a comparison with a declared
agency’s index—whatmay be included in a QDNA index under this
part differsfromwhatmaybeincludedinthedeclaredagency’sindex.(4)In schedule 1—ifwithinpurposemeansthepurposeforthecomparisonisconsistent with the purpose for which the
sample to which theresults relate was taken.14Exempt comparison—Act, s 494(4)For
section 494(4) of the Act, a comparison is exempt fromsection 494(2)oftheActifthecomparisonismadeusinginformation from—(a)QDNA
only; or(b)a database of a declared agency
without using the ACCdatabase.Part 3Declared localities15Declared localities—Act, s 604(4)Each
locality shown on the following maps is declared to be alocality for the definitiondeclared localityin section
604(4)of the Act—(a)Map
1—Mount Isa;(b)Map 2—Cairns;(c)Map
3—Townsville;(d)Map 4—Inner Brisbane;(e)Map 5—Logan;(f)Map
6—Rockhampton;Page 12Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Part 4 Directing traffic[s 16](g)Map 6A—Gracemere–Rockhampton;(h)Map 7—Caboolture.Note—The
map for a declared locality is available for inspection at
eachpolice station in the locality between 8a.m.
and 4p.m. Monday toFriday. All of the maps are available for
inspection at PoliceHeadquarters, 200 Roma Street,
Brisbane between 8a.m. and4p.m. Monday to Friday.16Prescribed particulars—Act, s
605(6)For section 605(6) of the Act, the following
particulars mustbe entered in the register—(a)thenameandaddressofthepersonreleasedundersection 605(1)
or (3) of the Act, if known;(b)the
person’s age and date of birth, if known;(c)where and when the person was initially
detained undersection 604 of the Act;(d)the
date of the person’s release;(e)if
the person was released at a place of safety—(i)the
place of safety; and(ii)the person
apparently in possession or in charge ofthe place of
safety.Part 4Directing
traffic17Directing vehicular and pedestrian
traffic(1)For section 59 of the Act, a police
officer may, by giving adirection or by signalling in a way
stated in schedule 7, givethe following directions—(a)to stop;(b)to
stop at the place indicated;Current as at
[Not applicable]Page 13
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Part 4A Impounding and immobilising motor
vehicles[s 18](c)to
move;(d)to proceed.(2)Without limiting subsection (1), a police
officer may give thedirection by displaying a sign.(3)A signal shown in schedule 7 may be
given by using a singletraffic wand to signal in a way that
is as near as practicable tothe
signal.(4)In this section—trafficwandmeansadevice,whetherornotilluminated,commonly known
as a traffic wand.18Directing animal trafficForsection 134(1)oftheAct,apoliceofficermay,bysignalling inaway
statedinschedule 7,givethefollowingdirections to a
person in charge of an animal—(a)to
stop, including to stop the animal;(b)to
stop at the place indicated;(c)to
move;(d)to proceed.Part 4AImpounding and immobilisingmotor vehiclesDivision 1Prescribed type 2 vehicle relatedoffences19Prescribed type 2 vehicle related
offence—Act, s69A(2)(e)—Road Use Management ActFor
section 69A(2)(e) of the Act, offences against the RoadUse
Management Act that are prescribed are offences againstany
of the following provisions of theTransport
OperationsPage 14Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Part 4A Impounding and immobilising motor
vehicles[s 19A](RoadUseManagement—VehicleStandardsandSafety)Regulation
2010—(a)section
5(1)(a)(i), (ii), (v) or (vi);(b)section 6(2);(c)section 10(1)(d);(d)section 11;(e)section 13(1).19APrescribed type 2 vehicle related
offence—Act, s69A(2)(e)—Heavy Vehicle National Law
(Queensland)(1)For section 69A(2)(e) of the Act,
offences against the HeavyVehicleNationalLaw(Queensland)thatareprescribedareoffences against any of the following
provisions of that Law—(a)section 60(1),
if the offence involves—(i)failingtofitavehiclewithequipment(requiredequipment)requiredforthevehicle in theheavyvehicle standards; or(ii)fitting a vehicle with required equipment
that doesnotcomplywiththerequirementsfortheequipment stated in the heavy vehicle
standards; or(iii)fitting a
vehicle with optional equipment that doesnotcomplywiththerequirementsfortheequipment stated in the heavy vehicle
standards; or(iv)failing to
comply with the stationary noise level fora vehicle stated
in the heavy vehicle standards;(b)section 85(2);(c)section 90(1) or (3), if the offence
involves an emissioncontrolsystemthatreducesnoiseemissionfromavehicle;(d)section 91(1) or (2), if the offence
involves an emissioncontrolsystemthatreducesnoiseemissionfromavehicle.Current as at
[Not applicable]Page 15
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Part 4A Impounding and immobilising motor
vehicles[s 20](2)In
this section—heavy vehicle standardssee the Heavy
Vehicle National Law(Queensland), section 5.Division 2Impounding and
immobilisingnotices20Application of div 2This division
prescribes other information for section 78(4)(c)of
the Act.20AImpounding noticesAn impounding
notice must state the following—(a)that,beforethemotorvehiclemayberecovered,theowner may be required to produce
satisfactory evidenceof the ownership of the motor
vehicle;(b)that, if the driver is an adult, the
driver will be requiredtopaythecostsofremovingorkeepingthemotorvehicle;(c)that, if the driver is a child and the
child is found guiltyoftheoffenceforwhichthemotorvehiclewasimpounded, the court may order the
child or the child’sparentorguardiantopaythecostsofremovingorkeeping the motor vehicle;(d)that, if the owner of a motor vehicle
fails to recover themotor vehicle after the period of
impounding ends andthe owner was the driver of the motor
vehicle when itwas impounded, the owner is liable to pay
the costs ofkeeping the motor vehicle for each day after
the periodof impounding ends, whether or not the
driver is foundguiltyoftheoffenceforwhichthemotorvehicleisimpounded;Page 16Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Part 4A Impounding and immobilising motor
vehicles[s 20B](e)that, if the owner of the motor vehicle
fails to recoverthe motor vehicle after the period of
impounding endsand the owner was not the driver of the
motor vehiclewhen it was impounded, the owner is liable
to pay thecosts of keeping the motor vehicle for each
day after theperiodofimpoundmentendsthatismorethan2business days after the owner is given
the impoundingnotice;(f)the
penalty for unlawfully removing the motor vehiclefrom
the place at which it is held;(g)the
definition offound guilty, of an offence,
under theAct.20BImpounding
notices for particular type 1 vehicle relatedoffences(1)Thissectionappliesifapoliceofficerimpoundsamotorvehicle under
section 74A(1) of the Act because of a type 1vehiclerelatedoffenceandtheofficerreasonablysuspectsthat,inadditiontotheinitiatingimpoundmentoffence,andwithin the relevant period—(a)the driver of the motor vehicle has
been charged withhaving committed a type 1 vehicle related
offence on 1previous occasion and the charge has not
been decided;or(b)thedriverofthemotorvehiclehaspreviouslybeenfoundguiltyofatype1vehiclerelatedoffencecommitted on 1
previous occasion.(2)Theimpoundingnoticemustalsostatethatifthemotorvehicleisimpoundeduntiltheendofproceedingsundersection 74A(2) of the Act—(a)the motor vehicle becomes the property
of the State ifthe driver of the motor vehicle—(i)has been found guilty of a type 1
vehicle relatedoffence committed on 1 previous occasion
withinthe relevant period; andCurrent as at
[Not applicable]Page 17
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Part 4A Impounding and immobilising motor
vehicles[s 20C](ii)isfoundguiltyofasecondorsubsequenttype1vehicle related offence; and(b)the motor vehicle is taken to be
forfeited to the State if acourtordersthatawarrantissueforthearrestofthedriverofthemotorvehicletobebroughtbeforethecourttobedealtwithaccordingtolawbecausethedriver has failed to appear before the court
in relation tothe charge for the initiating impoundment
offence.20CImpounding notices for particular type
2 vehicle relatedoffences(1)Thissectionappliesifapoliceofficerimpoundsamotorvehicle under
section 74E(1) of the Act because of a type 2vehiclerelatedoffenceandtheofficerreasonablysuspectsthat, in addition to the initiating
impoundment offence—(a)withintherelevantperiod,thedriverofthemotorvehicle has been
charged with having committed type 2vehicle related
offences on 3 previous occasions; and(b)for
each of the charges mentioned in paragraph (a)—(i)the
charge has not been decided; or(ii)the
driver has been found guilty.(2)Theimpoundingnoticemustalsostatethatifthemotorvehicleisimpoundeduntiltheendofproceedingsundersection 74E(2) of the Act—(a)the motor vehicle becomes the property
of the State ifthe driver of the motor vehicle—(i)has been found guilty of 3 type 2
vehicle relatedoffences committed within the relevant
period; and(ii)is found guilty
of the fourth or subsequent type 2vehicle related
offence; and(b)the motor vehicle is taken to be
forfeited to the State if acourtordersthatawarrantissueforthearrestofthedriverofthemotorvehicletobebroughtbeforethecourttobedealtwithaccordingtolawbecausethePage
18Current as at [Not applicable]
Police Powers and Responsibilities Regulation
2012Part 4A Impounding and immobilising motor
vehicles[s 20D]driver has
failed to appear before the court in relation tothe
charge for the initiating impoundment offence.Notauthorised—indicativeonly20DImmobilising noticesAn
immobilising notice must state the following—(a)that,beforethemotorvehiclemayberecovered,theowner may be required to produce
satisfactory evidenceof the ownership of the motor
vehicle;(b)if the motor vehicle is immobilised by
the removal andconfiscation of the vehicle’s number
plates—that beforethe motor vehicle’s number plates may be
returned, theperson entitled to possession of the number
plates mayberequiredtoproducesatisfactoryevidenceoftheirentitlement;(c)that, if the driver is an adult, the driver
will be requiredtopaythecostsofremovingorkeepingthemotorvehicle;(d)that, if the driver is a child and the
child is found guiltyoftheoffenceforwhichthemotorvehiclewasimmobilised, the court may order the
child or the child’sparentorguardiantopaythecostsofremovingorkeeping the motor vehicle;(e)the penalties for unlawfully operating
a motor vehicle—(i)during a number plate confiscation
period; or(ii)whenanimmobilisingdeviceisattachedtoamotor vehicle;(f)the
penalties for interfering with—(i)anumberplateconfiscationnoticeattachedtoamotor vehicle; or(ii)animmobilisingdeviceattachedtoamotorvehicle;(g)the definition offound
guilty, of an offence, under theAct.Current as at
[Not applicable]Page 19
Police
Powers and Responsibilities Regulation 2012Part 4B Sober safe
centres[s 20E]Part 4BSober safe centresNotauthorised—indicativeonly20EPrescribed safe
night precincts—Act, s 390AFor section 390A
of the Act, definitionprescribed safe nightprecinct, the following
safe night precincts are prescribed forthe Brisbane
sober safe centre—(a)Brisbane CBD safe night
precinct;(b)Fortitude Valley safe night
