{"id":"qld:act-2000-005","name":"Police Powers and Responsibilities Act 2000","slug":"police-powers-and-responsibilities-act-2000","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29856,"registerId":"qld-act-2000-005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Police Powers and Responsibilities Act 2000 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than sections 379 , 373 , 374 , 375 , 376 and 377 and schedules 2 and 3 , commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first.\nSections 373 , 374 , 375 , 376 and 377 and schedule 2 commence on the date of assent.\nSection 379 and schedule 3 commence on a day to be fixed by proclamation.\ns 2 amd 2000 No. 22 s 4\n(sec.2-ssec.1) This Act, other than sections 379 , 373 , 374 , 375 , 376 and 377 and schedules 2 and 3 , commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first.\n(sec.2-ssec.2) Sections 373 , 374 , 375 , 376 and 377 and schedule 2 commence on the date of assent.\n(sec.2-ssec.3) Section 379 and schedule 3 commence on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 6 defines words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Notes in text","content":"### sec.4 Notes in text\n\nA note in the text of this Act is part of this Act.\ns 4 ins 2003 No. 49 s 4","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Purposes of Act","content":"### sec.5 Purposes of Act\n\nThe purposes of this Act are as follows—\nto consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law;\nto provide powers necessary for effective modern policing and law enforcement;\nto provide consistency in the nature and extent of the powers and responsibilities of police officers;\nto standardise the way the powers and responsibilities of police officers are to be exercised;\nto ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act;\nto enable the public to better understand the nature and extent of the powers and responsibilities of police officers;\nto provide for the forced muster of stray stock.\ns 5 amd 2014 No. 13 s 20\n- (a) to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law;\n- (b) to provide powers necessary for effective modern policing and law enforcement;\n- (c) to provide consistency in the nature and extent of the powers and responsibilities of police officers;\n- (d) to standardise the way the powers and responsibilities of police officers are to be exercised;\n- (e) to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act;\n- (f) to enable the public to better understand the nature and extent of the powers and responsibilities of police officers;\n- (g) to provide for the forced muster of stray stock.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Act binds all persons","content":"### sec.6 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.\ns 6 ins 2005 No. 45 s 4\n(sec.6-ssec.1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.6-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Compliance with Act by police officers","content":"### sec.7 Compliance with Act by police officers\n\nIt is Parliament’s intention that police officers should comply with this Act in exercising powers and performing responsibilities under it.\nFor ensuring compliance with Parliament’s intention, a police officer who contravenes this Act may be dealt with as provided by law.\nA minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling.\nA contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990 .\nA contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001 .\nA contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code , section 355 .\ns 7 amd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 32 s 32 sch 1\n(sec.7-ssec.1) It is Parliament’s intention that police officers should comply with this Act in exercising powers and performing responsibilities under it.\n(sec.7-ssec.2) For ensuring compliance with Parliament’s intention, a police officer who contravenes this Act may be dealt with as provided by law. A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling. A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990 . A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001 . A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code , section 355 .\n- 1 A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling.\n- 2 A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990 .\n- 3 A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001 .\n- 4 A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code , section 355 .","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"Act does not affect certain principles","content":"### sec.8 Act does not affect certain principles\n\nThis Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion.\nAlso, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders.\n(sec.8-ssec.1) This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion.\n(sec.8-ssec.2) Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders.","sortOrder":8},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Effect of Act on other laws","content":"# Effect of Act on other laws","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act does not affect constable’s common law powers etc.","content":"### sec.9 Act does not affect constable’s common law powers etc.\n\nUnless this Act otherwise provides, this Act does not affect—\nthe powers, obligations and liabilities a constable has at common law; or\nthe powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property.\n- (a) the powers, obligations and liabilities a constable has at common law; or\n- (b) the powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Act does not affect court’s common law discretion to exclude evidence or stay criminal proceedings","content":"### sec.10 Act does not affect court’s common law discretion to exclude evidence or stay criminal proceedings\n\nThis Act does not affect the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion or stay the proceeding in the interests of justice.\ns 10 amd 2005 No. 45 s 5","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Inconsistency","content":"### sec.11 Inconsistency\n\nThe object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities.\nThis section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer.\nTo the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary.\nThis section applies subject to section 12 .\n(sec.11-ssec.1) The object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities.\n(sec.11-ssec.2) This section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer.\n(sec.11-ssec.3) To the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary.\n(sec.11-ssec.4) This section applies subject to section 12 .","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Relationship to other Acts","content":"### sec.12 Relationship to other Acts\n\nThis Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1 .\nA police officer who has entered a place under section 609 may, under the Public Health Act 2005 , section 157B , take a person to a treatment or care place within the meaning of chapter 4A of that Act.\nHowever, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1 .\nIt may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place.\nAlso, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised.\ns 12 amd 2000 No. 16 s 590 s ch 1 pt 2 (amd 2001 No. 78 s 102 sch 2 ); 2016 No. 5 s 923 sch 4\n(sec.12-ssec.1) This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1 . A police officer who has entered a place under section 609 may, under the Public Health Act 2005 , section 157B , take a person to a treatment or care place within the meaning of chapter 4A of that Act.\n(sec.12-ssec.2) However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1 . It may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place.\n(sec.12-ssec.3) Also, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised.","sortOrder":13},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Appointment as, and helping, public officials","content":"# Appointment as, and helping, public officials","sortOrder":14},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Provisions about appointments","content":"## Provisions about appointments","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Appointment of police officers as public officials for other Acts","content":"### sec.13 Appointment of police officers as public officials for other Acts\n\nThis section applies if—\nan Act ( authorising law ) authorises someone ( appointer ) to appoint public officials for giving effect to the authorising law; and\na police officer may be appointed as a public official under the authorising law.\nDespite the authorising law, the appointer may appoint a police officer as a public official for the authorising law only with the commissioner’s written approval to the proposed appointment.\nThe commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed—\nhas the necessary experience or expertise to be a public official for the authorising law; or\nhas satisfactorily completed a course of training approved by the commissioner.\nA police officer may exercise powers as a public official under an authorising law only if and to the extent the commissioner approves the police officer’s appointment under this section.\nIf, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law.\n(sec.13-ssec.1) This section applies if— an Act ( authorising law ) authorises someone ( appointer ) to appoint public officials for giving effect to the authorising law; and a police officer may be appointed as a public official under the authorising law.\n(sec.13-ssec.2) Despite the authorising law, the appointer may appoint a police officer as a public official for the authorising law only with the commissioner’s written approval to the proposed appointment.\n(sec.13-ssec.3) The commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed— has the necessary experience or expertise to be a public official for the authorising law; or has satisfactorily completed a course of training approved by the commissioner.\n(sec.13-ssec.4) A police officer may exercise powers as a public official under an authorising law only if and to the extent the commissioner approves the police officer’s appointment under this section.\n(sec.13-ssec.5) If, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law.\n- (a) an Act ( authorising law ) authorises someone ( appointer ) to appoint public officials for giving effect to the authorising law; and\n- (b) a police officer may be appointed as a public official under the authorising law.\n- (a) has the necessary experience or expertise to be a public official for the authorising law; or\n- (b) has satisfactorily completed a course of training approved by the commissioner.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Declaration of police officers as public officials","content":"### sec.14 Declaration of police officers as public officials\n\nThis section applies if, under an express provision of an Act ( authorising law ), a police officer is a public official.\nDespite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers.\nThe commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer—\nhas the necessary experience or expertise to be a public official for the authorising law; or\nhas satisfactorily completed a course of training approved by the commissioner.\nThe commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad.\ns 14 amd 2006 No. 26 s 3 sch 1 ; 2014 No. 7 s 578 s ch 4 pt 2\n(sec.14-ssec.1) This section applies if, under an express provision of an Act ( authorising law ), a police officer is a public official.\n(sec.14-ssec.2) Despite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers.\n(sec.14-ssec.3) The commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer— has the necessary experience or expertise to be a public official for the authorising law; or has satisfactorily completed a course of training approved by the commissioner. The commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad.\n- (a) has the necessary experience or expertise to be a public official for the authorising law; or\n- (b) has satisfactorily completed a course of training approved by the commissioner.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Authorising provisions of other Acts apply subject to ss 13 – 14","content":"### sec.15 Authorising provisions of other Acts apply subject to ss 13 – 14\n\nA provision of another Act that expressly or impliedly authorises the appointment of a police officer as a public official or authorises a police officer to perform the functions of a public official applies subject to sections 13 and 14 .","sortOrder":18},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Helping public officials","content":"## Helping public officials","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Helping public officials exercise powers under other Acts","content":"### sec.16 Helping public officials exercise powers under other Acts\n\nThis section applies if an Act ( authorising law ) authorises a public official to perform functions in relation to a person or thing.\nHowever, this section only applies to a police officer who is not a public official for the authorising law.\nIf a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law.\nBefore the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law.\nIf the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances.\nThe police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has.\nSubsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act.\n(sec.16-ssec.1) This section applies if an Act ( authorising law ) authorises a public official to perform functions in relation to a person or thing.\n(sec.16-ssec.2) However, this section only applies to a police officer who is not a public official for the authorising law.\n(sec.16-ssec.3) If a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law.\n(sec.16-ssec.4) Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law.\n(sec.16-ssec.5) If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances.\n(sec.16-ssec.6) The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has.\n(sec.16-ssec.7) Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Steps police officer may take for failure to give name and address etc. to public official","content":"### sec.17 Steps police officer may take for failure to give name and address etc. to public official\n\nThis section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person’s name and address or date of birth has failed to comply with the requirement.\nThe police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse.\nIf the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2 , part 4 , require the person to state the following—\nthe person’s name and address;\nthe person’s date of birth.\nSee section 791 (Offence to contravene direction or requirement of police officer).\nThis section does not apply if the public official is a police officer.\n(sec.17-ssec.1) This section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person’s name and address or date of birth has failed to comply with the requirement.\n(sec.17-ssec.2) The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse.\n(sec.17-ssec.3) If the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2 , part 4 , require the person to state the following— the person’s name and address; the person’s date of birth. See section 791 (Offence to contravene direction or requirement of police officer).\n(sec.17-ssec.4) This section does not apply if the public official is a police officer.\n- (a) the person’s name and address;\n- (b) the person’s date of birth.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Steps police officer may take for obstruction of public official","content":"### sec.18 Steps police officer may take for obstruction of public official\n\nThis section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened.\nThe police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse.\nIf the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct.\nThis section does not apply if the public official is a police officer.\n(sec.18-ssec.1) This section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened.\n(sec.18-ssec.2) The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse.\n(sec.18-ssec.3) If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct.\n(sec.18-ssec.4) This section does not apply if the public official is a police officer.","sortOrder":22},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Entry, inquiries and inspection","content":"# Entry, inquiries and inspection","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"General power to enter to make inquiries, investigations or serve documents","content":"### sec.19 General power to enter to make inquiries, investigations or serve documents\n\nThe purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.\nHowever, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority.\nSee, for example, the Disaster Management Act 2003 , section 111 .\nA police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter.\nThe entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.\nThe entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.\nThe entry may be for finding out if a missing person is in the place.\nAlso, a police officer may enter and stay for a reasonable time on a place to serve a document.\nHowever, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.\nAlso, the police officer may only use minimal force to enter the place.\nturning a door handle to open an unlocked door and opening the door\ns 19 amd 2024 No. 23 s 36 sch 1\n(sec.19-ssec.1) The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.\n(sec.19-ssec.2) However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority. See, for example, the Disaster Management Act 2003 , section 111 .\n(sec.19-ssec.3) A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter. The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place. The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place. The entry may be for finding out if a missing person is in the place.\n(sec.19-ssec.4) Also, a police officer may enter and stay for a reasonable time on a place to serve a document.\n(sec.19-ssec.5) However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.\n(sec.19-ssec.6) Also, the police officer may only use minimal force to enter the place. turning a door handle to open an unlocked door and opening the door\n- 1 The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.\n- 2 The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.\n- 3 The entry may be for finding out if a missing person is in the place.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"What is a reasonable time to stay on a place","content":"### sec.20 What is a reasonable time to stay on a place\n\nWhat is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances.\nIf the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service—\nask questions of anyone present at the place;\nmake any reasonable investigation or observation.\nFor the functions of the police service, see the Police Service Administration Act 1990 , section 2 .3 (Functions of service).\nIf the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law.\n(sec.20-ssec.1) What is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances.\n(sec.20-ssec.2) If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service— ask questions of anyone present at the place; make any reasonable investigation or observation. For the functions of the police service, see the Police Service Administration Act 1990 , section 2 .3 (Functions of service).\n(sec.20-ssec.3) If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law.\n- (a) ask questions of anyone present at the place;\n- (b) make any reasonable investigation or observation.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"General power to enter to arrest or detain someone or enforce warrant","content":"### sec.21 General power to enter to arrest or detain someone or enforce warrant\n\nA police officer may enter a place and stay for a reasonable time on the place—\nto arrest a person without warrant; or\nto arrest a person named in a warrant; or\nto detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or\nto detain a person who may be detained under an order made under section 471 , 484 , 485 , 488 or 514 ; or\nto detain a person under another Act.\nSee section 635 (Use of force likely to cause damage to enter places) for relevant safeguards.\nIf the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling.\nIf the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person.\nA police officer who enters a place under this section may search the place for the person.\nIn this section—\narrest , a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.\ns 21 amd 2003 No. 49 s 5 ; 2006 No. 26 s 3 sch 1\n(sec.21-ssec.1) A police officer may enter a place and stay for a reasonable time on the place— to arrest a person without warrant; or to arrest a person named in a warrant; or to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or to detain a person who may be detained under an order made under section 471 , 484 , 485 , 488 or 514 ; or to detain a person under another Act. See section 635 (Use of force likely to cause damage to enter places) for relevant safeguards.\n(sec.21-ssec.2) If the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling.\n(sec.21-ssec.3) If the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person.\n(sec.21-ssec.4) A police officer who enters a place under this section may search the place for the person.\n(sec.21-ssec.5) In this section— arrest , a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.\n- (a) to arrest a person without warrant; or\n- (b) to arrest a person named in a warrant; or\n- (c) to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or\n- (d) to detain a person who may be detained under an order made under section 471 , 484 , 485 , 488 or 514 ; or\n- (e) to detain a person under another Act.","sortOrder":26},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Power to enter residence of reportable offender","content":"### sec.21A Power to enter residence of reportable offender\n\nA police officer may, at any time, enter premises where a reportable offender generally resides—\nto verify the offender’s personal details reported by the offender under—\nthe Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or\na supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\nto carry out an inspection under section 21B .\nIn this section—\ngenerally reside , for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\npersonal details , of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\npremises , for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender.\ns 21A ins 2014 No. 34 s 35 sch 1\namd 2017 No. 14 s 41 ; 2023 No. 21 s 49 ; 2024 No. 25 s 57\n(sec.21A-ssec.1) A police officer may, at any time, enter premises where a reportable offender generally resides— to verify the offender’s personal details reported by the offender under— the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or to carry out an inspection under section 21B .\n(sec.21A-ssec.2) In this section— generally reside , for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . personal details , of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . premises , for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender.\n- (a) to verify the offender’s personal details reported by the offender under— (i) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or (ii) a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\n- (i) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or\n- (ii) a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or\n- (b) to carry out an inspection under section 21B .\n- (i) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or\n- (ii) a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or","sortOrder":27},{"sectionNumber":"sec.21B","sectionType":"section","heading":"Power to demand production of and inspect digital devices in possession of reportable offender","content":"### sec.21B Power to demand production of and inspect digital devices in possession of reportable offender\n\nThis section applies in relation to a reportable offender if—\nin the last 3 months, the reportable offender was—\nreleased from government detention; or\nsentenced to a supervision order; or\nthe reportable offender has been convicted of a device inspection offence; or\na device inspection order is made for the reportable offender under section 21C .\nA police officer may—\nrequire the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and\ninspect a digital device in the reportable offender’s possession.\nHowever, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1) (b) —\nunless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 68 (4) ; or\nif at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.\nFor subsection (3) (b) , each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.\nIn this section—\ndevice inspection offence means—\nan offence against any of the following provisions of the Criminal Code —\nsection 218A\nsection 228DA\nsection 228DB ; or\nan offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device—\nsection 218B\nsection 228B\nsection 228C\nsection 228D\nsection 229B ; or\nan offence against any of the following provisions of the Criminal Code (Cwlth) —\nsection 474 0.22\nsection 474 0.23\nsection 474 .23A\nsection 474 .25A\nsection 474 .25C\nsection 474 0.26\nsection 474 0.27\nsection 474 .27AA\nsection 474 .27A; or\nan offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device—\nsection 271 0.4\nsection 271 0.7\nsection 273 0.6\nsection 273 .7; or\nan offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) —\nsection 474 0.19\nsection 474 .20; or\nan offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) .\ndigital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\nelectronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information.\ngovernment detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\ninspect , a digital device, includes inspect the digital device using software.\nsupervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\ns 21B ins 2017 No. 14 s 42\namd 2018 No. 20 s 19 ; 2020 No. 7 s 20 ; 2021 No. 24 s 30\nsub 2023 No. 21 s 50\n(sec.21B-ssec.1) This section applies in relation to a reportable offender if— in the last 3 months, the reportable offender was— released from government detention; or sentenced to a supervision order; or the reportable offender has been convicted of a device inspection offence; or a device inspection order is made for the reportable offender under section 21C .\n(sec.21B-ssec.2) A police officer may— require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and inspect a digital device in the reportable offender’s possession.\n(sec.21B-ssec.3) However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1) (b) — unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 68 (4) ; or if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.\n(sec.21B-ssec.4) For subsection (3) (b) , each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.\n(sec.21B-ssec.5) In this section— device inspection offence means— an offence against any of the following provisions of the Criminal Code — section 218A section 228DA section 228DB ; or an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device— section 218B section 228B section 228C section 228D section 229B ; or an offence against any of the following provisions of the Criminal Code (Cwlth) — section 474 0.22 section 474 0.23 section 474 .23A section 474 .25A section 474 .25C section 474 0.26 section 474 0.27 section 474 .27AA section 474 .27A; or an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device— section 271 0.4 section 271 0.7 section 273 0.6 section 273 .7; or an offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) — section 474 0.19 section 474 .20; or an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) . digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . electronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information. government detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . inspect , a digital device, includes inspect the digital device using software. supervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\n- (a) in the last 3 months, the reportable offender was— (i) released from government detention; or (ii) sentenced to a supervision order; or\n- (i) released from government detention; or\n- (ii) sentenced to a supervision order; or\n- (b) the reportable offender has been convicted of a device inspection offence; or\n- (c) a device inspection order is made for the reportable offender under section 21C .\n- (i) released from government detention; or\n- (ii) sentenced to a supervision order; or\n- (a) require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and\n- (b) inspect a digital device in the reportable offender’s possession.\n- (a) unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 68 (4) ; or\n- (b) if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.\n- (a) an offence against any of the following provisions of the Criminal Code — • section 218A • section 228DA • section 228DB ; or\n- • section 218A\n- • section 228DA\n- • section 228DB ; or\n- (b) an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device— • section 218B • section 228B • section 228C • section 228D • section 229B ; or\n- • section 218B\n- • section 228B\n- • section 228C\n- • section 228D\n- • section 229B ; or\n- (c) an offence against any of the following provisions of the Criminal Code (Cwlth) — • section 474 0.22 • section 474 0.23 • section 474 .23A • section 474 .25A • section 474 .25C • section 474 0.26 • section 474 0.27 • section 474 .27AA • section 474 .27A; or\n- • section 474 0.22\n- • section 474 0.23\n- • section 474 .23A\n- • section 474 .25A\n- • section 474 .25C\n- • section 474 0.26\n- • section 474 0.27\n- • section 474 .27AA\n- • section 474 .27A; or\n- (d) an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device— • section 271 0.4 • section 271 0.7 • section 273 0.6 • section 273 .7; or\n- • section 271 0.4\n- • section 271 0.7\n- • section 273 0.6\n- • section 273 .7; or\n- (e) an offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) — • section 474 0.19 • section 474 .20; or\n- • section 474 0.19\n- • section 474 .20; or\n- (f) an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) .\n- • section 218A\n- • section 228DA\n- • section 228DB ; or\n- • section 218B\n- • section 228B\n- • section 228C\n- • section 228D\n- • section 229B ; or\n- • section 474 0.22\n- • section 474 0.23\n- • section 474 .23A\n- • section 474 .25A\n- • section 474 .25C\n- • section 474 0.26\n- • section 474 0.27\n- • section 474 .27AA\n- • section 474 .27A; or\n- • section 271 0.4\n- • section 271 0.7\n- • section 273 0.6\n- • section 273 .7; or\n- • section 474 0.19\n- • section 474 .20; or","sortOrder":28},{"sectionNumber":"sec.21C","sectionType":"section","heading":"Magistrate may make device inspection order for reportable offender","content":"### sec.21C Magistrate may make device inspection order for reportable offender\n\nThis section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B (1) (a) and (b) do not apply.\nA police officer may apply to a magistrate for an order (a device inspection order ) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender.\nThe magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children.\nIn this section—\ndigital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\nreportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .\ns 21C ins 2023 No. 21 s 50\n(sec.21C-ssec.1) This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B (1) (a) and (b) do not apply.\n(sec.21C-ssec.2) A police officer may apply to a magistrate for an order (a device inspection order ) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender.\n(sec.21C-ssec.3) The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children.\n(sec.21C-ssec.4) In this section— digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . reportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .","sortOrder":29},{"sectionNumber":"sec.21D","sectionType":"section","heading":"Offence to contravene requirement to produce digital device","content":"### sec.21D Offence to contravene requirement to produce digital device\n\nA reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B (2) (a) .\nMaximum penalty—300 penalty units or 5 years imprisonment.\nIt is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person.\ns 21D ins 2023 No. 21 s 50\n(sec.21D-ssec.1) A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B (2) (a) . Maximum penalty—300 penalty units or 5 years imprisonment.\n(sec.21D-ssec.2) It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Power to enter etc. for relevant laws","content":"### sec.22 Power to enter etc. for relevant laws\n\nFor ensuring compliance with a relevant law, a police officer may do any of the following—\nat any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law;\ninspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item;\nseize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act;\nrequire a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection;\ninspect security measures a person must maintain under the relevant law;\nrequire a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e) .\nA police officer may enter a part of a place not used for the purpose for which entry is made, but only to get to the place used for the purpose.\nIf a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must—\ngive the person from whom it is taken a receipt for the item as if it had been seized under this Act; and\nreturn the item to the place from which it was taken—\nas soon as practicable, but no later than the end of the next day the place is open for business; or\nif a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.\nEach of the following persons is taken for this section to be a licence holder under a relevant law—\na person who is required under the Drugs Misuse Act 1986 , section 43D to keep a register;\na person who is required under the Road Use Management Act , section 133 to record information;\na person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item.\nAlso, each of the following places is taken for this section to be a place used under a licence under a relevant law—\na place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4) (a) ;\na place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4) (b) ;\na place used by a person to carry out activities for which records must be made as mentioned in subsection (4) (c) .\nIn this section—\ninspect includes examine and test.\nprescribed item means—\na document or thing that is required or permitted to be kept under a relevant law; or\na thing declared under a regulation to be a prescribed item for this section.\ns 22 amd 2006 No. 26 s 4 ; 2014 No. 43 s 15 ; 2019 No. 26 s 290 sch 2\n(sec.22-ssec.1) For ensuring compliance with a relevant law, a police officer may do any of the following— at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law; inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item; seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act; require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection; inspect security measures a person must maintain under the relevant law; require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e) .\n(sec.22-ssec.2) A police officer may enter a part of a place not used for the purpose for which entry is made, but only to get to the place used for the purpose.\n(sec.22-ssec.3) If a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must— give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and return the item to the place from which it was taken— as soon as practicable, but no later than the end of the next day the place is open for business; or if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.\n(sec.22-ssec.4) Each of the following persons is taken for this section to be a licence holder under a relevant law— a person who is required under the Drugs Misuse Act 1986 , section 43D to keep a register; a person who is required under the Road Use Management Act , section 133 to record information; a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item.\n(sec.22-ssec.5) Also, each of the following places is taken for this section to be a place used under a licence under a relevant law— a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4) (a) ; a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4) (b) ; a place used by a person to carry out activities for which records must be made as mentioned in subsection (4) (c) .\n(sec.22-ssec.6) In this section— inspect includes examine and test. prescribed item means— a document or thing that is required or permitted to be kept under a relevant law; or a thing declared under a regulation to be a prescribed item for this section.\n- (a) at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law;\n- (b) inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item;\n- (c) seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act;\n- (d) require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection;\n- (e) inspect security measures a person must maintain under the relevant law;\n- (f) require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e) .\n- (a) give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and\n- (b) return the item to the place from which it was taken— (i) as soon as practicable, but no later than the end of the next day the place is open for business; or (ii) if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.