precinct;(c)Inner West Brisbane safe night
precinct.20FSober safe centres—Act, sch 6(1)ThecourtcellsattheBrisbaneMagistratesCourtcomplex(theBrisbane sober safe centre)
are prescribed as a place forschedule 6 of
the Act, definitionsober safe centre.(2)In this section—BrisbaneMagistratesCourtcomplexmeansthebuildinglocated at 363
George Street, Brisbane.courtcells,fortheBrisbaneMagistratesCourtcomplex,means the cells
located in the complex and used for detainingprisoners of the
Magistrates Court.Part 5Miscellaneous21Relevant law—Act, sch 6, definitionrelevant lawFortheAct,schedule
6,definitionrelevantlaw,eachActstated in schedule 2 is prescribed for
the Act, chapter 2, part1.22Prescribed
Act—Act, s 41(g)Each Act stated in schedule 3 is prescribed
for section 41(g)of the Act.Page 20Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Part 5 Miscellaneous[s 23]23Corresponding law—Act, sch 6,
definitioncorrespondinglawFortheAct,schedule 6,definitioncorrespondinglaw,eachAct stated in
schedule 4 is a corresponding law for the statedprovision of the Act.24Prescribed Acts restricting starting of
proceeding—Act, s799For section 799 of the Act, each Act
stated in schedule 5 is aprescribed Act.25Declared agency—Act, sch 6,
definitiondeclared agencyFortheAct,schedule
6,definitiondeclaredagency,eachentity stated in
schedule 6 is, subject to any stated restriction,a
declared agency.26Legal aid organisation—Act, sch 6,
definitionlegal aidorganisationFor the Act,
schedule 6, definitionlegal aid organisation,
theAboriginal and Torres Strait Islander Legal
Service (Qld) Ltd(ATSILS) is declared to be an organisation
that provides legalassistance to Aboriginal people and Torres
Strait Islanders.26AAuthorised persons under Major Event
Act 2014 declaredto be public officials—Act, sch 6,
definitionpublic official(1)For
schedule 6 of the Act, definitionpublic
official, paragraph(b), an
authorised person under theMajor Events Act
2014fora major event is declared to be a
public official for a majorevent organiser
of the major event.(2)In this section—majoreventorganiserseetheMajorEventsAct2014,section 8.Current as at
[Not applicable]Page 21
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Part 6 Repeal[s 27]27Relevant disease—Act, sch 6,
definitionrelevant diseaseEachcommunicablediseasementionedinschedule 8isprescribed for the Act, schedule 6,
definitionrelevant disease.28Responsibilities code—Act, sch 6,
definitionresponsibilities codeFor the Act,
schedule 6, definitionresponsibilitiescode,
thecodeofresponsibilitiesofpoliceofficersissetoutinschedule 9.Part 6Repeal29RepealThe Police
Powers and Responsibilities Regulation 2000, SLNo. 175 is
repealed.Page 22Current as at
[Not applicable]
Schedule 2Police Powers and
Responsibilities Regulation 2012Schedule 2Relevant lawNotauthorised—indicativeonlysection 21Collections Act
1966Drugs Misuse Act 1986Explosives Act
1999Heavy Vehicle National Law
(Queensland)Lotteries Act 1997Nature
Conservation Act 1992Property Occupations Act 2014Racing Act 2002Second-hand
Dealers and Pawnbrokers Act 2003Security
Providers Act 1993Tow Truck Act 1973Transport
Operations (Marine Safety) Act 1994Transport
Operations (Passenger Transport) Act 1994Transport
Operations (Road Use Management) Act 1995Weapons Act
1990, but only in relation to a place used for 1
ofthefollowingpurposesunderalicenceorotherauthorityunder that Act—(a)approved range;(b)approved shooting club;(c)armourer;(d)collector;(e)dealer;(f)security guard;(g)security organisation;(h)shooting gallery;Current as at
[Not applicable]Page 25
Police
Powers and Responsibilities Regulation 2012Schedule 2(i)theatrical ordnance supplier.Notauthorised—indicativeonlyPage 26Current as at
[Not applicable]
Notauthorised—indicativeonlySchedule 3Police Powers and
Responsibilities Regulation 2012Schedule 3Prescribed Acts—Act, section41(g)section 22Animal Care and Protection Act 2001Biosecurity Act 2014Casino Control
Act 1982Child Protection (Offender Reporting) Act
2004Classification of Computer Games and Images
Act 1995Classification of Films Act 1991Classification of Publications Act
1991Gaming Machine Act 1991Health Act
1937Heavy Vehicle National Law
(Queensland)Liquor Act 1992Nature
Conservation Act 1992Prostitution Act 1999Public Safety Preservation Act 1986Racing Act 2002Residential
Tenancies and Rooming Accommodation Act 2008Second-hand
Dealers and Pawnbrokers Act 2003Summary Offences
Act 2005Tobacco and Other Smoking Products Act
1998Transport Operations (Road Use Management)
Act 1995Weapons Act 1990Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 4Schedule 4Corresponding lawssection 23Part
1Corresponding laws for Act,chapter 11For the Act,
chapter 11, the corresponding laws are as follows—•Crimes (Controlled Operations) Act
2004(Vic)•Crimes (Controlled Operations) Act
2008(ACT)•Criminal Investigation (Covert Powers) Act
2012(WA), part 2•Law
Enforcement (Controlled Operations) Act 1997(NSW)•Police Powers (Controlled Operations)
Act 2006(Tas).Part 2Corresponding laws for Act,chapter 12For the Act,
chapter 12, the corresponding laws are as follows—•Crimes Act 1914(Cwlth), part
IAC•Crimes (Assumed Identities) Act
2004(Vic)•Crimes (Assumed Identities) Act 2009(ACT)•Criminal Investigation (Covert Operations)
Act 2009(SA) tothe extent that
it applies to assumed identities•Criminal Investigation (Covert Powers) Act
2012(WA), part 3•Law
Enforcement and National Security (Assumed Identities)Act
2010(NSW)•Police Powers (Assumed Identities) Act
2006(Tas).Page 28Current as at [Not applicable]
Notauthorised—indicativeonlyPart
3Police Powers and Responsibilities Regulation
2012Schedule 4Corresponding
laws for Act,chapter 13For the Act,
chapter 13, the corresponding laws are as follows—•Crimes (Surveillance Devices) Act
2010(ACT)•Police Powers (Surveillance Devices) Act
2006(Tas)•Surveillance Devices Act(NT)•Surveillance Devices Act 1999(Vic)•Surveillance Devices Act 2007(NSW).Part 4Corresponding laws for Act,section 722For section 722
of the Act, the corresponding laws are as follows—•Crimes Act 1900(ACT)•Crimes Act 1958(Vic)•Criminal Investigation
(Extra-territorial Offences) Act(NT)•CriminalInvestigation(ExtraterritorialOffences)Act1984(SA)•Criminal Investigation
(Extra-Territorial Offences) Act 1987(Tas)•CriminalInvestigation(Extra-territorialOffences)Act1987(WA)•LawEnforcement(PowersandResponsibilities)Act2002(NSW).Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 5Schedule 5Prescribed Acts—Act, section799section 24Adoption Act
2009Biosecurity Act 2014Classification
of Computer Games and Images Act 1995Classification
of Films Act 1991Classification of Publications Act
1991Corrective Services Act 2006Education (General Provisions) Act
2006Education (Queensland College of Teachers)
Act 2005Explosives Act 1999Gaming Machine
Act 1991Motor Accident Insurance Act 1994Public Trustee Act 1978Queensland
Building Services Authority Act 1991Queensland
Heritage Act 1992Soil Conservation Act 1986Page
30Current as at [Not applicable]
Schedule 6Police Powers and
Responsibilities Regulation 2012Schedule 6Declared agenciesNotauthorised—indicativeonlysection 251ApoliceforceorpoliceserviceofanotherStateortheCommonwealth.2The
following Commonwealth entities—(a)Australian Crime Commission;(b)Australian Securities and Investments
Commission;(c)Australian Taxation Office;(d)Australian Security Intelligence
Organisation;(e)Austrac;(f)immigration and border protection
department;(g)the unit of the Australian Defence
Force known as theSpecial AirService,butonlywhen
helpingthe policeservice reduce
the risk of serious injury to a person, andto the extent
disclosure of information under the Act isnecessary to
help reduce the risk.3The following
New South Wales entities—(a)New South Wales
Crime Commission;(b)Police Integrity Commission;(c)ICAC.4The
CCC5A Royal Commission or another
commission of inquiry, notalready mentioned in this schedule,
established under a law oftheCommonwealthoraStateforinquiringintoallegationsinvolving the
commission of serious indictable offences.6Interpol, but only—(a)forthetransmissionforcomparison,andthecomparison, of the results of a DNA
analysis with theresults of other DNA analyses; andCurrent as at [Not applicable]Page
31
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 6(b)for
the communication between the police service andthe
relevant agency of the results of the comparison andany
information about the results.7A
law enforcement agency of a foreign country, but only—(a)forthetransmissionforcomparison,andthecomparison, of the results of a DNA
analysis with theresults of other DNA analyses; and(b)for the communication between the
police service andthelawenforcementagencyoftheresultsofthecomparison and
any information about the results.Page 32Current as at [Not applicable]
Notauthorised—indicativeonlySchedule 7Police Powers and
Responsibilities Regulation 2012Schedule 7Traffic signalssections 17 and
181 Stop signal for person facing
signalFigure 1figure
1(a)from the frontfigure
1(b)from the rearfigure
1(c)from left sideCurrent as at
[Not applicable]Page 33
Police
Powers and Responsibilities Regulation 2012Schedule 7Notauthorised—indicativeonlyfigure 1(d)from right
sidefigure 1(e)combination from
front and rear2 Proceed signal for person facing
signalFigure 2figure
2(a)from left sidefigure
2(b)from right sidefigure
2(c)from right side3 Signal to stop
at place indicated for person facing signalFigure 3Page
34Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 73 Signal to stop
at place indicated for person facing signalfigure
3(a)in frontfigure
3(b)behindfigure
3(c)at kerb etc.Current as at
[Not applicable]Page 35
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 8Schedule 8Relevant diseasesChancroidChlamydiaDonovanosisGonorrhoeaHepatitis
BHepatitis CHepatitis
DHuman immunodeficiency virus (HIV)Lymphogranuloma venereumSyphilissection 27Page 36Current as at [Not applicable]
Schedule 9Police Powers and
Responsibilities Regulation 2012Schedule 9Responsibilities codeNotauthorised—indicativeonlysection 28Part 1Preliminary1Short
titleThis code may be cited as thePoliceResponsibilitiesCode2012.2Code
does not generally apply to covert operationsUnless this code
otherwise expressly provides, this code doesnot apply to
functions of a police officer performed as part ofa
covert operation.Part 2Powers and
responsibilitiesrelating to search warrants,obtaining documents, andcrime
scenesDivision 1Search
warrants3Search warrant application(1)An application for a search warrant
under section 150 of theAct must state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)a
description of the place to be searched;(c)for
an occupied place, the name of the occupier of theplace, if known;Current as at
[Not applicable]Page 37
Police
Powers and Responsibilities Regulation 2012Schedule 9Notauthorised—indicativeonly(d)theoffence,suspectedoffenceorconfiscationrelatedactivity to which the application
relates;(e)foraforfeitureproceeding—theActunderwhichtheproceeding may be started;(f)adescriptionofthenatureofthethingsoughtthatisreasonably suspected of being evidence