\n- (i) as soon as practicable, but no later than the end of the next day the place is open for business; or\n- (ii) if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.\n- (i) as soon as practicable, but no later than the end of the next day the place is open for business; or\n- (ii) if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.\n- (a) a person who is required under the Drugs Misuse Act 1986 , section 43D to keep a register;\n- (b) a person who is required under the Road Use Management Act , section 133 to record information;\n- (c) a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item.\n- (a) a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4) (a) ;\n- (aa) a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4) (b) ;\n- (b) a place used by a person to carry out activities for which records must be made as mentioned in subsection (4) (c) .\n- (a) a document or thing that is required or permitted to be kept under a relevant law; or\n- (b) a thing declared under a regulation to be a prescribed item for this section.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"What is a reasonable time for entry etc. for a relevant law","content":"### sec.23 What is a reasonable time for entry etc. for a relevant law\n\nA reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes—\nwhen the place is open to or used by the public; and\nwhen the police officer may reasonably expect that someone will be present at the place; and\nwhen someone is present at the place.\nHowever, if no-one is at a building on a place a police officer enters under subsection (1) (b) , the time stops being a reasonable time for the entry.\ns 23 amd 2006 No. 26 s 3 sch 1\n(sec.23-ssec.1) A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes— when the place is open to or used by the public; and when the police officer may reasonably expect that someone will be present at the place; and when someone is present at the place.\n(sec.23-ssec.2) However, if no-one is at a building on a place a police officer enters under subsection (1) (b) , the time stops being a reasonable time for the entry.\n- (a) when the place is open to or used by the public; and\n- (b) when the police officer may reasonably expect that someone will be present at the place; and\n- (c) when someone is present at the place.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Requirement by a police officer for a relevant law","content":"### sec.24 Requirement by a police officer for a relevant law\n\nThis section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help.\nWhat is reasonable help must be decided according to the particular circumstances.\nIt may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected.\nIt may be reasonable for a person to open a safe or strong room where prescribed items are kept.\n(sec.24-ssec.1) This section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help.\n(sec.24-ssec.2) What is reasonable help must be decided according to the particular circumstances. It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected. It may be reasonable for a person to open a safe or strong room where prescribed items are kept.\n- 1 It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected.\n- 2 It may be reasonable for a person to open a safe or strong room where prescribed items are kept.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Power to demand production of licence etc. for weapons","content":"### sec.25 Power to demand production of licence etc. for weapons\n\nThis section applies if a person is required under the Weapons Act 1990 —\nto be the holder of a licence or permit to acquire under that Act; or\nto have the approval of any person; or\nto keep a register or record.\nA police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents—\nthe photo licence or permit to acquire;\na certificate or other evidence of approval;\nthe register or record.\nA police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual’s possession and mentioned in any of the documents.\nHowever, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon.\nThis section is in addition to, and does not limit, section 22 .\n(sec.25-ssec.1) This section applies if a person is required under the Weapons Act 1990 — to be the holder of a licence or permit to acquire under that Act; or to have the approval of any person; or to keep a register or record.\n(sec.25-ssec.2) A police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents— the photo licence or permit to acquire; a certificate or other evidence of approval; the register or record.\n(sec.25-ssec.3) A police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual’s possession and mentioned in any of the documents.\n(sec.25-ssec.4) However, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon.\n(sec.25-ssec.5) This section is in addition to, and does not limit, section 22 .\n- (a) to be the holder of a licence or permit to acquire under that Act; or\n- (b) to have the approval of any person; or\n- (c) to keep a register or record.\n- (a) the photo licence or permit to acquire;\n- (b) a certificate or other evidence of approval;\n- (c) the register or record.","sortOrder":34},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Searching persons, vehicles and places without warrant","content":"# Searching persons, vehicles and places without warrant","sortOrder":35},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Roadblocks","content":"## Roadblocks","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Roadblocks","content":"### sec.26 Roadblocks\n\nA police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who—\nhas committed a seven year imprisonment offence; or\nmay be unlawfully depriving someone else of liberty; or\nFor what is unlawful deprivation of liberty, see the Criminal Code , section 355 .\nis being unlawfully deprived of liberty; or\nhas escaped from lawful custody; or\nmay be endangering the life or safety of someone else.\nIn deciding whether to establish a roadblock, the police officer must have regard to the following—\nwhen and where the relevant circumstances happened;\ninformation the police officer has about where the person sought may be travelling in a vehicle.\nA police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it.\n(sec.26-ssec.1) A police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who— has committed a seven year imprisonment offence; or may be unlawfully depriving someone else of liberty; or For what is unlawful deprivation of liberty, see the Criminal Code , section 355 . is being unlawfully deprived of liberty; or has escaped from lawful custody; or may be endangering the life or safety of someone else.\n(sec.26-ssec.2) In deciding whether to establish a roadblock, the police officer must have regard to the following— when and where the relevant circumstances happened; information the police officer has about where the person sought may be travelling in a vehicle.\n(sec.26-ssec.3) A police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it.\n- (a) has committed a seven year imprisonment offence; or\n- (b) may be unlawfully depriving someone else of liberty; or Note— For what is unlawful deprivation of liberty, see the Criminal Code , section 355 .\n- (c) is being unlawfully deprived of liberty; or\n- (d) has escaped from lawful custody; or\n- (e) may be endangering the life or safety of someone else.\n- (a) when and where the relevant circumstances happened;\n- (b) information the police officer has about where the person sought may be travelling in a vehicle.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Procedure for establishing roadblocks","content":"### sec.27 Procedure for establishing roadblocks\n\nBefore a police officer decides where to establish a roadblock, the senior police officer present must consider—\nthe effect the roadblock may have on road safety and public safety; and\nthe likelihood of a dangerous situation happening if a person sought is located at the roadblock; and\nany other relevant safety considerations.\nIf the person sought is believed to be armed and dangerous, the police officer establishing the roadblock may decide not to establish it in a populated location.\n- (a) the effect the roadblock may have on road safety and public safety; and\n- (b) the likelihood of a dangerous situation happening if a person sought is located at the roadblock; and\n- (c) any other relevant safety considerations.","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Record of roadblock to be made","content":"### sec.28 Record of roadblock to be made\n\nThe senior police officer present at a roadblock must ensure—\na record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and\na copy of the record is given to a person nominated by the commissioner for the purpose.\n- (a) a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and\n- (b) a copy of the record is given to a person nominated by the commissioner for the purpose.","sortOrder":39},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Searching persons without warrant","content":"## Searching persons without warrant","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Searching persons without warrant","content":"### sec.29 Searching persons without warrant\n\nA police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following—\nstop and detain a person;\nsearch the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained.\nThe police officer may seize all or part of a thing—\nthat may provide evidence of the commission of an offence; or\nthat the person intends to use to cause self harm or harm to someone else; or\nif section 30 (1) (b) applies, that is an antique firearm.\ns 29 amd 2013 No. 45 s 54 ; 2016 No. 62 s 309 ; 2023 No. 26 s 24 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.29-ssec.1) A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following— stop and detain a person; search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained.\n(sec.29-ssec.2) The police officer may seize all or part of a thing— that may provide evidence of the commission of an offence; or that the person intends to use to cause self harm or harm to someone else; or if section 30 (1) (b) applies, that is an antique firearm.\n- (a) stop and detain a person;\n- (b) search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained.\n- (a) that may provide evidence of the commission of an offence; or\n- (b) that the person intends to use to cause self harm or harm to someone else; or\n- (c) if section 30 (1) (b) applies, that is an antique firearm.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Prescribed circumstances for searching persons without warrant","content":"### sec.30 Prescribed circumstances for searching persons without warrant\n\nThe prescribed circumstances for searching a person without a warrant are as follows—\nthe person has something that may be—\na weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or\nan unlawful dangerous drug; or\nstolen property; or\nunlawfully obtained property; or\ntainted property; or\nevidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or\nevidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or\nevidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or\nevidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ;\nthe person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm—\nbecause of the person’s mental and physical fitness; or\nbecause a domestic violence order has been made against the person; or\nbecause the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;\nthe person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug;\nthe person has something the person intends to use to cause self harm or harm to someone else;\nthe person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ;\nthe person has committed, is committing, or is about to commit—\nan offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or\nan offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or\nan offence that may threaten the security or management of a prison or the security of a prisoner;\nthe person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ;\nthe person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ;\nthe person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ;\nthe person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders;\nthe person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ;\nthe person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity;\nthe person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer.\nFor subsection (1) (k) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use—\nunreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or\nplacing an obstacle, on a railway, that stops the passage of rolling stock\nstops a person from entering or leaving a place of business; or\ncauses a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\ns 30 amd 2000 No. 63 s 276 sch 2 ; 2002 No. 6 s 38 ; 2002 No. 58 s 398 sch 2 ; 2006 No. 26 s 5 ; 2006 No. 29 s 507 ; 2007 No. 1 s 12 ; 2008 No. 30 s 45 ; 2016 No. 12 s 389 s ch 2 pt 2 ; 2016 No. 62 ss 288 , 310 ; 2018 No. 23 s 36 ; 2019 No. 35 s 3 ; 2021 No. 9 s 5 ; 2023 No. 4 s 3 ; 2023 No. 26 s 25 ; 2024 No. 24 s 57 sch 1 pt 2; 2024 No. 45 s 27 ; 2025 No. 11 s 6; 2026 No. 4 s 19\n(sec.30-ssec.1) The prescribed circumstances for searching a person without a warrant are as follows— the person has something that may be— a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or an unlawful dangerous drug; or stolen property; or unlawfully obtained property; or tainted property; or evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; the person has something the person intends to use to cause self harm or harm to someone else; the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ; the person has committed, is committing, or is about to commit— an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or an offence that may threaten the security or management of a prison or the security of a prisoner; the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ; the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ; the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ; the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity; the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer.\n(sec.30-ssec.2) For subsection (1) (k) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\n- (a) the person has something that may be— (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or (ii) an unlawful dangerous drug; or (iii) stolen property; or (iv) unlawfully obtained property; or (v) tainted property; or (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ;\n- (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or\n- (ii) an unlawful dangerous drug; or\n- (iii) stolen property; or\n- (iv) unlawfully obtained property; or\n- (v) tainted property; or\n- (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or\n- (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or\n- (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or\n- (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ;\n- (b) the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— (i) because of the person’s mental and physical fitness; or (ii) because a domestic violence order has been made against the person; or (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;\n- (i) because of the person’s mental and physical fitness; or\n- (ii) because a domestic violence order has been made against the person; or\n- (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;\n- (c) the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug;\n- (d) the person has something the person intends to use to cause self harm or harm to someone else;\n- (e) the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ;\n- (f) the person has committed, is committing, or is about to commit— (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or (iii) an offence that may threaten the security or management of a prison or the security of a prisoner;\n- (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or\n- (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or\n- (iii) an offence that may threaten the security or management of a prison or the security of a prisoner;\n- (g) the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ;\n- (h) the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ;\n- (ha) the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ;\n- (i) the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders;\n- (j) the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ;\n- (k) the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity;\n- (l) the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer.\n- (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or\n- (ii) an unlawful dangerous drug; or\n- (iii) stolen property; or\n- (iv) unlawfully obtained property; or\n- (v) tainted property; or\n- (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or\n- (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or\n- (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or\n- (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ;\n- (i) because of the person’s mental and physical fitness; or\n- (ii) because a domestic violence order has been made against the person; or\n- (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;\n- (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or\n- (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or\n- (iii) an offence that may threaten the security or management of a prison or the security of a prisoner;\n- (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock\n- (b) stops a person from entering or leaving a place of business; or\n- (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.","sortOrder":42},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Searching vehicles without warrant","content":"## Searching vehicles without warrant","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Searching vehicles without warrant","content":"### sec.31 Searching vehicles without warrant\n\nA police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following—\nstop a vehicle;\ndetain a vehicle and the occupants of the vehicle;\nsearch a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.\nAlso, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects—\nthe vehicle is being used unlawfully; or\na person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006 .\nIf the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it.\nIf it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place.\nThe police officer may seize all or part of a thing—\nthat may provide evidence of the commission of an offence; or\nthat the person intends to use to cause self harm or harm to someone else; or\nif section 32 (1) (b) applies, that is an antique firearm.