of—(i)the commission of the offence;
or(ii)the confiscation
related evidence in relation to theconfiscation
related activity;(g)informationorevidencebeingreliedontosupportareasonable suspicion that evidence of the
commission ofan offence or the confiscation related
evidence is—(i)at the place; or(ii)likely to be taken to the place within the
next 72hours;(h)for
each search warrant issued in the previous year inrelationtotheplaceorapersonsuspectedofbeinginvolved in the
commission of the offence or suspectedoffence, or the
confiscation related activity, to which theapplication
relates—(i)when and where the warrant was issued;
and(ii)the type of
offence or confiscation related activityto which the
warrant related; and(iii)whether anything
was seized under the warrant or aproceeding was
started after a search.(2)If authority to
exercise any of the following powers under thesearch warrant
is being sought, the application must state whyit is necessary
to exercise the power—(a)to search anyone
found at the place for anything soughtunder the
warrant that can be concealed on the person;(b)to
search anyone or anything in, on or about to board, orbe
put on, a transport vehicle;(c)to—Page 38Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(i)take
a vehicle to a place with appropriate facilitiesfor
searching the vehicle; and(ii)search the
vehicle for evidence of the commissionof an offence
that may be concealed in the vehicle.Examples for
subsection (2)—1The power to search anyone found at
the place may be necessarybecause the nature of the thing sought
may be concealed on aperson.2The
power to search anyone or anything in, on or about to board,
orbe put on, a transport vehicle may be
necessary because the offencerelates to a
transport vehicle and involves the safety of the vehicleor
anyone who may be in or on it.3The
power to take a vehicle to a place with appropriate facilities
forsearching the vehicle may be necessary
because the nature of thething sought may be concealed in a
vehicle or because the vehicleneeds to be
scientifically examined.(3)If the
application includes the authority to execute the warrantatnight,theapplicationmuststatewhyitisnecessarytoexecute the warrant at night.Example for subsection (3)—It
may be necessary to execute the warrant at night for an early
morningsearch to prevent the loss or destruction of
evidence, or because theoccupier is only at the place at
night.(4)If the application is for an order
requiring a stated person togive to a police
officer stated documents, the application muststate—(a)thenameorpositionofthepersontobeorderedtoproduce the documents; and(b)a description of the documents.Example for subsection (4)—An
order requiring a person to give stated types of documents to
apoliceofficermaybenecessarybecausetheplacecontainsmanydocuments
unrelated to the offence or forfeiture proceeding or becausethedocumentsarestoredelectronically,andaccessingtherelevantdocuments is
difficult.Current as at [Not applicable]Page
39
Police
Powers and Responsibilities Regulation 2012Schedule 9Division 2Post-search
approvalNotauthorised—indicativeonly4Post-search
approval applicationAnapplicationforapost-searchapprovalorderundersection 161(1) of the Act must state the
following—(a)theapplicant’sname,rank,registerednumberandstation;(b)theinformationorevidencereliedontosupportthereasonable suspicion—(i)inthecircumstancesexistingbeforethesearch,that the
commission of an offence was at or abouttheplace,orinthepossessionofapersonatorabout the place, and would have been
concealed ordestroyedunlesstheplacewasimmediatelyentered and
searched; or(ii)a part 2 offence
had been, was being, or may becommittedin,onorinrelationtoatransportvehicleandinvolvesthesafetyofthevehicleoranyone who may be in or on it;Note—For the
definition of apart 2 offence, see section
159 ofthe Act.(c)in
relation to the thing sought—(i)the
type of offence in relation to which the searchwas conducted;
or(ii)the Act under
which a forfeiture proceeding maybe
started;(d)thenatureofthethingsoughtthatwasreasonablysuspectedofbeingevidenceofthecommissionofanoffence;(e)the
time, date and place of the search;(f)a
description of anything seized because of the search;(g)the name, age and address of each
person detained orsearched, if known;Page 40Current as at [Not applicable]
Police Powers and Responsibilities Regulation
2012Schedule 9(h)informationaboutanyproceedingstartedagainstaperson, before or because of the search, for
an offence inrelation to which the search was
conducted;(i)ifanorderundertheAct,section
693or694foradeclarationofwhoistheownerorfortheretention,disposal,returnordestructionofanythingseizedissought, why the order should be
made.Notauthorised—indicativeonly5Appeal—Act, s 163(1)Thissectionappliesifapoliceofficerconsidersthecommissionershouldappealundersection 163oftheActagainst a
decision of a magistrate.(2)Thepoliceofficermustgivethecommissionerareportexplaining the
reasons for the appeal.(3)The report must
be accompanied by the following—(a)a
copy of the application for the post-search approval;(b)acopyofanytranscriptoftheproceedingfortheapplication;(c)an
affidavit—(i)identifyinganydocumentrelevanttotheappeal;and(ii)stating anything
else relevant to the appeal.Division 3Crime scenes6Who
is an authorised assistant for crime scene powersFortheAct,schedule 6,definitionauthorisedassistant,anassistant is
authorised for the Act if—(a)the assistant is
not a police officer; and(b)in the opinion
of the responsible officer at a crime scene,theassistanthasspecialisedknowledgeorskillsofakindnecessaryforexercisingapowermentionedinsection 176(1) of the Act at a crime
scene; andCurrent as at [Not applicable]Page
41
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9Examples for
paragraph (b)—•a doctor, pathologist or forensic
scientist•a photographer or fingerprint
expert•an electrician or carpenter•a person who can operate an excavator
or another machine(c)theassistantisaskedbytheresponsibleofficeroraninvestigating
police officer to exercise the power at thecrime
scene.7Crime scene warrant application(1)An application for a crime scene
warrant under section 170(1)of the Act must
state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)adescriptionoftheplacetowhichtheapplicationrelates;(c)for an occupied place, the name of the
occupier of theplace, if known, and—(i)whentheoccupierwasgivennoticeoftheapplication;
or(ii)iftheoccupierhasnotbeengivennotice,whynotice has not been given;(d)informationorevidencebeingreliedontoreasonablysatisfy the
issuer of the warrant that—(i)anindictableoffence,forwhichthemaximumpenalty is at
least 4 years imprisonment, happenedat the place;
or(ii)anoffenceinvolvingdeprivationoflibertyhappened at the
place; or(iii)there may be
evidence at the place, of a significantprobativevalue,ofthecommissionofanoffencementionedinsubparagraph(i)or(ii)thathappened at another place;(e)whether the application—Page
42Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(i)is
to establish a crime scene; or(ii)relatestoacrimesceneestablishedundersection 165 of the Act;(f)the
suspected offence to which the application relates;(g)ifthecrimesceneisnotwheretherelevantoffencehappened—whenandwheretherelevantoffencehappened, if known;(h)why
it is necessary to protect the place to search for andgatherevidenceofthecommissionoftherelevantoffence;(i)informationaboutanyproceedingstartedagainstaperson for the relevant offence.(2)In this section—relevantoffence,foracrimescene,meansthesuspectedoffence for
which the crime scene is, or is to be, established.8Crime scene warrant extension
applicationAnapplicationfortheextensionofacrimescenewarrantundersection 173(2)oftheActmustbeaccompaniedbyacopy of the original warrant and state
the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)when
and where the crime scene was established;(c)for
a crime scene that is an occupied place—(i)whentheoccupierwasgivennoticeoftheapplication;
or(ii)iftheoccupierhasnotbeengivennotice,whynotice has not been given;(d)whatinvestigationshavebeenconductedatthecrimescene;(e)why
it is necessary to extend the warrant;Current as at
[Not applicable]Page 43
Police
Powers and Responsibilities Regulation 2012Schedule 9(f)informationaboutanyproceedingstartedagainstapersonfortheoffenceforwhichthecrimescenewasestablished;(g)the
time for which the extension is sought.Notauthorised—indicativeonlyDivision 4Production
notices and accessorders9Production notice applicationAn
application for a production notice under section 180(2) ofthe
Act must state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)the
name of the cash dealer to be given the notice;(c)theoffence,suspectedoffenceorconfiscationrelatedactivitytowhichtheapplicationrelatesor,foraforfeitureproceeding,theActunderwhichtheproceeding may be started;(d)the nature of the documents
sought;Examples for paragraph (d)—•documents relating to transactions
conducted by B between31 December 1993 and 1 July
1995•documents relating to mortgages or
property sales to whichB is a party(e)informationorevidencebeingreliedontosupportareasonable suspicion documents held by the
cash dealermay be—(i)evidence of the commission of the offence;
or(ii)confiscationrelatedevidenceinrelationtotheconfiscation related activity;(f)the applicant suspects that someone
other than the cashdealercommittedtheoffenceorsuspectedoffenceorwas involved in the confiscation
related activity;Page 44Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(g)foreachproductionnoticeissuedwithinthepreviousyearinrelationtothepersonsuspectedofbeinginvolved in the
commission of the offence or suspectedoffence or the
confiscation related activity to which theapplication
relates—(i)when and where the notice was issued;
and(ii)the type of
offence or confiscation related activityto which the
notice related; and(iii)whetheranythingwasseizedoraproceedingstarted because
of the notice.10Access order application(1)An application for an access order
under section 185(1) of theAct must state
the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)thenameofthecashdealertowhomtheapplicationrelates;(c)the nature of the document sought
under the productionnotice to which the application
relates;(d)thecashdealerhasproducedadocumentitclaimscontains
privileged communications;(e)thepersonforwhomthecashdealerclaimsthedocument contains privileged communication,
if known;(f)thegroundsthecashdealerclaimsthedocumentcontains
privileged communication, if known;(g)whennoticeoftheapplicationwasgiventothecashdealer;(h)why access to the document is
necessary;(i)the type of order sought.(2)The application must be accompanied by
the following—(a)a copy of the application for the
production notice;(b)a copy of the production notice given
to the cash dealer;Current as at [Not applicable]Page
45
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(c)thesealedcontainerorenvelopecontainingthedocument to which the application
relates.Division 5Production