\nPower under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5) .\ns 31 amd 2000 No. 22 s 3 sch ; 2000 No. 63 s 276 sch 2 ; 2006 No. 29 s 508 ; 2016 No. 62 s 289 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.31-ssec.1) A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following— stop a vehicle; detain a vehicle and the occupants of the vehicle; search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.\n(sec.31-ssec.2) Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects— the vehicle is being used unlawfully; or a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006 .\n(sec.31-ssec.3) If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it.\n(sec.31-ssec.4) If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place.\n(sec.31-ssec.5) The police officer may seize all or part of a thing— that may provide evidence of the commission of an offence; or that the person intends to use to cause self harm or harm to someone else; or if section 32 (1) (b) applies, that is an antique firearm.\n(sec.31-ssec.6) Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5) .\n- (a) stop a vehicle;\n- (b) detain a vehicle and the occupants of the vehicle;\n- (c) search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.\n- (a) the vehicle is being used unlawfully; or\n- (b) a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006 .\n- (a) that may provide evidence of the commission of an offence; or\n- (b) that the person intends to use to cause self harm or harm to someone else; or\n- (c) if section 32 (1) (b) applies, that is an antique firearm.","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Prescribed circumstances for searching vehicle without warrant","content":"### sec.32 Prescribed circumstances for searching vehicle without warrant\n\nIt is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that—\nmay be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or\nmay be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—\nbecause of the person’s mental and physical fitness; or\nbecause a domestic violence order has been made against the person; or\nbecause the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or\nmay be an unlawful dangerous drug; or\nmay be stolen property; or\nmay be unlawfully obtained property; or\nmay have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or\nmay be evidence of the commission of an offence against any of the following—\nthe Racing Act 2002\nthe Racing Integrity Act 2016\nthe Corrective Services Act 2006 , section 128 , 129 or 132\nthe Nature Conservation Act 1992 ; or\nmay have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or\nmay be tainted property; or\nmay be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or\nmay be evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or\nmay be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or\nmay be something the person intends to use to cause self harm or harm to someone else; or\nmay be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or\nmay be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or\nmay be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.\nAlso, the following are prescribed circumstances for searching a vehicle without a warrant—\nthe driver or a passenger in the vehicle has committed, or is committing, an offence against—\nthe Summary Offences Act 2005 , section 10C ; or\nthe Criminal Code , section 52D or 52DA ;\nthe vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\nFor subsection (1) (p) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use—\nunreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or\nplacing an obstacle, on a railway, that stops the passage of rolling stock\nstops a person from entering or leaving a place of business; or\ncauses a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\ns 32 amd 2000 No. 63 s 276 sch 2; 2002 No. 6 s 39; 2006 No. 26 s 6; 2006 No. 29 s 509; 2007 No. 1 s 13; 2013 No. 45 s 55; 2016 No. 12 s 389 s ch 2 pt 2 ; 2016 No. 48 s 8 ; 2016 No. 62 ss 290 , 311 ; 2018 No. 23 s 37 ; 2019 No. 35 s 4 ; 2023 No. 26 s 26 ; 2024 No. 24 s 57 sch 1 pt 2; 2026 No. 4 s 20\n(sec.32-ssec.1) It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that— may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or may be an unlawful dangerous drug; or may be stolen property; or may be unlawfully obtained property; or may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or may be evidence of the commission of an offence against any of the following— the Racing Act 2002 the Racing Integrity Act 2016 the Corrective Services Act 2006 , section 128 , 129 or 132 the Nature Conservation Act 1992 ; or may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or may be tainted property; or may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or may be evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or may be something the person intends to use to cause self harm or harm to someone else; or may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.\n(sec.32-ssec.2) Also, the following are prescribed circumstances for searching a vehicle without a warrant— the driver or a passenger in the vehicle has committed, or is committing, an offence against— the Summary Offences Act 2005 , section 10C ; or the Criminal Code , section 52D or 52DA ; the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\n(sec.32-ssec.3) For subsection (1) (p) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\n- (a) may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or\n- (b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm— (i) because of the person’s mental and physical fitness; or (ii) because a domestic violence order has been made against the person; or (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or\n- (i) because of the person’s mental and physical fitness; or\n- (ii) because a domestic violence order has been made against the person; or\n- (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or\n- (c) may be an unlawful dangerous drug; or\n- (d) may be stolen property; or\n- (e) may be unlawfully obtained property; or\n- (f) may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or\n- (g) may be evidence of the commission of an offence against any of the following— • the Racing Act 2002 • the Racing Integrity Act 2016 • the Corrective Services Act 2006 , section 128 , 129 or 132 • the Nature Conservation Act 1992 ; or\n- • the Racing Act 2002\n- • the Racing Integrity Act 2016\n- • the Corrective Services Act 2006 , section 128 , 129 or 132\n- • the Nature Conservation Act 1992 ; or\n- (h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or\n- (i) may be tainted property; or\n- (j) may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or\n- (k) may be evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or\n- (l) may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or\n- (m) may be something the person intends to use to cause self harm or harm to someone else; or\n- (n) may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or\n- (o) may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or\n- (p) may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.\n- (i) because of the person’s mental and physical fitness; or\n- (ii) because a domestic violence order has been made against the person; or\n- (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or\n- • the Racing Act 2002\n- • the Racing Integrity Act 2016\n- • the Corrective Services Act 2006 , section 128 , 129 or 132\n- • the Nature Conservation Act 1992 ; or\n- (a) the driver or a passenger in the vehicle has committed, or is committing, an offence against— (i) the Summary Offences Act 2005 , section 10C ; or (ii) the Criminal Code , section 52D or 52DA ;\n- (i) the Summary Offences Act 2005 , section 10C ; or\n- (ii) the Criminal Code , section 52D or 52DA ;\n- (b) the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\n- (i) the Summary Offences Act 2005 , section 10C ; or\n- (ii) the Criminal Code , section 52D or 52DA ;\n- (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock\n- (b) stops a person from entering or leaving a place of business; or\n- (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.","sortOrder":45},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Searching public places without warrant","content":"## Searching public places without warrant","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Searching public places without warrant","content":"### sec.33 Searching public places without warrant\n\nIt is lawful for a police officer to exercise the following powers in a public place without a search warrant—\npower to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ;\npower to search the public place for anything that may be evidence of the commission of an offence;\npower to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;\npower to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;\npower to dig up land;\npower to open anything that is locked.\nHowever, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only—\nwith the consent of the occupier of the place; or\nunder a search warrant; or\nunder chapter 7 , part 2 .\nIf the occupier consents, the police officer may exercise search warrant powers at the place.\n(sec.33-ssec.1) It is lawful for a police officer to exercise the following powers in a public place without a search warrant— power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ; power to search the public place for anything that may be evidence of the commission of an offence; power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence; power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence; power to dig up land; power to open anything that is locked.\n(sec.33-ssec.2) However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only— with the consent of the occupier of the place; or under a search warrant; or under chapter 7 , part 2 .\n(sec.33-ssec.3) If the occupier consents, the police officer may exercise search warrant powers at the place.\n- (a) power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ;\n- (b) power to search the public place for anything that may be evidence of the commission of an offence;\n- (c) power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;\n- (d) power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;\n- (e) power to dig up land;\n- (f) power to open anything that is locked.\n- (a) with the consent of the occupier of the place; or\n- (b) under a search warrant; or\n- (c) under chapter 7 , part 2 .","sortOrder":47},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Use of detection dogs without warrant","content":"# Use of detection dogs without warrant","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.34 Definitions for pt 3\n\nIn this part—\nbody art tattooing business see the Tattoo Industry Act 2013 , schedule 1 .\ns 34 def body art tattooing business ins 2013 No. 46 s 78 (1)\namd 2016 No. 62 s 493 s ch 1 pt 2\ndetection dog means—\na drug detection dog; or\na firearms and explosives detection dog.\ns 34 def detection dog ins 2013 No. 46 s 78 (1)\namd 2016 No. 48 s 18 sch 1\ndrug detection includes—\nwalking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and\nwalking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing.\ndrug detection dog means a dog trained to detect unlawful dangerous drugs.\nevent means—\na major event; or\na sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001 ; or\na sports, recreational or entertainment event, not mentioned in paragraph (b) , that is open to the public, whether on payment of a fee or not.\na musical concert held at the Mt Gravatt showgrounds\ns 34 def event amd 2014 No. 60 s 96\nexplosives detection includes—\nwalking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and\nwalking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing.\ns 34 def explosives detection ins 2013 No. 46 s 78 (1)\namd 2016 No. 48 s 18 sch 1\nhandler , of a detection dog, means a handler within the meaning of the Police Service Administration Act 1990 .\ns 34 def handler amd 2013 No. 46 s 78 (2)\nlicensed premises ...\ns 34 def licensed premises om 2014 No. 42 s 103\ntattoo parlour means a place at which a body art tattooing business is being conducted.\ns 34 def tattoo parlour ins 2013 No. 46 s 78 (1)\nunlawful dangerous drug —\nmeans a dangerous drug mentioned in the Drugs Misuse Regulation 1987 , schedule 1 ; and\nincludes—\nGamma hydroxybutyric acid, commonly known as GBH; and\n3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.\ns 34 ins 2005 No. 63 s 4\n- (a) a drug detection dog; or\n- (b) a firearms and explosives detection dog.\n- (a) walking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and\n- (b) walking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing.\n- (a) a major event; or\n- (b) a sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001 ; or\n- (c) a sports, recreational or entertainment event, not mentioned in paragraph (b) , that is open to the public, whether on payment of a fee or not. Example of an entertainment event for paragraph (c) — a musical concert held at the Mt Gravatt showgrounds\n- (a) walking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and\n- (b) walking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing.\n- (a) means a dangerous drug mentioned in the Drugs Misuse Regulation 1987 , schedule 1 ; and\n- (b) includes— (i) Gamma hydroxybutyric acid, commonly known as GBH; and (ii) 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.\n- (i) Gamma hydroxybutyric acid, commonly known as GBH; and\n- (ii) 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.\n- (i) Gamma hydroxybutyric acid, commonly known as GBH; and\n- (ii) 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.","sortOrder":49},{"sectionNumber":"sec.35","sectionType":"section","heading":"Use of detection dogs in particular places","content":"### sec.35 Use of detection dogs in particular places\n\nA handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing.\nA handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing.\nThis section applies despite any other law.\nIn this section—\nrelevant person or thing means—\na person who is in a public place; or\na person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or\na person who is about to enter, is in, or is leaving, licensed premises; or\na person who is about to enter, is in, or is leaving, a tattoo parlour; or\na thing in a place mentioned in paragraph (a) , (b) , (c) or (d) , or on land associated with the place, whether or not the thing is in the physical possession of a person.\ns 35 ins 2005 No. 63 s 4\namd 2013 No. 46 s 79\nsub 2016 No. 48 s 9\namd 2016 No. 48 s 18 sch 1 (amdt could not be given effect)\n(sec.35-ssec.1) A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing.\n(sec.35-ssec.2) A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing.\n(sec.35-ssec.3) This section applies despite any other law.\n(sec.35-ssec.4) In this section— relevant person or thing means— a person who is in a public place; or a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or a person who is about to enter, is in, or is leaving, licensed premises; or a person who is about to enter, is in, or is leaving, a tattoo parlour; or a thing in a place mentioned in paragraph (a) , (b) , (c) or (d) , or on land associated with the place, whether or not the thing is in the physical possession of a person.\n- (a) a person who is in a public place; or\n- (b) a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or\n- (c) a person who is about to enter, is in, or is leaving, licensed premises; or\n- (d) a person who is about to enter, is in, or is leaving, a tattoo parlour; or\n- (e) a thing in a place mentioned in paragraph (a) , (b) , (c) or (d) , or on land associated with the place, whether or not the thing is in the physical possession of a person.","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Police officers and detection dogs may enter and remain on particular places","content":"### sec.36 Police officers and detection dogs may enter and remain on particular places\n\nFor carrying out drug detection under section 35 (1) , a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place.\nFor carrying out explosives detection under section 35 (2) , a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place.\nFor subsections (1) and (2) , the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place.\nland on which car parking is provided for patrons of the relevant place\nThis section applies despite any other law.\nIn this section—\nrelevant place means—\na public place; or\na place at which an event is being held; or\nlicensed premises; or\na tattoo parlour.\ns 36 ins 2005 No. 63 s 4\namd 2013 No. 46 s 80\nsub 2016 No. 48 s 9\namd 2016 No. 48 s 18 sch 1 (amdts could not be given effect)\n(sec.36-ssec.1) For carrying out drug detection under section 35 (1) , a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place.\n(sec.36-ssec.2) For carrying out explosives detection under section 35 (2) , a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place.\n(sec.36-ssec.3) For subsections (1) and (2) , the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place. land on which car parking is provided for patrons of the relevant place\n(sec.36-ssec.4) This section applies despite any other law.\n(sec.36-ssec.5) In this section— relevant place means— a public place; or a place at which an event is being held; or licensed premises; or a tattoo parlour.\n- (a) a public place; or\n- (b) a place at which an event is being held; or\n- (c) licensed premises; or\n- (d) a tattoo parlour.","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Reasonable suspicion may be based on indication of detection dog","content":"### sec.37 Reasonable suspicion may be based on indication of detection dog\n\nThis section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle.\nIt is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms—\non the person or on, or in, a thing in the person’s physical possession; or\non or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or\nin the vehicle.\ns 37 ins 2005 No. 63 s 4\nsub 2013 No. 46 s 81\n(sec.37-ssec.1) This section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle.\n(sec.37-ssec.2) It is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms— on the person or on, or in, a thing in the person’s physical possession; or on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or in the vehicle.\n- (a) on the person or on, or in, a thing in the person’s physical possession; or\n- (b) on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or\n- (c) in the vehicle.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Protection from liability for acts done by detection dogs","content":"### sec.38 Protection from liability for acts done by detection dogs\n\nThis section applies if—\nthe handler of a detection dog is using the detection dog to carry out detection; and\nthe detection dog—\nphysically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or\ncauses damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.\nThe handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies.\nThe State does not incur civil liability in the circumstances to which this section applies—\nfor an act done by the detection dog; or\nfor an act or omission of the handler.\nHowever, if—\nthe act of the detection dog; or\nthe act or omission of the handler;\ncauses bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State.\nThe handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code , section 289 .\nThis section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility.\nCivil Liability Act 2003\nCriminal Code , sections 25 , 271 , 272 and 273\nPolice Service Administration Act 1990 , section 10 0.5\nIn this section—\nbodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm.\ndetection means drug detection under section 35 (1) or explosives detection under section 35 (2) .\nhandler , of a detection dog, includes a police officer helping the handler of the detection dog.\ns 38 ins 2005 No. 63 s 4\namd 2013 No. 46 s 82\n(sec.38-ssec.1) This section applies if— the handler of a detection dog is using the detection dog to carry out detection; and the detection dog— physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.\n(sec.38-ssec.2) The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies.\n(sec.38-ssec.3) The State does not incur civil liability in the circumstances to which this section applies— for an act done by the detection dog; or for an act or omission of the handler.\n(sec.38-ssec.4) However, if— the act of the detection dog; or the act or omission of the handler; causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State.\n(sec.38-ssec.5) The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code , section 289 .\n(sec.38-ssec.6) This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility. Civil Liability Act 2003 Criminal Code , sections 25 , 271 , 272 and 273 Police Service Administration Act 1990 , section 10 0.5\n(sec.38-ssec.7) In this section— bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm. detection means drug detection under section 35 (1) or explosives detection under section 35 (2) . handler , of a detection dog, includes a police officer helping the handler of the detection dog.\n- (a) the handler of a detection dog is using the detection dog to carry out detection; and\n- (b) the detection dog— (i) physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.\n- (i) physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or\n- (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.\n- (i) physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or\n- (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.\n- (a) for an act done by the detection dog; or\n- (b) for an act or omission of the handler.\n- (a) the act of the detection dog; or\n- (b) the act or omission of the handler;\n- • Civil Liability Act 2003\n- • Criminal Code , sections 25 , 271 , 272 and 273\n- • Police Service Administration Act 1990 , section 10 0.5","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Effect of part on use of detection dogs under search warrants","content":"### sec.39 Effect of part on use of detection dogs under search warrants\n\nTo remove any doubt, it is declared that this part does not restrict the powers of a police officer to use a drug detection dog to carry out drug detection, or a firearms and explosives detection dog to carry out explosives detection, in conducting a search of a place under a search warrant or without a warrant.\ns 39 ins 2005 No. 63 s 4\namd 2013 No. 46 s 83 ; 2016 No. 48 s 18 sch 1","sortOrder":54},{"sectionNumber":"ch.2-pt.3A","sectionType":"part","heading":"Jack’s Law—Use of hand held scanners without warrant","content":"# Jack’s Law—Use of hand held scanners without warrant","sortOrder":55},{"sectionNumber":"sec.39AA","sectionType":"section","heading":"Purpose of part","content":"### sec.39AA Purpose of part\n\nThe purpose of this part is to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.\ns 39AA ins 2025 No. 11 s 8","sortOrder":56},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Definitions for part","content":"### sec.39A Definitions for part\n\nIn this part—\nadjacent public area , to premises, a facility or another place, means—\na public carpark adjacent to the premises, facility or other place; or\na public place adjacent to an entry or exit to the premises, facility or other place.\na public footpath on which persons are queuing to enter the premises\ns 39A def adjacent public area ins 2024 No. 45 s 29 (1)\nhand held scanner authority see section 39C(3).\ns 39A def hand held scanner authority amd 2024 No. 45 s 29 (2) ; 2025 No. 11 s 9\nlicensed premises includes an adjacent public area to the premises.\ns 39A def licensed premises ins 2024 No. 45 s 29 (1)\npublic carpark means a carpark that is a public place.\ns 39A def public carpark ins 2024 No. 45 s 29 (1)\npublic transport station see section 39B .\npublic transport vehicle means the following vehicles, within the meaning of the Transport Operations (Passenger Transport) Act 1994 —\na train or other public passenger vehicle being operated by a railway manager or railway operator;\na light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail;\na bus or other motor vehicle being used for a general route service;\na ferry being used for a general route service.\nretail premises —\nmeans premises used wholly or predominantly for carrying on a business selling goods, or providing services, in person to the public; and\nincludes an adjacent public area to premises mentioned in paragraph (a) .\ns 39A def retail premises ins 2024 No. 45 s 29 (1)\nsenior police officer means—\na police officer of at least the rank of inspector; or\na police officer of at least the rank of senior sergeant authorised by the commissioner to issue an authority under this part.\nshopping centre —\nmeans a cluster of at least 5 premises to which the following apply—\nat least 5 of the premises are retail premises;\nthe retail premises are located in—\n1 building; or\n2 or more buildings that are adjoining or are separated only by a public place;\nthe cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and\nincludes an adjacent public area to premises mentioned in paragraph (a) .\ns 39A def shopping centre ins 2024 No. 45 s 29 (1)\nsporting or entertainment venue —\nmeans—\na major sports facility under the Major Sports Facilities Act 2001 ; or\nanother place while it is being used for a sporting, recreation, conference or entertainment event; and\na community sporting facility being used for a football match\na building being used for a conference event\na park being used for a concert\na road being used for a running or motor racing event\nincludes an adjacent public area to a facility or place mentioned in paragraph (a) .\ns 39A def sporting or entertainment venue ins 2024 No. 45 s 29 (1)\nuse , a hand held scanner in relation to a person, means to pass the hand held scanner in close proximity to the person or the person’s belongings.\ns 39A ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4\n- (a) a public carpark adjacent to the premises, facility or other place; or\n- (b) a public place adjacent to an entry or exit to the premises, facility or other place. Example— a public footpath on which persons are queuing to enter the premises\n- (a) a train or other public passenger vehicle being operated by a railway manager or railway operator;\n- (b) a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail;\n- (c) a bus or other motor vehicle being used for a general route service;\n- (d) a ferry being used for a general route service.\n- (a) means premises used wholly or predominantly for carrying on a business selling goods, or providing services, in person to the public; and\n- (b) includes an adjacent public area to premises mentioned in paragraph (a) .\n- (a) a police officer of at least the rank of inspector; or\n- (b) a police officer of at least the rank of senior sergeant authorised by the commissioner to issue an authority under this part.\n- (a) means a cluster of at least 5 premises to which the following apply— (i) at least 5 of the premises are retail premises; (ii) the retail premises are located in— (A) 1 building; or (B) 2 or more buildings that are adjoining or are separated only by a public place; (iii) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and\n- (i) at least 5 of the premises are retail premises;\n- (ii) the retail premises are located in— (A) 1 building; or (B) 2 or more buildings that are adjoining or are separated only by a public place;\n- (A) 1 building; or\n- (B) 2 or more buildings that are adjoining or are separated only by a public place;\n- (iii) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and\n- (b) includes an adjacent public area to premises mentioned in paragraph (a) .\n- (i) at least 5 of the premises are retail premises;\n- (ii) the retail premises are located in— (A) 1 building; or (B) 2 or more buildings that are adjoining or are separated only by a public place;\n- (A) 1 building; or\n- (B) 2 or more buildings that are adjoining or are separated only by a public place;\n- (iii) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and\n- (A) 1 building; or\n- (B) 2 or more buildings that are adjoining or are separated only by a public place;\n- (a) means— (i) a major sports facility under the Major Sports Facilities Act 2001 ; or (ii) another place while it is being used for a sporting, recreation, conference or entertainment event; and Examples— • a community sporting facility being used for a football match • a building being used for a conference event • a park being used for a concert • a road being used for a running or motor racing event\n- (i) a major sports facility under the Major Sports Facilities Act 2001 ; or\n- (ii) another place while it is being used for a sporting, recreation, conference or entertainment event; and Examples— • a community sporting facility being used for a football match • a building being used for a conference event • a park being used for a concert • a road being used for a running or motor racing event\n- • a community sporting facility being used for a football match\n- • a building being used for a conference event\n- • a park being used for a concert\n- • a road being used for a running or motor racing event\n- (b) includes an adjacent public area to a facility or place mentioned in paragraph (a) .\n- (i) a major sports facility under the Major Sports Facilities Act 2001 ; or\n- (ii) another place while it is being used for a sporting, recreation, conference or entertainment event; and Examples— • a community sporting facility being used for a football match • a building being used for a conference event • a park being used for a concert • a road being used for a running or motor racing event\n- • a community sporting facility being used for a football match\n- • a building being used for a conference event\n- • a park being used for a concert\n- • a road being used for a running or motor racing event\n- • a community sporting facility being used for a football match\n- • a building being used for a conference event\n- • a park being used for a concert\n- • a road being used for a running or motor racing event","sortOrder":57},{"sectionNumber":"sec.39B","sectionType":"section","heading":"Meaning of public transport station","content":"### sec.39B Meaning of public transport station\n\nA public transport station —\nis a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle; and\nThe following stations, platforms or other structures within the meaning of the Transport Operations (Passenger Transport) Act 1994 —\na railway station or platform\na light rail station or platform\nfacilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange\na bus station\na bus stop, including the area in the immediate vicinity of the bus stop\na jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.\nincludes—\ncar parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and\nanother structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and\noverhead or underground walkways between platforms, footpaths, seating\nlandscaping associated with the station, platform or structure.\ns 39B ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4\n- (a) is a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle; and Examples— The following stations, platforms or other structures within the meaning of the Transport Operations (Passenger Transport) Act 1994 — • a railway station or platform • a light rail station or platform • facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange • a bus station • a bus stop, including the area in the immediate vicinity of the bus stop • a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.\n- • a railway station or platform\n- • a light rail station or platform\n- • facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange\n- • a bus station\n- • a bus stop, including the area in the immediate vicinity of the bus stop\n- • a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.\n- (b) includes— (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and (ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths, seating (iii) landscaping associated with the station, platform or structure.\n- (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and\n- (ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths, seating\n- (iii) landscaping associated with the station, platform or structure.\n- • a railway station or platform\n- • a light rail station or platform\n- • facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange\n- • a bus station\n- • a bus stop, including the area in the immediate vicinity of the bus stop\n- • a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.\n- (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and\n- (ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths, seating\n- (iii) landscaping associated with the station, platform or structure.","sortOrder":58},{"sectionNumber":"sec.39BA","sectionType":"section","heading":"Use of hand held scanner without warrant in relevant places","content":"### sec.39BA Use of hand held scanner without warrant in relevant places\n\nA police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on any of the following places (each a relevant place )—\nlicensed premises;\na public transport station;\na public transport vehicle;\nretail premises;\na safe night precinct;\na shopping centre;\na sporting or entertainment venue.\nIf a police officer starts to exercise a power in relation to a person under subsection (1) while at, in or on a relevant place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the relevant place.\ns 39BA ins 2025 No. 11 s 10\n(sec.39BA-ssec.1) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on any of the following places (each a relevant place )— licensed premises; a public transport station; a public transport vehicle; retail premises; a safe night precinct; a shopping centre; a sporting or entertainment venue.\n(sec.39BA-ssec.2) If a police officer starts to exercise a power in relation to a person under subsection (1) while at, in or on a relevant place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the relevant place.\n- (a) licensed premises;\n- (b) a public transport station;\n- (c) a public transport vehicle;\n- (d) retail premises;\n- (e) a safe night precinct;\n- (f) a shopping centre;\n- (g) a sporting or entertainment venue.","sortOrder":59},{"sectionNumber":"sec.39C","sectionType":"section","heading":"Authorisation by senior police officer","content":"### sec.39C Authorisation by senior police officer\n\nA senior police officer may authorise the use of a hand held scanner at, in or on a public place, other than a relevant place under section 39BA(1).\nHowever, the senior police officer may issue an authority only if the senior police officer considers the use of a hand held scanner at, in or on the public place is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.\nAn authority issued under this section is a hand held scanner authority .\ns 39C ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4\namd 2024 No. 45 s 30 ; 2025 No. 11 s 11\n(sec.39C-ssec.1) A senior police officer may authorise the use of a hand held scanner at, in or on a public place, other than a relevant place under section 39BA(1).\n(sec.39C-ssec.2) However, the senior police officer may issue an authority only if the senior police officer considers the use of a hand held scanner at, in or on the public place is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.\n(sec.39C-ssec.3) An authority issued under this section is a hand held scanner authority .","sortOrder":60},{"sectionNumber":"sec.39D","sectionType":"section","heading":"Form and effect of hand held scanner authority","content":"### sec.39D Form and effect of hand held scanner authority\n\nA hand held scanner authority must state—\nthe day and time the authority starts and ends; and\nthe address, place name or description of the public place for which the authority is issued; and\nthe reasons for which the authority is issued for the public place.\nThe hand held scanner authority has effect for 12 hours after the authority starts.\ns 39D ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4\namd 2024 No. 45 s 31 ; 2025 No. 11 s 12\n(sec.39D-ssec.1) A hand held scanner authority must state— the day and time the authority starts and ends; and the address, place name or description of the public place for which the authority is issued; and the reasons for which the authority is issued for the public place.\n(sec.39D-ssec.2) The hand held scanner authority has effect for 12 hours after the authority starts.\n- (a) the day and time the authority starts and ends; and\n- (b) the address, place name or description of the public place for which the authority is issued; and\n- (c) the reasons for which the authority is issued for the public place.","sortOrder":61},{"sectionNumber":"sec.39E","sectionType":"section","heading":"Authorised use of hand held scanner without warrant in stated public places","content":"### sec.39E Authorised use of hand held scanner without warrant in stated public places\n\nThis section applies if a hand held scanner authority is in effect for a stated public place under section 39C.\nA police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on the stated public place.\nIf a police officer starts to exercise a power in relation to a person under subsection (2) while at, in or on the stated public place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the stated place.