orders11Production order applicationAn
application for a production order under section 189(2) ofthe
Act must state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)the
name of the person to whom the application relates(thenamed
person);(c)the name of the
person to be given the production order;(d)the
confiscation offence or serious crime related activityto
which the application relates;(e)thenatureofthepropertytrackingdocumentsoughtunder the production order;(f)the information or evidence being
relied on to support areasonablesuspicionthenamedpersonpossessesadocumentthatmaybearelevantpropertytrackingdocument;(g)foreachproductionorderissuedwithinthepreviousyear in relation
to the named person—(i)when and where
the order was issued; and(ii)how long the
order was in force; and(iii)thetypeofconfiscationoffenceorseriouscrimerelated activity to which the order related;
and(iv)howtheorderhelpedintheinvestigationoranother investigation; and(v)information about any proceeding
started becauseof the use of the order.Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyPart
2APolice Powers and Responsibilities Regulation
2012Schedule 9Powers and
responsibilitiesrelating to missing personscenes11AWho
is an authorised assistant for missing personpowersFortheAct,schedule6,definitionauthorisedassistant,anassistant is authorised for the Act
if—(a)the assistant is not a police officer;
and(b)intheopinionoftheresponsibleofficerforamissingperson scene, the assistant has specialised
knowledge orskillsofakindnecessaryforexercisingapowermentionedinsection179P(1)oftheActatthescene;andExamples—carpenter,
electrician, locksmith, photographer(c)theassistantisaskedbytheresponsibleofficeroraninvestigating
police officer to exercise the power at themissing person
scene.11BMissing person warrant
applicationAnapplicationforamissingpersonwarrantundersection179J(1) of the
Act must state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)adescriptionoftheplacetowhichtheapplicationrelates;(c)for a missing person scene that is an
occupied place—(i)whentheoccupierwasgivennoticeoftheapplication;
or(ii)iftheoccupierhasnotbeengivennotice,whynotice has not been given;Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(d)informationorevidencebeingreliedontosatisfytheissuerofthemissingpersonwarrantofanyofthefollowing—(i)the
missing person is high-risk;(ii)theplaceisaresidence,placeofemploymentorvehicle for the missing person;(iii)the missing
person may be at the place;(iv)information that will assist in locating the
missingperson 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 undersection 179E of
the Act;(f)thenameofthemissingpersonforwhomthemissingperson scene
was, or is to be, established;(g)why
it is necessary to protect the place to search for andgatherinformationaboutthedisappearanceofthemissing person;(h)informationaboutanyproceedingstartedagainstapersoninrelationtothedisappearanceforwhichthemissing person scene was, or is to be,
established.11CMissing person warrant extension
applicationAn application for the extension of a
missing person warrantunder section 179M(2) of the Act must
be accompanied by acopy of the original warrant and state the
following—(a)theapplicant’sname,rank,registerednumberandstation;(b)whenandwherethemissingpersonscenewasestablished;(c)for
a missing person scene that is an occupied place—(i)whentheoccupierwasgivennoticeoftheapplication;
orPage 48Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(ii)iftheoccupierhasnotbeengivennotice,whynotice has not been given;(d)what investigations have been
conducted at the missingperson scene;(e)why
it is necessary to extend the warrant;(f)informationaboutanyproceedingstartedagainstapersonforthedisappearanceforwhichthemissingperson scene was
established;(g)the time for which the extension is
sought.Part 3Powers and
responsibilitiesrelating to gathering covertevidenceDivision 1Monitoring orders and suspensionorders—Act, chapter 8, parts 2 and312Monitoring order
or suspension order application(1)Subsection (2) applies to an application
for—(a)a monitoring order under section 199
of the Act; or(b)a suspension order under section 205
of the Act.(2)The application must state the
following—(a)theapplicant’sname,rank,registerednumberandstation;(b)thenameofthefinancialinstitutiontobegiventheorder;(c)the
named person to whom the application relates;(d)the
confiscation offence, serious crime related activityorseriouscrimederivedpropertytowhichtheapplication relates;Current as at
[Not applicable]Page 49
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(e)the
information or evidence being relied on to support areasonable suspicion that the named
person—(i)hascommitted,orisabouttocommit,theconfiscation offence; or(ii)was
involved in the commission, or is about to beinvolvedinthecommission,oftheconfiscationoffence;
or(iii)has benefited
directly or indirectly, or is about tobenefit directly
or indirectly, from the commissionof the
confiscation offence; or(iv)has been, or is
about to be, involved in the seriouscrime related
activity; or(v)hasacquireddirectlyorindirectly,orisabouttoacquiredirectlyorindirectly,theseriouscrimederived property;(f)thenameornamesinwhicheachrelevantaccountisbelieved to be held;(g)the type of information the
institution is to be requiredto give;(h)for each monitoring order or
suspension order issued inthe previous year in relation to an
account held with thefinancial institution by the named
person—(i)when and where the order was issued;
and(ii)how long the
order was in force; and(iii)thetypeofconfiscationoffence,seriouscrimerelated activity or serious crime derived
property towhich the order related; and(iv)howtheorderhelpedintheinvestigationoranother investigation; and(v)information about any proceeding
started becauseof the use of the order.Page 50Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 2Police Powers and
Responsibilities Regulation 2012Schedule 9Surveillance device warrantapplications and use of surveillancedevices13Applications to Supreme Court judge to be
made withhelp of lawyerAnapplicationundersection 328oftheActtoaSupremeCourtjudgeforasurveillancedevicewarrantmust,ifreasonablypracticable,bemadewiththehelpofalawyerapproved by the
commissioner.14Security of facilities used under a
surveillance devicewarrant(1)This
section applies to premises containing equipment beingused
by an interceptor to electronically record a conversationor
visual images under a surveillance device warrant.(2)The premises must—(a)be
capable of being locked; and(b)havesuitablefacilitiesforsecurelystoringrecordingsmade under the
warrant; and(c)be used in a way that prevents anyone
outside it fromhearingorseeinganythingbeinglistenedtoormonitored.(3)The
interceptor must take reasonable steps to ensure—(a)whenthepremisesareunattended,thepremisesarelocked and any recordings made under the
warrant aresecurely stored at the premises or another
secure place;and(b)only the
following enter the premises—(i)policeofficershelpingorinvolvedintheinvestigation;(ii)other interceptors;Current as at
[Not applicable]Page 51
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(iii)the
police officer who applied for the surveillancedevice
warrant;(iv)apersonresponsibleforthemanagementofthepremises;(v)apersonappointedbythecommissionertoinvestigate misconduct;(vi)anyotherpersontheinterceptorpermitstobepresentforhelpinginormonitoringtheinvestigation.(4)ThissectiondoesnotapplytotheexerciseofpowersinQueensland under a corresponding warrant or
correspondingemergency authorisation.(5)In
this section—interceptormeans a person
authorised by the commissioner tointerceptandrecordcommunicationsunderasurveillancedevice
warrant.Division 3Covert
search15Applications to be made with help of
lawyerAnapplicationundersection 212(1)oftheActforacovertsearch warrant
must, if reasonably practicable, be made withthe help of a
lawyer approved by the commissioner.16Covert search warrant applicationAnapplicationforacovertsearchwarrantundersection 212(1) of the Act must state the
following—(a)theapplicant’sname,rank,registerednumberandstation;(b)a
description of the place to be searched;(c)thetypeofdesignatedoffence,organisedcrimeorterrorism to which the application
relates;Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(d)for
an occupied place—the name of the occupier of theplaceandanypersonreasonablysuspectedofbeinginvolved in the
designated offence, organised crime orterrorism, if
known;(e)adescriptionofthenatureofthethingsoughtthatisreasonablysuspectedofbeingevidenceofthecommission of a
designated offence, organised crime orterrorism;(f)the
information or evidence being relied on to satisfy ajudge there are reasonable grounds for
believing there isevidence of the designated offence,
organised crime orterrorism at the place;(g)for
each warrant issued in the previous year in relationto
the place or person suspected of being involved in thedesignatedoffence,organisedcrimeorterrorismtowhich the application relates—(i)the type of warrant; and(ii)when and where
the warrant was issued; and(iii)for
a surveillance device warrant or covert searchwarrant, how
long the warrant was in force; and(iv)whether the warrant related to a person or a
place;and(v)the type of
designated offence, organised crime orterrorism to
which the warrant related; and(vi)anyevidenceseizedduringasearchcarriedoutunder the warrant; and(vii) how a previous covert search or
surveillance devicewarranthelpedinrelationtotheinvestigationrelated to the
previous covert search or surveillancedevice warrant;
and(viii) informationaboutanyproceedingstartedasaresult the
execution of the warrant.Current as at [Not applicable]Page
53
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 917Covert search warrant extension
applicationAnapplicationforanextensionofacovertsearchwarrantunder section
217(2) of the Act must state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)a
description of the place to be searched;(c)for
an occupied place—the name of the occupier of theplaceandanypersonreasonablysuspectedofbeinginvolved in the
offence, if known;(d)thetypeofdesignatedoffence,organisedcrimeorterrorism to which the warrant
relates;(e)adescriptionofthenatureofthethingsoughtthatisreasonablysuspectedofbeingevidenceofthecommission of a
designated offence, organised crime orterrorism;(f)informationorevidencebeingreliedontosatisfyajudge there are reasonable grounds for
believing there isevidenceofadesignatedoffence,organisedcrimeorterrorism at the place;(g)informationincludedintheapplicationforthecovertsearch warrant
about each warrant issued in the previousyear in relation
to the place or person suspected of beinginvolved in the
designated offence, organised crime orterrorism to
which the application relates.18Report on covert search warrantA
report made under section 220(2) must be accompanied bya
copy of the warrant and state the following—(a)thereportingpoliceofficer’sname,rank,registerednumber and
station;(b)the designated offence, organised
crime related offenceor terrorism to which the warrant
relates;(c)when the powers under the warrant were
exercised;Page 54Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(d)thefactsandcircumstancesofcompliancewiththewarrant and the conditions of its
issue;(e)particularsofanythingseized,inspectedorphotographed under the warrant;(f)a description of any order sought in
relation to anythingseized or photographed under the
warrant and the reasonfor the order.Examples of an
order for this section—1Anorderthatanythingseizedandanyphotographtakenberetainedforthepurposeoftheinvestigationofthedesignatedoffence,
organised crime or terrorism related offence or anotherserious indictable offence.2Anorderthatanythingseizedandanyphotographtakenberetained for the purpose of a
proceeding started under theCriminalProceeds Confiscation Act 2002relating to an offence arising outof
the investigation.3Anorderthatanythingseizedandanyphotographtakenberetainedforuseasevidenceintheprosecutionofthepersonsnamed in the
application.4Anorderthatathingseizedbedestroyedinawaythecommissioner considers appropriate.Part
4Powers and responsibilitiesrelating to arrest and custodypowers19DNA
sample order application—child—Act, s 488(2)An application
under section 488(2) of the Act for an order ofa Childrens
Court authorising a DNA sampler to take a DNAsamplefromachildforDNAanalysismuststatethefollowing—(a)theapplicant’sname,rank,registerednumberandstation;(b)the
name of the child;(c)that a stated indictable offence has
been committed;Current as at [Not applicable]Page
55
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(d)theinformationorevidencethatmaybereliedontosupport a
reasonable suspicion the child has committedthe indictable
offence;(e)that taking a DNA sample for DNA
analysis may tend toprove or disprove the child’s
involvement in the offence;(f)thatnoticeofthemakingoftheapplicationhasbeengiven under the
Act, section 488(3) and when the noticewas
given.20Disease test order applicationAn
application under section 540(2) of the Act for a diseasetest
order must state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)the
name of the person to whom the application relates(thenamed
person);(c)thatthepoliceofficerreasonablysuspectsthenamedperson has
committed a chapter 18 offence;Note—For
the definition ofchapter 18 offence, see section
538 of theAct.(d)that
taking a blood and urine sample may help find outwhetherthenamedpersonmayhavetransmittedarelevant disease to the victim of the
offence;(e)informationsupportingtheapplicationandindicatingsemen, blood,
saliva or another bodily fluid may havebeen transmitted
to another person during or soon afterthe commission
of the offence;(f)the named person has been advised of
the person’s righttohavealawyerpresentatthehearingoftheapplication;(g)ifthepersonisachild—noticeoftheapplicationhasbeen
given under the Act, section 541(2) and when thenotice was given.Page 56Current as at [Not applicable]
Part
5Police Powers and Responsibilities Regulation
2012Schedule 9Powers and
responsibilitiesrelating to investigations andquestioning for indictableoffencesNotauthorised—indicativeonlyDivision 1Questioning
relevant persons aboutindictable offences21Application of div 1This
division only applies to indictable offences.22Asking persons to attend for
questioning(1)Thissectionappliesifapoliceofficerwantstoquestionapersonasasuspect,otherthanapersonmentionedinsection 398 of the Act.(2)Ifthepoliceofficerapproachesthepersonwhennotatapolice station or police establishment, the
police officer mustcaution the person in a way substantially
complying with thefollowing—‘Iam(nameandrank)of(nameofpolicestationorpoliceestablishment).I wish to
question you about (briefly describe offence).Are you prepared
to come with me to (place of questioning)?Do you
understand that you are not under arrest and you donot
have to come with me?’.(3)Ifthepersonisnotinthecompanyofapoliceofficerandattendsapolicestationorpoliceestablishmentforquestioning,thecautionmustsubstantiallycomplywiththefollowing—‘Iam(nameandrank)of(nameofpolicestationorpoliceestablishment).I wish to
question you about (briefly describe offence).Current as at
[Not applicable]Page 57
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9Did you come
here of your own free will?’.(4)Beforethepoliceofficerstartstoquestiontheperson,thepolice officer must caution the person in a
way substantiallycomplying with the following—‘Do
you understand you are not under arrest?Do you
understand you are free to leave at any time unlessyou
are arrested?’.(5)If the police officer reasonably
suspects the person does notunderstandthecaution,theofficermayaskthepersontoexplain the meaning of the caution in
the person’s own words.(6)Ifnecessary,thepoliceofficermustfurtherexplainthecaution.23Right
to communicate with friend, relative or lawyer(1)If a
police officer is required to inform a relevant person of
thematters mentioned in section 418(1)(a) or
(b) of the Act, thepolice officer must inform the person in a
way substantiallycomplying with the following—‘You
have the right to telephone or speak to a friend or relativeto
inform that person where you are and to ask him or her tobe
present during questioning.You also have
the right to telephone or speak to a lawyer ofyour choice to
inform the lawyer where you are and to arrangeorattempttoarrangeforthelawyertobepresentduringquestioning.Ifyouwanttotelephoneorspeaktoanyofthesepeople,questioningwillbedelayedforareasonabletimeforthatpurpose.Is
there anyone you wish to telephone or speak to?’.(2)If the police officer reasonably
suspects the relevant persondoes not
understand the information, the police officer mayasktherelevantpersontoexplainthemeaningoftheinformation in the person’s own
words.Page 58Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(3)Ifnecessary,thepoliceofficermustfurtherexplaintheinformation.(4)If
the relevant person wants to speak to a lawyer, the policeofficer must, without unreasonable delay,
make available tothe person—(a)if
the police officer has available a list of lawyers for theregionandthepersonhasnotaskedtospeaktoaparticular lawyer—the list; or(b)a telephone directory for the
region.(5)A police officer must not do or say
anything with the intentionof—(a)dissuadingtherelevantpersonfromobtaininglegaladvice;
or(b)persuading a relevant person to
arrange for a particularlawyer to be present.24Right to remain silent not
affected(1)Thissectionappliesifaperson,theperson’slawyer,orsomeone whose presence is required
during questioning of aperson indicates to the police officer
questioning or intendingto question the person—(a)if questioning has not started—the
person does not wantto answer questions; or(b)if questioning has started—the person
does not want toanswer any further questions.(2)Thepoliceofficermustclarifytheperson’sintentiontoexercise the person’s right to silence
by asking the person—(a)whetherthepersondoesnotwanttoansweranyquestions generally or only questions about
the offencefor which the person is being questioned;
and(b)if any further question was asked
relating to the offenceoranotheroffence,whetherthepersonwouldnotanswer the question.Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(3)If
the person confirms the person does not want to answer anyquestions, the police officer must not
question or continue toquestion the person.(4)However,ifthepersonlaterindicatesthatthepersonispreparedtoanswerquestions,apoliceofficermust,beforequestioningorcontinuingtoquestiontheperson,asktheperson—(a)why
the person has decided to answer questions; and(b)if a
police officer or someone else in authority has toldthe
person to answer questions.25Questioning of
Aboriginal people and Torres StraitIslanders(1)A police officer who is about to
question a relevant person thepoliceofficerreasonablysuspectsisanadultAboriginalpersonorTorresStraitIslandermustfirstaskquestionsnecessarytoestablishtheperson’slevelofeducationandunderstanding.(2)Subsection (1)doesnotapplyifthepoliceofficeralreadyknows the
relevant person.(3)Thequestionsthepoliceofficermayaskincludequestions,not related to
the relevant person’s involvement in the offence,that
may help the police officer decide if the person—(a)iscapableofunderstandingthequestionsputtotheperson, what is
happening to the person and the person’srights at law;
and(b)is capable of effectively
communicating answers to thequestions;
and(c)is aware of the reason the questions
are being asked.(4)Ifthepoliceofficerconsidersitisnecessarytonotifyarepresentativeofalegalaidorganisationthattherelevantperson is about
to be questioned in relation to an offence, thepolice officer
must inform the relevant person of the intentiontonotifythelegalaidorganisation,inawaysubstantiallycomplying with
the following—Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9‘As you have not
arranged for a lawyer to be present, a legalaid organisation
will be notified you are here to be questionedabout your
involvement in an indictable offence.’.(5)If
the relevant person has indicated the person does not wishtotelephoneorspeaktoasupportpersonorarrangeforasupportpersontobepresentduringquestioning,thepoliceofficer
conducting the questioning must inform the relevantpersonthatthepersonmayhaveasupportpersonpresentduring the
questioning.(6)The information given under subsection
(5) must substantiallycomply with the following—‘Is
there any reason why you don’t want to telephone or speaktoasupportpersonandarrangeforapersontobepresentduring
questioning?Doyouunderstandthatarrangementscanbemadeforasupport person to be present during
the questioning?Do you also understand that you do not have
to have a supportperson present during questioning?Do
you want to have a support person present?’.(7)If
the police officer reasonably suspects the relevant person
isatadisadvantageincomparisonwithmembersoftheAustraliancommunitygenerally,andthepersonhasnotarrangedforasupportpersontobepresentduringthequestioning,thepoliceofficermustarrangeforasupportperson to be present.26Cautioning relevant persons about the right
to silence(1)Apoliceofficermustcautionarelevantpersonabouttheperson’s right to silence in a way
substantially complying withthe
following—‘Before I ask you any questions I must tell
you that you havethe right to remain silent.Thismeansyoudonothavetosayanything,answeranyquestion or make any statement unless
you wish to do so.Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9However, if you
do say something or make a statement, it maylater be used as
evidence.Do you understand?’.(2)If
the police officer reasonably suspects the relevant persondoes
not understand the caution, the police officer may ask theperson to explain the meaning of the caution
in the person’sown words.(3)Ifnecessary,thepoliceofficermustfurtherexplainthecaution.(4)If
questioning is suspended or delayed, the police officer mustensuretherelevantpersonisawarethepersonstillhastherighttoremainsilentand,ifnecessary,againcautiontheperson when questioning resumes.(5)If a police officer cautions a