\ns 39E ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4 ; 2025 No. 11 s 13\n(sec.39E-ssec.1) This section applies if a hand held scanner authority is in effect for a stated public place under section 39C.\n(sec.39E-ssec.2) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on the stated public place.\n(sec.39E-ssec.3) If a police officer starts to exercise a power in relation to a person under subsection (2) while at, in or on the stated public place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the stated place.","sortOrder":62},{"sectionNumber":"sec.39F","sectionType":"section","heading":null,"content":"### Section sec.39F\n\ns 39F ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4\nom 2025 No. 11 s 13","sortOrder":63},{"sectionNumber":"sec.39FA","sectionType":"section","heading":null,"content":"### Section sec.39FA\n\ns 39FA ins 2024 No. 45 s 32\nom 2025 No. 11 s 13","sortOrder":64},{"sectionNumber":"sec.39FB","sectionType":"section","heading":null,"content":"### Section sec.39FB\n\ns 39FB ins 2024 No. 45 s 32\nom 2025 No. 11 s 13","sortOrder":65},{"sectionNumber":"sec.39FC","sectionType":"section","heading":null,"content":"### Section sec.39FC\n\ns 39FC ins 2024 No. 45 s 32\nom 2025 No. 11 s 13","sortOrder":66},{"sectionNumber":"sec.39G","sectionType":"section","heading":"Requirements if hand held scanner indicates metal","content":"### sec.39G Requirements if hand held scanner indicates metal\n\nThis section applies if—\na police officer uses a hand held scanner in relation to a person under section 39BA or 39E; and\nthe hand held scanner indicates that metal is, or is likely to be, present.\nThe police officer may require the person—\nto produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and\nto resubmit to the use of a hand held scanner.\nSee sections 29 and 30(1)(l) for the power to search a person without a warrant.\ns 39G ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4\namd 2024 No. 45 s 33 ; 2025 No. 11 s 14\n(sec.39G-ssec.1) This section applies if— a police officer uses a hand held scanner in relation to a person under section 39BA or 39E; and the hand held scanner indicates that metal is, or is likely to be, present.\n(sec.39G-ssec.2) The police officer may require the person— to produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and to resubmit to the use of a hand held scanner. See sections 29 and 30(1)(l) for the power to search a person without a warrant.\n- (a) a police officer uses a hand held scanner in relation to a person under section 39BA or 39E; and\n- (b) the hand held scanner indicates that metal is, or is likely to be, present.\n- (a) to produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and\n- (b) to resubmit to the use of a hand held scanner.","sortOrder":67},{"sectionNumber":"sec.39H","sectionType":"section","heading":"Safeguards for exercise of powers","content":"### sec.39H Safeguards for exercise of powers\n\nThis section applies if a police officer exercises a power under section 39BA or 39E to require a person to stop and submit, or resubmit, to the use of a hand held scanner.\nThe police officer must exercise the power in the least invasive way that is practicable in the circumstances.\nThe police officer may detain the person for so long as is reasonably necessary to exercise the power.\nThe police officer must—\nif requested by the person, inform the person of the police officer’s name, rank and station; and\nif requested by the person, provide the information mentioned in paragraph (a) in writing; and\nproduce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and\ninform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and\ninform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l).\nSee sections 29 and 30(1)(l) for the power to search a person without a warrant.\nSection 637 does not apply if a police officer stops or detains a person under this part.\ns 39H ins 2021 No. 9 s 6\nsub 2023 No. 4 s 4\namd 2024 No. 24 s 34 ; 2025 No. 11 s 15\n(sec.39H-ssec.1) This section applies if a police officer exercises a power under section 39BA or 39E to require a person to stop and submit, or resubmit, to the use of a hand held scanner.\n(sec.39H-ssec.2) The police officer must exercise the power in the least invasive way that is practicable in the circumstances.\n(sec.39H-ssec.3) The police officer may detain the person for so long as is reasonably necessary to exercise the power.\n(sec.39H-ssec.4) The police officer must— if requested by the person, inform the person of the police officer’s name, rank and station; and if requested by the person, provide the information mentioned in paragraph (a) in writing; and produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). See sections 29 and 30(1)(l) for the power to search a person without a warrant.\n(sec.39H-ssec.5) Section 637 does not apply if a police officer stops or detains a person under this part.\n- (a) if requested by the person, inform the person of the police officer’s name, rank and station; and\n- (b) if requested by the person, provide the information mentioned in paragraph (a) in writing; and\n- (c) produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and\n- (d) inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and\n- (e) inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). Note— See sections 29 and 30(1)(l) for the power to search a person without a warrant.","sortOrder":68},{"sectionNumber":"sec.39I","sectionType":"section","heading":null,"content":"### Section sec.39I\n\ns 39I ins 2023 No. 4 s 4\namd 2024 No. 45 s 34\nom 2025 No. 11 s 16","sortOrder":69},{"sectionNumber":"sec.39J","sectionType":"section","heading":null,"content":"### Section sec.39J\n\ns 39J ins 2023 No. 4 s 4\namd 2024 No. 45 s 35\nom 2025 No. 11 s 16","sortOrder":70},{"sectionNumber":"sec.39K","sectionType":"section","heading":"Effect of part on power to search person without warrant","content":"### sec.39K Effect of part on power to search person without warrant\n\nTo remove any doubt, it is declared that—\nthe power conferred by this part for a police officer to use a hand held scanner in relation to a person without a warrant does not confer power on a police officer to search a person without a warrant; and\nthis part does not affect the power of a police officer to search a person without a warrant under part 2 , division 2 .\ns 39K ins 2023 No. 4 s 4\n- (a) the power conferred by this part for a police officer to use a hand held scanner in relation to a person without a warrant does not confer power on a police officer to search a person without a warrant; and\n- (b) this part does not affect the power of a police officer to search a person without a warrant under part 2 , division 2 .","sortOrder":71},{"sectionNumber":"sec.39L","sectionType":"section","heading":null,"content":"### Section sec.39L\n\ns 39L ins 2023 No. 4 s 4\namd 2024 No. 45 s 36\nom 2025 No. 11 s 17","sortOrder":72},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Power to require name, address or age","content":"# Power to require name, address or age","sortOrder":73},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Powers relating to name and address","content":"## Powers relating to name and address","sortOrder":74},{"sectionNumber":"sec.40","sectionType":"section","heading":"Person may be required to state name and address","content":"### sec.40 Person may be required to state name and address\n\nA police officer may require a person to state the person’s correct name and address in prescribed circumstances.\nAlso, the police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence.\nA person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved—\nfor section 41 (a) or (b) —to have committed the offence; or\nfor section 41 (f) —to be the person named in the warrant, summons, order or court document; or\nfor section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or\nfor section 41 (i) or (j) —to have been able to help in the investigation.\nAlso, a person does not commit an offence against section 791 if—\nthe person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and\nno-one is proved to have committed an offence against that Act.\nIn this section—\naddress means current place of residence.\ns 40 amd 2000 No. 22 s 3 sch ; 2001 No. 20 s 53 ; 2003 No. 49 s 6 ; 2012 No. 5 s 223 ; 2013 No. 45 s 56 ; 2016 No. 62 s 312\n(sec.40-ssec.1) A police officer may require a person to state the person’s correct name and address in prescribed circumstances.\n(sec.40-ssec.2) Also, the police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence.\n(sec.40-ssec.3) A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved— for section 41 (a) or (b) —to have committed the offence; or for section 41 (f) —to be the person named in the warrant, summons, order or court document; or for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or for section 41 (i) or (j) —to have been able to help in the investigation.\n(sec.40-ssec.4) Also, a person does not commit an offence against section 791 if— the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and no-one is proved to have committed an offence against that Act.\n(sec.40-ssec.5) In this section— address means current place of residence.\n- (a) for section 41 (a) or (b) —to have committed the offence; or\n- (b) for section 41 (f) —to be the person named in the warrant, summons, order or court document; or\n- (c) for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or\n- (d) for section 41 (i) or (j) —to have been able to help in the investigation.\n- (a) the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and\n- (b) no-one is proved to have committed an offence against that Act.","sortOrder":75},{"sectionNumber":"sec.41","sectionType":"section","heading":"Prescribed circumstances for requiring name and address","content":"### sec.41 Prescribed circumstances for requiring name and address\n\nThe prescribed circumstances for requiring a person to state the person’s name and address are as follows—\na police officer finds the person committing an offence;\na police officer reasonably suspects the person has committed an offence, including an extradition offence;\na police officer is about to take—\nthe person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or\na DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ;\nan authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514 ;\na police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction;\na police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person—\na forensic procedure order or registered corresponding forensic procedure order; or\na summons; or\nanother court document;\na police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for this section;\na police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence;\na police officer reasonably suspects the person may be able to help in the investigation of—\ndomestic violence or associated domestic violence; or\na relevant vehicle incident;\na police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened;\nthe person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60 ;\nunder chapter 17 , a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person;\na police officer is about to give, is giving, or has given a person a police banning notice under chapter 19 , part 5A ;\na police officer is about to give, is giving, or has given a person any of the following under the Peace and Good Behaviour Act 1982 —\na public safety order;\na restricted premises order;\na fortification removal order;\na police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\ns 41 prev s 41 om 2006 No. 26 s 12\npres s 41 amd 2000 No. 22 s 5 ; 2003 No. 49 s 7 ; 2006 No. 26 s 7 ; 2012 No. 5 s 223 ; 2013 No. 45 s 57 ; 2014 No. 42 s 104 ; 2016 No. 62 s 313 ; 2020 No. 7 s 21\n- (a) a police officer finds the person committing an offence;\n- (b) a police officer reasonably suspects the person has committed an offence, including an extradition offence;\n- (c) a police officer is about to take— (i) the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or (ii) a DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ;\n- (i) the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or\n- (ii) a DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ;\n- (d) an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514 ;\n- (e) a police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction;\n- (f) a police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person— (i) a forensic procedure order or registered corresponding forensic procedure order; or (ii) a summons; or (iii) another court document;\n- (i) a forensic procedure order or registered corresponding forensic procedure order; or\n- (ii) a summons; or\n- (iii) another court document;\n- (g) a police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for this section;\n- (h) a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence;\n- (i) a police officer reasonably suspects the person may be able to help in the investigation of— (i) domestic violence or associated domestic violence; or (ii) a relevant vehicle incident;\n- (i) domestic violence or associated domestic violence; or\n- (ii) a relevant vehicle incident;\n- (j) a police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened;\n- (k) the person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60 ;\n- (l) under chapter 17 , a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person;\n- (m) a police officer is about to give, is giving, or has given a person a police banning notice under chapter 19 , part 5A ;\n- (n) a police officer is about to give, is giving, or has given a person any of the following under the Peace and Good Behaviour Act 1982 — (i) a public safety order; (ii) a restricted premises order; (iii) a fortification removal order;\n- (i) a public safety order;\n- (ii) a restricted premises order;\n- (iii) a fortification removal order;\n- (o) a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\n- (i) the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514 ; or\n- (ii) a DNA sample from the person under a DNA sample notice or an order made under section 484 , 485 , 488 or 514 ;\n- (i) a forensic procedure order or registered corresponding forensic procedure order; or\n- (ii) a summons; or\n- (iii) another court document;\n- (i) domestic violence or associated domestic violence; or\n- (ii) a relevant vehicle incident;\n- (i) a public safety order;\n- (ii) a restricted premises order;\n- (iii) a fortification removal order;","sortOrder":76},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Power to require identifying particulars of person for official warning for consorting","content":"### sec.41A Power to require identifying particulars of person for official warning for consorting\n\nThis section applies if—\na police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and\nthe police officer has required the person, under section 40 (2) , to give evidence of the correctness of the person’s stated name and address; and\nthe person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location.\nthe person’s vehicle, containing the person’s driver’s licence, parked nearby\nThe police officer may require the person to allow the police officer to take or photograph all or any of the person’s identifying particulars for the sole purpose of establishing the name, address and date of birth of the person.\nThe identifying particulars must be destroyed, in the presence of a justice, as soon as practicable after establishing the name, address and date of birth of the person.\nA person does not commit an offence against section 791 if—\nthe person was required to do something under subsection (2) ; and\nthe court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.\ns 41A ins 2016 No. 62 s 314\n(sec.41A-ssec.1) This section applies if— a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and the police officer has required the person, under section 40 (2) , to give evidence of the correctness of the person’s stated name and address; and the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location. the person’s vehicle, containing the person’s driver’s licence, parked nearby\n(sec.41A-ssec.2) The police officer may require the person to allow the police officer to take or photograph all or any of the person’s identifying particulars for the sole purpose of establishing the name, address and date of birth of the person.\n(sec.41A-ssec.3) The identifying particulars must be destroyed, in the presence of a justice, as soon as practicable after establishing the name, address and date of birth of the person.\n(sec.41A-ssec.4) A person does not commit an offence against section 791 if— the person was required to do something under subsection (2) ; and the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.\n- (a) a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and\n- (b) the police officer has required the person, under section 40 (2) , to give evidence of the correctness of the person’s stated name and address; and\n- (c) the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location. Example of another convenient location— the person’s vehicle, containing the person’s driver’s licence, parked nearby\n- (a) the person was required to do something under subsection (2) ; and\n- (b) the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.","sortOrder":77},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Powers relating to age","content":"## Powers relating to age","sortOrder":78},{"sectionNumber":"sec.42","sectionType":"section","heading":"Power for age-related offences and for particular motor vehicle related purposes","content":"### sec.42 Power for age-related offences and for particular motor vehicle related purposes\n\nThis section applies if—\na person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or\na person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or\nthe person’s age is relevant to any of the following—\ngiving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ;\ngiving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road;\nthe making of an application for an impounding order or a forfeiture order under chapter 4 ;\nthe making of an application under section 589 for a noise abatement order;\ndeciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction );\ndeciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ;\ngiving a person a police banning notice under chapter 19 , part 5A .\nThe age of a person is relevant to a person’s entitlement to be on licensed premises.\nThe age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club.\nA police officer may require a person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.\nAlso, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.\nIf a police officer asks a person to give evidence of the person’s date of birth and is not satisfied the person is old enough to be at the place or to engage in the activity, the police officer may direct the person—\nto immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or\nnot to engage in the activity.\nThe police officer may not be satisfied the person is old enough to be at a place because of the person’s apparent age if—\nthe person fails to provide evidence of the stated date of birth; or\nthe police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person.\nA passenger in a motor vehicle does not commit an offence against section 791 if the passenger was required to state the passenger’s correct date of birth for a reason mentioned in subsection (1) (c) (v) and the driver of the motor vehicle at the time of the alleged offence is not proved to have contravened a regulation restriction.\nA person in a motor vehicle does not commit an offence against section 791 if the person was required to state the person’s correct date of birth for deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 , and the other person is not proved to have contravened the section.\ns 42 amd 2005 No. 64 s 4 ; 2007 No. 27 s 9 ; 2009 No. 44 s 144 ; 2013 No. 45 s 58 ; 2013 No. 15 s 80 sch ; 2014 No. 42 s 105 ; 2016 No. 62 s 493 s ch 1 pt 2 ; 2020 No. 7 s 22 ; 1998 No. 1 s 240(3) (amd 2023 No. 16 s 64); 2024 No. 24 s 57 sch 1 pt 2\n(sec.42-ssec.1) This section applies if— a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or the person’s age is relevant to any of the following— giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ; giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road; the making of an application for an impounding order or a forfeiture order under chapter 4 ; the making of an application under section 589 for a noise abatement order; deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction ); deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ; giving a person a police banning notice under chapter 19 , part 5A . The age of a person is relevant to a person’s entitlement to be on licensed premises. The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club.\n(sec.42-ssec.2) A police officer may require a person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.\n(sec.42-ssec.3) Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.\n(sec.42-ssec.4) If a police officer asks a person to give evidence of the person’s date of birth and is not satisfied the person is old enough to be at the place or to engage in the activity, the police officer may direct the person— to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or not to engage in the activity. The police officer may not be satisfied the person is old enough to be at a place because of the person’s apparent age if— the person fails to provide evidence of the stated date of birth; or the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person.\n(sec.42-ssec.5) A passenger in a motor vehicle does not commit an offence against section 791 if the passenger was required to state the passenger’s correct date of birth for a reason mentioned in subsection (1) (c) (v) and the driver of the motor vehicle at the time of the alleged offence is not proved to have contravened a regulation restriction.\n(sec.42-ssec.6) A person in a motor vehicle does not commit an offence against section 791 if the person was required to state the person’s correct date of birth for deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 , and the other person is not proved to have contravened the section.\n- (a) a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or\n- (b) a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or\n- (c) the person’s age is relevant to any of the following— (i) giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ; (ii) giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road; (iii) the making of an application for an impounding order or a forfeiture order under chapter 4 ; (iv) the making of an application under section 589 for a noise abatement order; (v) deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction ); (vi) deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ; (vii) giving a person a police banning notice under chapter 19 , part 5A .\n- (i) giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ;\n- (ii) giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road;\n- (iii) the making of an application for an impounding order or a forfeiture order under chapter 4 ;\n- (iv) the making of an application under section 589 for a noise abatement order;\n- (v) deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction );\n- (vi) deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ;\n- (vii) giving a person a police banning notice under chapter 19 , part 5A .\n- (i) giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4 ;\n- (ii) giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road;\n- (iii) the making of an application for an impounding order or a forfeiture order under chapter 4 ;\n- (iv) the making of an application under section 589 for a noise abatement order;\n- (v) deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction );\n- (vi) deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998 , section 117 ;\n- (vii) giving a person a police banning notice under chapter 19 , part 5A .\n- 1 The age of a person is relevant to a person’s entitlement to be on licensed premises.\n- 2 The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club.\n- (a) to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or\n- (b) not to engage in the activity.\n- (a) the person fails to provide evidence of the stated date of birth; or\n- (b) the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person.","sortOrder":79},{"sectionNumber":"sec.43","sectionType":"section","heading":"Unlawful supply of smoking products to minors","content":"### sec.43 Unlawful supply of smoking products to minors\n\nThis section applies if a police officer—\neither—\nobserves a person being supplied a thing that the police officer reasonably suspects is a smoking product; or\nreasonably suspects a person has just been supplied a smoking product; and\nreasonably suspects the person is under 18 years.\nA police officer may—\nask the person to show acceptable evidence of age of the person; and\nrequire the person to produce the thing supplied to the person.\nThe police officer may seize the smoking product if—\nthe person either—\nrefuses, or is unable, to comply with the request; or\nshows acceptable evidence of age of the person showing the person is under 18 years; and\nthe police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998 .\nIn this section—\nacceptable evidence of age has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , section 10 .\nsmoking product has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , schedule 1 .\ns 43 amd 2001 No. 20 s 54 ; 2007 No. 1 s 14 ; 2016 No. 62 s 493 s ch 1 pt 1 ; 1998 No. 1 s 240 (3) (amd 2023 No. 16 s 64 )\n(sec.43-ssec.1) This section applies if a police officer— either— observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or reasonably suspects a person has just been supplied a smoking product; and reasonably suspects the person is under 18 years.\n(sec.43-ssec.2) A police officer may— ask the person to show acceptable evidence of age of the person; and require the person to produce the thing supplied to the person.\n(sec.43-ssec.3) The police officer may seize the smoking product if— the person either— refuses, or is unable, to comply with the request; or shows acceptable evidence of age of the person showing the person is under 18 years; and the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998 .\n(sec.43-ssec.4) In this section— acceptable evidence of age has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , section 10 . smoking product has the meaning given to it by the Tobacco and Other Smoking Products Act 1998 , schedule 1 .\n- (a) either— (i) observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or (ii) reasonably suspects a person has just been supplied a smoking product; and\n- (i) observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or\n- (ii) reasonably suspects a person has just been supplied a smoking product; and\n- (b) reasonably suspects the person is under 18 years.\n- (i) observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or\n- (ii) reasonably suspects a person has just been supplied a smoking product; and\n- (a) ask the person to show acceptable evidence of age of the person; and\n- (b) require the person to produce the thing supplied to the person.\n- (a) the person either— (i) refuses, or is unable, to comply with the request; or (ii) shows acceptable evidence of age of the person showing the person is under 18 years; and\n- (i) refuses, or is unable, to comply with the request; or\n- (ii) shows acceptable evidence of age of the person showing the person is under 18 years; and\n- (b) the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998 .\n- (i) refuses, or is unable, to comply with the request; or\n- (ii) shows acceptable evidence of age of the person showing the person is under 18 years; and","sortOrder":80},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Unlawful sale of controlled items or spray paint to minors","content":"### sec.43A Unlawful sale of controlled items or spray paint to minors\n\nThis section applies if—\na police officer—\nobserves a person being sold a thing that the officer reasonably suspects is a controlled item or spray paint; or\nreasonably suspects a person has just been sold a controlled item or spray paint; and\nthe officer reasonably suspects the person is under 18 years.\nThe police officer may—\nask the person to show acceptable evidence of age of the person; and\nrequire the person to produce the thing sold to the person.\nThe police officer may seize the thing if—\nthe person—\nrefuses, or is unable, to show acceptable evidence of age of the person; or\nshows acceptable evidence of age showing the person is under 18 years; and\nthe officer reasonably suspects the thing is evidence of an offence against the Summary Offences Act 2005 , section 19G , 19I , 23B or 23C .\nIn this section—\nacceptable evidence of age see the Summary Offences Act 2005 , schedule 2 .\ncontrolled item see the Summary Offences Act 2005 , section 19E .\nspray paint see the Summary Offences Act 2005 , schedule 2 .\ns 43A ins 2007 No. 1 s 15\nsub 2024 No. 1 s 4\n(sec.43A-ssec.1) This section applies if— a police officer— observes a person being sold a thing that the officer reasonably suspects is a controlled item or spray paint; or reasonably suspects a person has just been sold a controlled item or spray paint; and the officer reasonably suspects the person is under 18 years.\n(sec.43A-ssec.2) The police officer may— ask the person to show acceptable evidence of age of the person; and require the person to produce the thing sold to the person.\n(sec.43A-ssec.3) The police officer may seize the thing if— the person— refuses, or is unable, to show acceptable evidence of age of the person; or shows acceptable evidence of age showing the person is under 18 years; and the officer reasonably suspects the thing is evidence of an offence against the Summary Offences Act 2005 , section 19G , 19I , 23B or 23C .\n(sec.43A-ssec.4) In this section— acceptable evidence of age see the Summary Offences Act 2005 , schedule 2 . controlled item see the Summary Offences Act 2005 , section 19E . spray paint see the Summary Offences Act 2005 , schedule 2 .\n- (a) a police officer— (i) observes a person being sold a thing that the officer reasonably suspects is a controlled item or spray paint; or (ii) reasonably suspects a person has just been sold a controlled item or spray paint; and\n- (i) observes a person being sold a thing that the officer reasonably suspects is a controlled item or spray paint; or\n- (ii) reasonably suspects a person has just been sold a controlled item or spray paint; and\n- (b) the officer reasonably suspects the person is under 18 years.\n- (i) observes a person being sold a thing that the officer reasonably suspects is a controlled item or spray paint; or\n- (ii) reasonably suspects a person has just been sold a controlled item or spray paint; and\n- (a) ask the person to show acceptable evidence of age of the person; and\n- (b) require the person to produce the thing sold to the person.\n- (a) the person— (i) refuses, or is unable, to show acceptable evidence of age of the person; or (ii) shows acceptable evidence of age showing the person is under 18 years; and\n- (i) refuses, or is unable, to show acceptable evidence of age of the person; or\n- (ii) shows acceptable evidence of age showing the person is under 18 years; and\n- (b) the officer reasonably suspects the thing is evidence of an offence against the Summary Offences Act 2005 , section 19G , 19I , 23B or 23C .\n- (i) refuses, or is unable, to show acceptable evidence of age of the person; or\n- (ii) shows acceptable evidence of age showing the person is under 18 years; and","sortOrder":81},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Power to require date of birth of person for official warning for consorting","content":"### sec.43B Power to require date of birth of person for official warning for consorting\n\nThis section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\nThe police officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.\nAlso, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.\nA person does not commit an offence against section 791 if—\nthe person was required to do something under subsection (2) or (3) ; and\nthe court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.\ns 43B ins 2016 No. 62 s 315\n(sec.43B-ssec.1) This section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\n(sec.43B-ssec.2) The police officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.\n(sec.43B-ssec.3) Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.\n(sec.43B-ssec.4) A person does not commit an offence against section 791 if— the person was required to do something under subsection (2) or (3) ; and the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.\n- (a) the person was required to do something under subsection (2) or (3) ; and\n- (b) the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.","sortOrder":82},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Directions to move on","content":"# Directions to move on","sortOrder":83},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application of pt 5","content":"### sec.44 Application of pt 5\n\nThis part applies in relation to the following places ( regulated places )—\npublic places, including a public place in a safe night precinct;\nprescribed places that are not also public places.\ns 44 ins 2006 No. 26 s 8\namd 2014 No. 42 s 106\n- (a) public places, including a public place in a safe night precinct;\n- (b) prescribed places that are not also public places.","sortOrder":84},{"sectionNumber":"sec.45","sectionType":"section","heading":"Part does not apply to authorised public assemblies","content":"### sec.45 Part does not apply to authorised public assemblies\n\nThis part does not apply to an authorised public assembly under the Peaceful Assembly Act 1992 .\ns 45 amd 2003 No. 19 s 3 sch","sortOrder":85},{"sectionNumber":"sec.46","sectionType":"section","heading":"When power applies to behaviour","content":"### sec.46 When power applies to behaviour\n\nA police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been—\ncausing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or\ninterfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or\ndisorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or\ndisrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.\nIf the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in the part of the public place at or near where the person then is.\nIf the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in any public place located in the safe night precinct.\nSubsection (1) (b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.\nHowever, subsections (1) (b) and (3) do not limit subsection (1) (a) , (c) and (d) .\nFor this part, the person’s behaviour is a relevant act .\ns 46 amd 2006 No. 26 s 9 ; 2014 No. 42 s 107 ; 2023 No. 21 s 50A\n(sec.46-ssec.1) A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been— causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.\n(sec.46-ssec.2) If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in the part of the public place at or near where the person then is.\n(sec.46-ssec.2A) If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in any public place located in the safe night precinct.\n(sec.46-ssec.3) Subsection (1) (b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.\n(sec.46-ssec.4) However, subsections (1) (b) and (3) do not limit subsection (1) (a) , (c) and (d) .\n(sec.46-ssec.6) For this part, the person’s behaviour is a relevant act .\n- (a) causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or\n- (b) interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or\n- (c) disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or\n- (d) disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.","sortOrder":86},{"sectionNumber":"sec.47","sectionType":"section","heading":"When power applies to a person’s presence","content":"### sec.47 When power applies to a person’s presence\n\nA police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s presence is or has been—\ncausing anxiety to a person entering, at, or leaving the place, reasonably arising in all the circumstances; or\ninterfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or\ndisrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.\nIf the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s presence has or had the effect mentioned in subsection (1) (a) , (b) or (c) in the part of the public place at or near where the person then is.\nIf the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the place only if the person’s presence has or had the effect mentioned in subsection (1) (a) , (b) or (c) in any public place located in the safe night precinct.\nSubsection (1) (b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s presence.\nHowever, subsections (1) (b) and (3) do not limit subsection (1) (a) and (c) .\nFor this part, the person’s presence is a relevant act .\ns 47 amd 2006 No. 26 s 10 ; 2014 No. 42 s 108\n(sec.47-ssec.1) A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s presence is or has been— causing anxiety to a person entering, at, or leaving the place, reasonably arising in all the circumstances; or interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.\n(sec.47-ssec.2) If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s presence has or had the effect mentioned in subsection (1) (a) , (b) or (c) in the part of the public place at or near where the person then is.