relevant person in the absence ofsomeone else who
is to be present during the questioning, thecaution must be
repeated in the other person’s presence.27Provision of information relating to a
relevant person(1)If a person who is a relative, friend
or lawyer of a relevantpersonasksforinformationabouttherelevantperson’swhereabouts, the police officer receiving
the request must, ifthepersonaskingfortheinformationisnotknowntothepolice officer, ask the person—(a)if the person is a relative or friend
of the relevant personand their name and address; and(b)if the person is the relevant person’s
lawyer and if so, theperson’s place of business; and(c)if the person makes the request
personally—for proof ofidentity.(2)The
police officer may also ask any other question the policeofficerconsidersnecessarytoestablishthatthepersonisarelative, friend or lawyer of the
relevant person.(3)Also,thepoliceofficermustmakeorcausetobemadeacheckoftheregisterforinformationabouttherelevantperson.Page
62Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 928Right
to interpreter(1)Thissectionapplies,forsection 433oftheAct,toapoliceofficer
for—(a)forming a reasonable suspicion about
whether a relevantpersonisabletospeakwithreasonablefluencyinEnglish; and(b)arrangingforthepresenceofaninterpreterduringquestioning of a relevant person.(2)Thepoliceofficermayasktherelevantpersonquestions,other than a
question related to the person’s involvement inthe offence for
which the person is to be questioned, that willhelp the police
officer form the reasonable suspicion.(3)Inparticular,thepoliceofficermayaskquestionsthatmayhelpthepoliceofficerdecidewhetherornottherelevantperson—(a)is capable of understanding the
questions; and(b)is capable of understanding what is
happening; and(c)is capable of understanding the
person’s rights at law;and(d)is
capable of effectively communicating answers to thequestions; and(e)is
aware of the reason the questions are being asked.29Right of visiting foreign national to
communicate withembassy etc.(1)Thissectionapplies,forsection 434oftheAct,ifapoliceofficer
reasonably suspects a relevant person is not—(a)an
Australian citizen; or(b)a foreign
national with a right of residence in Australia.(2)FordecidingwhethertherelevantpersonisorisnotanAustraliancitizenoraforeignnationalwitharightofresidence in Australia the police officer
may ask the relevantperson questions, other than a
question related to the person’sCurrent as at
[Not applicable]Page 63
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9involvementintheoffenceforwhichthepersonistobequestioned.(3)If
the police officer reasonably suspects the person is not anAustraliancitizenoraforeignnationalwitharightofresidenceinAustraliathepoliceofficermustinformtherelevant person of the person’s rights
under section 434 of theAct in a way substantially complying
with the following—‘Before I ask you any questions I must tell
you that you havethe right to telephone, or attempt to
telephone, the embassy orconsular office of the country of
which you are a citizen.Do you want to telephone your embassy
or consular office?’.(4)If the police
officer reasonably suspects the relevant persondoes not
understand the information, the police officer mayask
the person to explain the information in the person’s ownwords.(5)Ifnecessary,thepoliceofficermustfurtherexplaintheinformation.30Rights of a person to be electronically
recorded(1)Ifitisnotreasonablypracticableforapoliceofficertoelectronicallyrecordthegivingtoarelevantpersonofinformation, including a caution, the
police officer must makeawrittenrecordofthegivingoftheinformationandtheperson’s response.(2)The
police officer must make the record as if section 437 oftheActappliedtothegivingoftheinformationandtheresponse.31Procedure for reading back a written
record—Act, s437(5)(1)Thissectionappliesifapoliceofficerisrequiredundersection 437(5) of the Act to give an
explanation to a relevantpersonoftheproceduretobefollowedtocomplywiththesection.Page 64Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(2)Thepoliceofficermustexplaintheprocedureinawaysubstantially
complying with the following—‘Some of the
questions I have asked you and your responseshave not been
electronically recorded.I have made a written record of the
unrecorded conversation.This is your copy of the record. I
will now read the writtenrecord aloud.Ifyouconsiderthereisanerrorintherecordorthereissomething left out of the record, you should
say so after I readthat part of the record aloud.You
will then be asked to say what the record should read.Do
you understand this is your opportunity to disagree withanything in the written record?Do
you understand this procedure?’.(3)If
the police officer reasonably suspects the relevant persondoesnotunderstandtheexplanation,thepoliceofficermayask the person to explain the
procedure in the person’s ownwords.(4)Ifnecessary,thepoliceofficermustfurtherexplaintheprocedure.Division 2Questioning detained persons32Removal order applicationAn
application under section 399(2) of the Act for a removalorder must state the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)the
name and age of the person to whom the applicationrelates;(c)the
location of the person or detention centre;Current as at
[Not applicable]Page 65
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(d)whether the person is in custody for an
offence that hasnotbeendecided,orundersentenceforatermofimprisonment or, for a child, under a
detention order;(e)the type of indictable offence to
which the questioningor investigation relates;(f)whether the removal of the person into
police custody isfor questioning the person or for a stated
investigativeprocedure;(g)whether the person has been advised of the
application;(h)informationorevidenceaboutthenatureandseriousness of the offence;(i)information or evidence that may be
relied on—(i)tosupportasuspicionthepersonhascommittedthe offence
mentioned in the application; and(ii)to
satisfy a magistrate removal of the person fromtheprisonordetentioncentreisnecessaryforquestioning the person or the investigation
of theoffence.33Detention period extension
application(1)Anapplicationundersection 405(1)oftheActfortheextension of a detention period must
be made in a way thatallowstherelevantpersonortheperson’slawyertomakesubmissions
about the application.Example for subsection (1)—If
the application is faxed to a magistrate, the relevant person
mayspeak to the magistrate by telephone.(2)Before the application is made, the
police officer must—(a)tell the
relevant person or the person’s lawyer that thepolice officer
intends to make the application; and(b)give
the relevant person or the person’s lawyer a copy ofthe
application; and(c)ask the person or the person’s lawyer
if the person—Page 66Current as at
[Not applicable]
Police Powers and Responsibilities Regulation
2012Schedule 9Notauthorised—indicativeonly(i)agreestotheproposedapplicationorwantstooppose it; and(ii)wants to make submissions or say anything to
thejustice or magistrate hearing the
application.(3)The application must state the
following—(a)theapplicant’sname,rank,registerednumberandstation;(b)the
following information about the person to whom theapplication relates—(i)the
person’s name, age and address;(ii)whetherthepersonisincustodyundertheCorrective Services Act 2006or
theYouth JusticeAct 1992for
an offence that has not been decidedor under a
sentence for a term of imprisonment or,for a child, a
detention order;(iii)whetherthepersonisanAboriginalperson,aTorresStraitIslander,achild,orapersonwithimpaired capacity;(iv)ifthepersonisachild—whetheraparentofthechild has been advised of the child’s
detention;(c)whether, since the questioning or
detention started, thepersonhasaskedtotelephoneorspeaktoarelative,friend, lawyer
or support person and has since spoken toa relative,
friend, lawyer or support person;(d)when
the detention period started, how long the personhasbeenquestioned,andwhatdelaystoquestioninghave
happened;(e)theoffencetowhichthequestioningorinvestigationrelatesandinformationandevidenceaboutthenatureand seriousness
of the offence;(f)informationorevidencesupportingareasonablesuspicion the
relevant person has committed the offencementioned in the
application;(g)what investigations have taken
place;Current as at [Not applicable]Page
67
Police
Powers and Responsibilities Regulation 2012Schedule 9(h)why further detention of the person is
necessary;(i)the time sought for time out, the
purpose of the time out,and the period of time sought for
questioning.(4)The applicant must tell the justice or
magistrate whether ornot the relevant person or the
person’s lawyer wants to makesubmissions or
say anything to the justice or magistrate.Notauthorised—indicativeonlyDivision 3Provisions about
support persons34Ensuring support persons understand
role(1)Beforeapoliceofficerquestionsarelevantpersoninthepresence of a
support person, the police officer must—(a)givethesupportpersoninformationintheapprovedformabouttheroleofsupportpersonsduringquestioning;
and(b)ensure, as far as practicable, that
the person understandsthe nature of the support person’s
role; and(c)ifthesupportpersonasks,giveanexplanationofanythingrelevanttotheperson’sroleasasupportperson;
and(d)inform the support person of the
identity of the relevantperson and why the person is being
questioned.(2)The information must include the
following—(a)a summary of sections 427, 428, 429
and 430 of the Act;(b)a statement that the support person
must act in the bestinterests of the relevant
person;(c)a statement that, unless the support
person is a lawyer,the support person must not provide legal
advice to therelevantpersonbutmayasktherelevantpersonquestions to ensure the relevant person
understands—(i)that the person may ask for a lawyer
to be presentduringquestioningoratanytimebeforequestioning
ends; andPage 68Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(ii)thatthepersonisnotobligedtosayanythingduring
questioning; and(iii)thatanythingtherelevantpersonsaysduringquestioningmaybeusedinevidenceinacourt;and(iv)what is said by
a police officer during questioning.Part 6Responsibilities relating topersons in custodyDivision 1General requirements foridentification
procedures35Management of witnesses during
identificationprocedure(1)The
way an identification procedure is conducted must allowonly
1 witness involved in the procedure to see or hear theprocedure at a time.(2)After taking part in the procedure, the
witness must, as far asreasonably practicable, be prevented
from speaking about theidentificationproceduretoanyotherwitnessuntiltheprocedure ends.(3)The
way a witness identifies a person during an identificationproceduremust,ifreasonablypracticable,beelectronicallyrecorded.(4)A police officer must not stop a
person being present duringthe procedure to
support the witness unless—(a)the
other person is a witness involved in the procedure;or(b)theofficersuspectsthepersonwillinfluencethewitness’s decision or disrupt the
procedure.Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(5)Ifapoliceofficerstopssomeonebeingpresentduringtheidentificationproceduretosupportawitness,thepoliceofficer
must—(a)givethewitnessthereasonsforstoppingthepersonbeing present;
and(b)advisethewitnessthatthewitnessmayarrangeforsomeone else to be present to support the
witness; and(c)if asked, allow someone else to be
present.Division 2Identification
parades36Application of div 2Thisdivisionappliesifapoliceofficerconductsanidentification parade that includes a
suspect.37Recording of identification
paradeIfreasonablypracticable,apoliceofficermustcausethebehaviourandpositionofeachpersoninanidentificationparadetobephotographedorotherwiseelectronicallyrecorded.38Explanation of procedure(1)Apoliceofficermustexplaintheprocedureforanidentificationparadetoasuspectbeforeconductingtheidentification parade.(2)If
the police officer reasonably suspects the suspect does notunderstandtheprocedure,thepoliceofficermustaskthesuspect to explain the procedure in
the suspect’s own words.(3)Ifnecessary,thepoliceofficermustfurtherexplaintheprocedure.(4)Theexplanationmustincludethepoliceofficertellingthesuspect the following—Page 70Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(a)the
identification parade can not be conducted unless thesuspect agrees;(b)the
suspect may have a friend, relative or lawyer presentattheidentificationparadeifthefriend,relativeorlawyer can attend within a reasonable
time;(c)anyone present may not interfere with
the procedure inany way;(d)thesuspectmaychooseapositionintheparadeandchangepositionintheparadeaftereachwitnesshasviewed the parade;(e)thesuspect’sidentitywillnotbegiventoawitnessunlessthewitnessidentifiesthesuspectandaproceeding is started against the
suspect.39Identification parade
conditionsA police officer conducting an
identification parade must, asfarasreasonablypracticable,replicatetheconditions,describedbythewitness,whenthewitnesssawapersoninvolved in the
offence, for example, by—(a)changing the
lighting in the room; or(b)varying the
distance from which the witness views theidentification
parade; or(c)concealing aspects of the
participants.40Conducting the identification
parade(1)Each witness must view the
identification parade separately.(2)The
police officer conducting the identification parade mustaskthewitnesstocarefullyviewtheparadeandtostatewhether the
witness recognises any participant.(3)The
police officer must ask the question in a way that does notsuggest the identity of any
participant.(4)Ifthewitnessindicatesthatthewitnessrecognisesaparticipant, the police officer must ask the
witness to clearlyidentify the participant recognised by, for
example—Current as at [Not applicable]Page
71
Police
Powers and Responsibilities Regulation 2012Schedule 9(a)stating the participant’s number;
or(b)describing the participant’s position
in the parade.Notauthorised—indicativeonly41Use of suitable
persons in the identification paradeAn
identification parade must include the suspect and at least11
other people of similar physical appearance and wearingsimilar clothing.Division 3Identification using photographs42General requirements for
identification usingphotographsTo avoid
directing the attention of the witness to a particularphotograph, the police officer must ensure
nothing is markedon—(a)any photograph;
or(b)the photo board.43Conducting a photo board
identification(1)A police officer showing witnesses a
photo board must showthe photo board to each witness
separately.(2)Also,thepoliceofficermustaskeachwitnesstocarefullyview the photo
board and state whether the witness recognisesanyone whose
photo is on the photo board.(3)The
police officer must ask the question in a way that does notsuggest the identity of a person whose
photograph is on thephoto board.(4)If a
witness indicates that the witness recognises a person in aphotoonthephotoboard,thepoliceofficermustaskthewitness to—(a)clearly state the number of the photograph
the witnesshas identified as being that of the person
alleged to beresponsible for committing the relevant
offence; andPage 72Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(b)writethephotographnumberandthedatethephotoboard was shown
to the witness—(i)onthefrontofanunmarkedphotocopyofthephoto board;
or(ii)onthebackofthephotoboardortheselectedphotograph; and(c)signthephotoboard,photocopyorphotographwherethe
person has written on it.Part 7Responsibilities
relating toenforcement registersDivision 1Register of enforcement acts44Searches of persons—Act, s
679(1)Thefollowinginformationaboutanenforcementactconsistingofasearchofapersonmustbeincludedintheregister of enforcement acts—(a)the name of the person, if
known;(b)when and where the person was
searched;(c)the purpose of the search;(d)whetherthesearchinvolvedtheremovalofouterclothingincircumstancesrequiringthesearchtobeconducted out of public view;(e)forasearchbecauseofareasonablesuspicion—howlong the person
was detained for the search;(f)a
description of anything seized because of the search;(g)information about the return,
destruction or disposal ofanything seized.Current as at
[Not applicable]Page 73
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 945Searches of vehicles—Act, s 679(1)Thefollowinginformationaboutanenforcementactconsistingofasearchofavehiclemustbeincludedintheregister of enforcement acts—(a)the name of the person in possession
of the vehicle andanyone detained, if known;(b)the registration number or a
description of the vehicle;(c)when
and where the search took place;(d)the
purpose of the search;(e)how long the
vehicle was detained for the search;(f)a
description of anything seized because of the search;(g)whether anything was damaged because
of the search;(h)information about the return,
destruction or disposal ofanything seized.46Searches of places other than vehicles—Act,
s 679(1)Thefollowinginformationaboutanenforcementactconsisting of a search of a place other than
a vehicle must beincluded in the register of enforcement
acts—(a)the name of the person in possession
of the place andanyone detained, if known;(b)when and where the search took
place;(c)the purpose of the search;(d)a description of anything seized
because of the search;(e)whether anything
was damaged because of the search;(f)information about the return, destruction or
disposal ofanything seized.47Arrests and detentions—Act, s 679(1)(1)Subsection (2) sets out the
information that must be recordedin the register
of enforcement acts for the following—Page 74Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(a)an
arrest;(b)thedetentionofapersonforinvestigationorquestioning;(c)thequestioningofapersonasasuspectabouttheperson’s involvement in the commission
of an indictableoffence.(2)The
following is the prescribed information—(a)the
name of the person, if known;(b)the
time the person was arrested or detained;(c)for
an arrest, where a person is held;(d)for
a person detained, each place to which the person istaken to or held for the investigation or
questioning, andwhen;(e)anysignificanteventaffectingthetimeforwhichquestioning was
suspended or delayed;Example of a significant event for
paragraph (e)—a time out period and the purpose of the
time out(f)any apparent injury the person
received during the arrestor detention.48Search warrants—Act, s 679(1)The
following details about a search warrant must be includedin
the register of enforcement acts—(a)when
and where the warrant was issued;(b)the
name of the person mentioned in the application forthesearchwarrantasthepersonsuspectedofbeinginvolved in the
offence, suspected offence, confiscationrelatedactivityordisorderlyactivitytowhichtheapplication relates, if known;(c)the type of offence or the
confiscation related activity towhich the
warrant related;Current as at [Not applicable]Page
75
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(d)if
the search warrant related to an existing or proposedforfeiture proceeding—the type of forfeiture
proceedingto which the warrant related;(e)ifthesearchwarrantrelatedtodisorderlyactivitiesatpremises—the type of disorderly activities
to which thewarrant related;(f)thebenefitsderivedfromthewarrant,including,forexample,anythingseizedduringthesearchandanyproceeding started after the
search.48AMissing person warrants—s
679(1)The following details about a missing person
warrant must beincluded in the register of enforcement
acts—(a)when and where the warrant was
issued;(b)thenameofthemissingpersonmentionedintheapplication for
the warrant;(c)thebenefitsderivedfromthewarrant,including,forexample, any of the following—(i)if the missing person was
found;(ii)ifinformationaboutthemissingperson’sdisappearance was found;(iii)anythingseizedduringasearchrelatingtothewarrant;(iv)anyproceedingstartedbecauseofasearchrelating to the
warrant.49Production notices—Act, s
679(1)The following information about a production
notice must beincluded in the register of enforcement
acts—(a)when and where the production notice
was issued;(b)the name of the person mentioned in
the application forthe production notice as the person
suspected of beinginvolvedintheoffence,suspectedoffenceorPage
76Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9confiscationrelatedactivitytowhichtheapplicationrelates, if
known;(c)the type of offence or the
confiscation related activity towhich the
production notice related;(d)iftheproductionnoticerelatedtoanexistingorproposedforfeitureproceeding—thetypeofforfeitureproceeding to
which the production notice related;(e)thebenefitsderivedfromtheproductionnotice,including, for example, any document
produced underthe notice and any proceeding started and
related to thedocument produced;(f)information about the return of any document
producedunder the notice.50Production orders—Act, s 679(1)The
following information about a production order must beincluded in the register of enforcement
acts—(a)when and where the order was
issued;(b)the name of the person mentioned in
the application forthe production order as the person who was
found guiltyoftheconfiscationoffence,issuspectedofhavingcommittedtheconfiscationoffenceorissuspectedofhaving engaged in the serious crime
related activity towhich the application relates, if
known;(c)the type of confiscation offence or
serious crime relatedactivity to which the production order
related;(d)thebenefitsderivedfromtheproductionorder,including, for example, any document
produced underthe order and any proceeding started and
related to thedocument produced;(e)information about the return of any document
producedunder the order.Current as at
[Not applicable]Page 77
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 951Things seized other than during a
search—Act, s 679(1)Thefollowinginformationaboutathingseizedotherthanduringasearchmustbeincludedintheregisterofenforcement acts—(a)the
name of the person from whom the thing was seized,if
known;(b)when and where the thing was
seized;(c)the reason the thing was
seized;(d)a description of the thing
seized;(e)information about the return,
destruction or disposal ofthe thing.52Directions given—Act, s 679(1)The
following information about a direction given to a personunder section 48 of the Act must be included
in the register ofenforcement acts—(a)when
the direction was given;(b)the location of
the person when given the direction;(c)the
name of the person given the direction, if known;(d)the reason the direction was
given;(e)the apparent demographic category of
the person.52ATaking identifying particulars for
official warning forconsorting—Act, s 679(1)Thefollowinginformationabouttakingorphotographingidentifying
particulars of a person under section 41A of theAct
must be included in the register of enforcement acts—(a)thenameofthepersoninrelationtowhomtheidentifying particulars were taken or
photographed;(b)thereasontheidentifyingparticularsweretakenorphotographed;Page 78Current as at [Not applicable]
Police Powers and Responsibilities Regulation
2012Schedule 9(c)whentheidentifyingparticularsweretakenorphotographed;(d)when
the identifying particulars were destroyed;(e)thenameofthejusticeinwhosepresencetheidentifying particulars were
destroyed;(f)the apparent demographic category of
the person.Notauthorised—indicativeonly52BOfficial warnings for consorting—Act,
s 679(1)Thefollowinginformationaboutanofficialwarningforconsorting given under section 53BAC
of the Act to a personmust be included in the register of
enforcement acts—(a)the name of the person given the
warning;(b)the reason the warning was
given;(c)when the warning was given;(d)the location of the person when given
the warning;(e)whenandhowthepoliceofficergavethepersontheapproved form confirming the official
warning;(f)whetherthegivingoftheofficialwarningledtotheperson committing an offence against section
790 or 791of the Act;(g)whether the person was required to leave a
place undersection 53BAE of the Act;(h)the apparent demographic category of
the person.52CPowers for public safety orders—Act, s
679(1)Thefollowinginformationabouttheexerciseofapowerunder thePeace and Good Behaviour Act 1982,
section 31(2)in relation to a person for whom a public
safety order has beenmade must be included in the register
of enforcement acts—(a)the name of the
person;(b)when the public safety order for the
person was made;(c)when the power was exercised;Current as at [Not applicable]Page
79
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 9(d)the
reason the power was exercised;(e)thelocationofthepersonwhenthepowerwasexercised;(f)whethertheexerciseofthepowerledtothepersoncommitting an offence against section 790 or
791 of theAct;(g)the
apparent demographic category of the person.52DPowers for restricted premises orders—Act, s
679(1)Thefollowinginformationabouttheexerciseofapowerunder thePeace and Good Behaviour Act 1982,
section 49 inrelation to restricted premises must be
included in the registerof enforcement acts—(a)when and where the restricted premises
order was made;(b)when the restricted premises were
entered;(c)the time spent at the restricted
premises;(d)whethertheexerciseofthepowerledtoapersoncommitting an offence against section 790 or
791 of theAct;(e)if
paragraph (d) applies—the name of the person and thenature of the offence.52EPowers for fortification removal orders—Act,
s 679(1)Thefollowinginformationabouttheexerciseofapowerunder thePeace and Good Behaviour Act 1982,
section 65(2)inrelationtofortifiedpremisesmustbeincludedintheregister of enforcement acts—(a)whenandwherethefortificationremovalorderwasmade;(b)when
the fortified premises were entered;(c)the
time spent at the fortified premises;Page 80Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(d)whethertheexerciseofthepowerledtoapersoncommitting an offence against section 790 or
791 of theAct;(e)if
paragraph (d) applies—the name of the person and thenature of the offence.52FTaking of prohibited items from restricted
premises orfortifications from fortified premises—Act,
s 679(1)(1)The following information about a
prohibited item taken fromrestricted premises under thePeace and Good Behaviour Act1982,section49(athing)orafortificationtakenfromfortified
premises under thePeace and Good Behaviour Act1982, section 65
(also athing) must be
included in the registerof enforcement acts—(a)the name of the person from whom the
thing was taken,if known;(b)when
and where the thing was taken;(c)the
reason the thing was taken;(d)a
description of the thing taken;(e)information about the return, destruction or
disposal ofthe thing.(2)In
this section—take, a
fortification from fortified premises, means remove ormodify the fortification.52GStop and desist notices—Act, s
679(1)Thefollowinginformationaboutastopanddesistnoticegiven to a person in relation to premises
must be included inthe register of enforcement acts—(a)the name of the person given the
notice;(b)the reason the notice was
given;(c)when the notice was given.Current as at [Not applicable]Page
81
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 953Exclusions of support persons from
questioning—Act, s679(1)The following
information about a support person excludedfrom questioning
under the Act, chapter 15, part 3, division 5must be included
in the register of enforcement acts—(a)the
person’s name;(b)when and why the person was
excluded;(c)whether an electronic record was made
of the reason forthe exclusion and if not, why not;(d)ifquestioningresumedaftertheperson’sexclusion—when questioning
resumed;(e)ifanothersupportpersonwaspresentduringquestioningwhenquestioningresumed—thatperson’sname.Division 2Register of covert acts54Monitoring orders and suspension orders—Act,
s 666(3)(1)Thefollowinginformationaboutanapplicationforamonitoring order or suspension order
must be recorded in theregister of covert acts—(a)when and where the application for the
order was made;(b)thenameofthefinancialinstitutionmentionedintheapplication;(c)thenameofthepersoninrelationtowhomtheapplication was made;(d)whether or not the order was issued.(2)If the order was issued, the following
information about theorder must also be included in the
register—(a)thetypeofinformationthefinancialinstitutionwasrequired to give under the order;(b)how long the order was in
force;Page 82Current as at
[Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9(c)thebenefitsderivedfromtheorder,including,forexample—(i)any
proceeding started; and(ii)a brief
description of how the order helped in—(A)theinvestigationofthesuspectedconfiscation
offence or serious crime relatedactivity;
or(B)identifying,locatingorquantifyingthesuspected serious crime derived property
inrelation to which the order was
issued.Part 8Responsibilities
relating todealing with things in thepossession of police service55Receipt for seized propertyA
receipt given under section 622 of the Act for a thing
seizedmust include the following—(a)the date and time the thing was
seized;(b)if the thing was taken from a
person—the name, addressand telephone contact number of the
person, if known;(c)ifthethingwastakenfromanoccupiedplace—thename,addressandtelephonecontactnumberoftheoccupier of the place, if
known;(d)a description of the thing
seized;(e)the name, rank, station and telephone
contact number ofthe police officer who seized the
thing;(f)where the thing will be taken, if
known;(g)the date the receipt is issued.Current as at [Not applicable]Page
83
Notauthorised—indicativeonlyPolice Powers and Responsibilities
Regulation 2012Schedule 956Functions of property officer(1)A property officer has the following
functions in relation tothings seized under the Act—(a)to receive a thing seized by a police
officer under theAct;(b)to
keep records of a thing received at the property pointor
by the property officer, including—(i)the
date the thing was received; and(ii)the
particulars of the police officer who seized thething; and(iii)a
description of the thing seized; and(iv)ifitisremovedfromthepropertyofficer’scustody—whenandwhyitleftthepropertyofficer’s
custody and when it was returned;(c)toensurethesafeandsecurestorageatthepropertypoint of the thing seized;(d)if appropriate, to transfer or arrange
the transfer of thething seized to—(i)anotherpropertypointforitssafeandsecurestorage;
or(ii)another place
for destruction or disposal; or(iii)a
declared agency;(e)if required under the Act or any other
Act—to destroy ordisposeofthethingseizedinthewaydecidedbythecommissioner;(f)ifthethingismoneyotherthanmoneythatmustberetainedsoitcanbeusedasanexhibitinacourt—depositing the
money in a financial institution accountoperated by the
police service.(2)Also,assoonasreasonablypracticableafterthepropertyofficerreceivesaseizedthing,thepropertyofficermustensure the thing
is capable of being easily identified.Page 84Current as at [Not applicable]
Notauthorised—indicativeonlyPolice Powers and Responsibilities Regulation
2012Schedule 9Example for
subsection (2)—The thing may have attached to it a label or
tag with a number or otheridentifier identical to the number or
identifier the property officer hasassigned to the
thing in the record.57Order after property seizedAnapplicationundersection 694or695oftheActforanorder relating to a seized thing must state
the following—(a)theapplicant’sname,rank,registerednumberandstation;(b)a
description of the thing;(c)the
circumstances of the seizure, including, for example,if
the thing was seized under a search warrant;(d)relevantinformationaboutthething,including,forexample, the following—(i)the
nature of any interest a person has in the thing;(ii)the approximate
value of the thing;(iii)whether the
thing may be needed as evidence in aproceedingandthetypeofoffenceorforfeitureproceeding for
which it may be evidence;(e)the order
sought;(f)the reasons for seeking the
order.Current as at [Not applicable]Page
85
Police
Powers and Responsibilities Regulation 2012Schedule 10Schedule 10DictionaryNotauthorised—indicativeonlysection 2Page 86AustracmeanstheAustralianTransactionReportsandAnalysis Centre under theFinancial Transaction Reports Act1988(Cwlth).Brisbane CBD safe night precinctmeans the area prescribedby
regulation under theLiquor Act 1992as the Brisbane
CBDsafe night precinct.Brisbane sober
safe centresee section 20F(1).crime scene
indexsee section 5.FortitudeValleysafenightprecinctmeanstheareaprescribedbyregulationundertheLiquorAct1992astheFortitude Valley safe night
precinct.ICACmeanstheIndependentCommissionAgainstCorruptionundertheIndependentCommissionAgainstCorruption Act 1988(NSW).immigrationandborderprotectiondepartmentmeansaCommonwealthdepartmentinwhichanyofthefollowinglaws
is administered—(a)Australian Border Force Act
2015(Cwlth);(b)CustomsAct1901(Cwlth), other
than parts XVB andXVC;(c)Migration Act 1958(Cwlth).InnerWestBrisbanesafenightprecinctmeanstheareaprescribedbyregulationundertheLiquorAct1992astheInner West Brisbane safe night
precinct.missing persons indexsee section
6.New South Wales Crime Commissionmeans the New SouthWales Crime
Commission under theCrime Commission Act2012(NSW).Current as at [Not applicable]