\n(sec.47-ssec.2A) If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the place only if the person’s presence has or had the effect mentioned in subsection (1) (a) , (b) or (c) in any public place located in the safe night precinct.\n(sec.47-ssec.3) Subsection (1) (b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s presence.\n(sec.47-ssec.4) However, subsections (1) (b) and (3) do not limit subsection (1) (a) and (c) .\n(sec.47-ssec.5) For this part, the person’s presence is a relevant act .\n- (a) causing anxiety to a person entering, at, or leaving the place, reasonably arising in all the circumstances; or\n- (b) interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or\n- (c) disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.","sortOrder":87},{"sectionNumber":"sec.48","sectionType":"section","heading":"Direction may be given to person","content":"### sec.48 Direction may be given to person\n\nA police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.\nIf a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.\nIf a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.\nIf a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.\nHowever, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—\npublic safety; or\npublic order; or\nthe protection of the rights and freedoms of other persons.\nthe rights and freedoms of the public to enjoy the place\nthe rights of persons to carry on lawful business in or in association with the place\nWithout limiting subsection (1) , a direction may require a person to do 1 of the following—\nleave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;\nleave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;\nmove from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.\nThe police officer must tell the person or group of persons the reasons for giving the direction.\ns 48 amd 2006 No. 26 s 11\n(sec.48-ssec.1) A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances. If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance. If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors. If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.\n(sec.48-ssec.2) However, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of— public safety; or public order; or the protection of the rights and freedoms of other persons. the rights and freedoms of the public to enjoy the place the rights of persons to carry on lawful business in or in association with the place\n(sec.48-ssec.3) Without limiting subsection (1) , a direction may require a person to do 1 of the following— leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours; leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours; move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.\n(sec.48-ssec.4) The police officer must tell the person or group of persons the reasons for giving the direction.\n- 1 If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.\n- 2 If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.\n- 3 If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.\n- (a) public safety; or\n- (b) public order; or\n- (c) the protection of the rights and freedoms of other persons.\n- 1 the rights and freedoms of the public to enjoy the place\n- 2 the rights of persons to carry on lawful business in or in association with the place\n- (a) leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;\n- (b) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;\n- (c) move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.","sortOrder":88},{"sectionNumber":"sec.49","sectionType":"section","heading":"Review","content":"### sec.49 Review\n\nThe CCC must review the use by police officers of powers under this part and prepare a report on the review.\nThe review must be started as soon as practicable after 31 December 2007.\nThe conduct of the review and the preparation of the report is a function of the CCC for the Crime and Corruption Act 2001 .\nIn the course of preparing the report, the CCC must consult with the Minister.\nThe CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.\ns 49 sub 2006 No. 26 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.49-ssec.1) The CCC must review the use by police officers of powers under this part and prepare a report on the review.\n(sec.49-ssec.2) The review must be started as soon as practicable after 31 December 2007.\n(sec.49-ssec.3) The conduct of the review and the preparation of the report is a function of the CCC for the Crime and Corruption Act 2001 .\n(sec.49-ssec.4) In the course of preparing the report, the CCC must consult with the Minister.\n(sec.49-ssec.5) The CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.","sortOrder":89},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Breaches of the peace, riots and prevention of offences","content":"# Breaches of the peace, riots and prevention of offences","sortOrder":90},{"sectionNumber":"sec.50","sectionType":"section","heading":"Dealing with breach of the peace","content":"### sec.50 Dealing with breach of the peace\n\nThis section applies if a police officer reasonably suspects—\na breach of the peace is happening or has happened; or\nthere is an imminent likelihood of a breach of the peace; or\nthere is a threatened breach of the peace.\nIt is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the breach of the peace happening or continuing, or the conduct that is the breach of the peace again happening, even though the conduct prevented might otherwise be lawful.\nThe police officer may detain a person until the need for the detention no longer exists.\nA person who pushes in to the front of a queue may be directed to go to the end of the queue.\nProperty that may be used in or for breaching the peace may be seized to prevent the breach.\nIt is lawful for a police officer—\nto receive into custody from a person the police officer reasonably believes has witnessed a breach of the peace, a person who has been lawfully detained under the Criminal Code , section 260 ; and\nto detain the person in custody for a reasonable time.\n(sec.50-ssec.1) This section applies if a police officer reasonably suspects— a breach of the peace is happening or has happened; or there is an imminent likelihood of a breach of the peace; or there is a threatened breach of the peace.\n(sec.50-ssec.2) It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the breach of the peace happening or continuing, or the conduct that is the breach of the peace again happening, even though the conduct prevented might otherwise be lawful. The police officer may detain a person until the need for the detention no longer exists. A person who pushes in to the front of a queue may be directed to go to the end of the queue. Property that may be used in or for breaching the peace may be seized to prevent the breach.\n(sec.50-ssec.3) It is lawful for a police officer— to receive into custody from a person the police officer reasonably believes has witnessed a breach of the peace, a person who has been lawfully detained under the Criminal Code , section 260 ; and to detain the person in custody for a reasonable time.\n- (a) a breach of the peace is happening or has happened; or\n- (b) there is an imminent likelihood of a breach of the peace; or\n- (c) there is a threatened breach of the peace.\n- 1 The police officer may detain a person until the need for the detention no longer exists.\n- 2 A person who pushes in to the front of a queue may be directed to go to the end of the queue.\n- 3 Property that may be used in or for breaching the peace may be seized to prevent the breach.\n- (a) to receive into custody from a person the police officer reasonably believes has witnessed a breach of the peace, a person who has been lawfully detained under the Criminal Code , section 260 ; and\n- (b) to detain the person in custody for a reasonable time.","sortOrder":91},{"sectionNumber":"sec.51","sectionType":"section","heading":"Prevention of riot","content":"### sec.51 Prevention of riot\n\nIt is lawful for a police officer to take the steps the police officer reasonably believes are necessary to suppress a riot.\nIt is lawful for a police officer, acting under reasonable orders given by a justice for suppressing a riot, to suppress a riot.\n(sec.51-ssec.1) It is lawful for a police officer to take the steps the police officer reasonably believes are necessary to suppress a riot.\n(sec.51-ssec.2) It is lawful for a police officer, acting under reasonable orders given by a justice for suppressing a riot, to suppress a riot.","sortOrder":92},{"sectionNumber":"sec.52","sectionType":"section","heading":"Prevention of offences—general","content":"### sec.52 Prevention of offences—general\n\nThis section applies if a police officer reasonably suspects an offence has been committed, is being committed, or is about to be committed.\nIt is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the commission, continuation or repetition of an offence.\nA police officer who reasonably suspects the way a person in the vicinity of a prisoner is acting threatens or is likely to threaten the security of the prisoner or the security or good order of the place where the prisoner is detained may require the person to leave the vicinity of the prisoner or the place of detention.\nA police officer may direct a person who is obstructing an ambulance officer acting under the authority of the Ambulance Service Act 1991 to leave the place where the person is and, if the person fails to leave, may use reasonably necessary force to remove the person.\nA police officer may remove or deface an obscene or indecent placard, picture, writing or advertisement attached to a place or thing if it contravenes an Act because it is visible to members of the public.\ns 52 amd 2002 No. 47 s 87\n(sec.52-ssec.1) This section applies if a police officer reasonably suspects an offence has been committed, is being committed, or is about to be committed.\n(sec.52-ssec.2) It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the commission, continuation or repetition of an offence. A police officer who reasonably suspects the way a person in the vicinity of a prisoner is acting threatens or is likely to threaten the security of the prisoner or the security or good order of the place where the prisoner is detained may require the person to leave the vicinity of the prisoner or the place of detention. A police officer may direct a person who is obstructing an ambulance officer acting under the authority of the Ambulance Service Act 1991 to leave the place where the person is and, if the person fails to leave, may use reasonably necessary force to remove the person. A police officer may remove or deface an obscene or indecent placard, picture, writing or advertisement attached to a place or thing if it contravenes an Act because it is visible to members of the public.\n- 1 A police officer may direct a person who is obstructing an ambulance officer acting under the authority of the Ambulance Service Act 1991 to leave the place where the person is and, if the person fails to leave, may use reasonably necessary force to remove the person.\n- 2 A police officer may remove or deface an obscene or indecent placard, picture, writing or advertisement attached to a place or thing if it contravenes an Act because it is visible to members of the public.","sortOrder":93},{"sectionNumber":"sec.53","sectionType":"section","heading":"Prevention of particular offences relating to liquor","content":"### sec.53 Prevention of particular offences relating to liquor\n\nSubsection (2) applies if—\na police officer reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place—\nLiquor Act 1992 , section 157 (2) , 164 , 168B , 168C or 173B ;\nAboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 (2) (e) or (3) (e) or (f) ; and\nthe police officer reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person.\nThe police officer may seize—\nthe opened container and its contents; and\nany unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned in subsection (1) at the place by the person or another person.\nAlso, if—\na police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992 , section 156 (2) at a place; and\nthe police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person;\nthe police officer may seize the liquor, including any container of the liquor.\nA police officer may dispose of anything seized under subsection (2) or subsection (2A) in the way the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence.\nThe police officer may empty an opened can of beer found by the police officer being consumed by a person in contravention of a provision mentioned in subsection (1) or an unopened can of beer likely to be consumed in contravention of a provision mentioned in subsection (1) .\nIf the police officer exercises the power under subsection (2) or subsection (2A) —\nthe thing is taken to have been forfeited to the State immediately after the officer seized it; and\nchapter 21 , part 2 , division 3 and chapter 21 , part 3 do not apply to the thing.\nFor this section, a reference in a provision of an Act mentioned in subsection (1) or subsection (2A) to alcohol or liquor is taken to include a reference to methylated spirits.\nIn this section—\nliquor means—\nliquor, as defined in the Liquor Act 1992 , section 4B ; or\nmethylated spirits.\nopened container includes a container that has been opened, even if it is closed at the material time and regardless of whether or not some of its contents have been removed.\ns 53 ins 2002 No. 47 s 88\namd 2002 No. 47 s 89 ; 2003 No. 92 s 4 ; 2004 No. 38 s 26 ; 2004 No. 37 s 86 sch 1 ; 2007 No. 1 s 11 sch 1 ; 2007 No. 59 s 152 sch ; 2008 No. 30 s 46 ; 2008 No. 48 s 57 ; 2018 No. 27 s 106\n(sec.53-ssec.1) Subsection (2) applies if— a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place— Liquor Act 1992 , section 157 (2) , 164 , 168B , 168C or 173B ; Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 (2) (e) or (3) (e) or (f) ; and the police officer reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person.\n(sec.53-ssec.2) The police officer may seize— the opened container and its contents; and any unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned in subsection (1) at the place by the person or another person.\n(sec.53-ssec.2A) Also, if— a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992 , section 156 (2) at a place; and the police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person; the police officer may seize the liquor, including any container of the liquor.\n(sec.53-ssec.3) A police officer may dispose of anything seized under subsection (2) or subsection (2A) in the way the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence. The police officer may empty an opened can of beer found by the police officer being consumed by a person in contravention of a provision mentioned in subsection (1) or an unopened can of beer likely to be consumed in contravention of a provision mentioned in subsection (1) .\n(sec.53-ssec.4) If the police officer exercises the power under subsection (2) or subsection (2A) — the thing is taken to have been forfeited to the State immediately after the officer seized it; and chapter 21 , part 2 , division 3 and chapter 21 , part 3 do not apply to the thing.\n(sec.53-ssec.5) For this section, a reference in a provision of an Act mentioned in subsection (1) or subsection (2A) to alcohol or liquor is taken to include a reference to methylated spirits.\n(sec.53-ssec.6) In this section— liquor means— liquor, as defined in the Liquor Act 1992 , section 4B ; or methylated spirits. opened container includes a container that has been opened, even if it is closed at the material time and regardless of whether or not some of its contents have been removed.\n- (a) a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place— (i) Liquor Act 1992 , section 157 (2) , 164 , 168B , 168C or 173B ; (ii) Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 (2) (e) or (3) (e) or (f) ; and\n- (i) Liquor Act 1992 , section 157 (2) , 164 , 168B , 168C or 173B ;\n- (ii) Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 (2) (e) or (3) (e) or (f) ; and\n- (b) the police officer reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person.\n- (i) Liquor Act 1992 , section 157 (2) , 164 , 168B , 168C or 173B ;\n- (ii) Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 (2) (e) or (3) (e) or (f) ; and\n- (a) the opened container and its contents; and\n- (b) any unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned in subsection (1) at the place by the person or another person.\n- (a) a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992 , section 156 (2) at a place; and\n- (b) the police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person;\n- (a) the thing is taken to have been forfeited to the State immediately after the officer seized it; and\n- (b) chapter 21 , part 2 , division 3 and chapter 21 , part 3 do not apply to the thing.\n- (a) liquor, as defined in the Liquor Act 1992 , section 4B ; or\n- (b) methylated spirits.","sortOrder":94},{"sectionNumber":"sec.53A","sectionType":"section","heading":"Seizure of liquor from a minor in particular circumstances","content":"### sec.53A Seizure of liquor from a minor in particular circumstances\n\nThis section applies if a police officer—\nis lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and\nfinds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and\nreasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor.\nThe police may seize the liquor, including any container of the liquor, (the seized thing ) and dispose of it in the way the police officer considers reasonably necessary.\nFor subsection (2) , the police officer may continue to stay at the place and re-enter the place for the time reasonably necessary to remove the seized thing, even though to continue to stay or to re-enter, apart from this section, would be trespass.\nFor subsection (1) the following matters are to be decided on the same basis as the matters are decided under the Liquor Act 1992 , section 156A —\nwhether or not a person is a minor;\nwhether or not a minor is being responsibly supervised;\nwhether or not an adult is a responsible adult for a minor.\nIf the police officer exercises the power under subsection (2) to seize a thing—\nthe seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and\nchapter 21 , part 2 , division 3 and chapter 21 , part 3 do not apply to the seized thing.\nIn this section—\nliquor has the same meaning as it has in section 53 .\ns 53A ins 2008 No. 48 s 58\n(sec.53A-ssec.1) This section applies if a police officer— is lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and finds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and reasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor.\n(sec.53A-ssec.2) The police may seize the liquor, including any container of the liquor, (the seized thing ) and dispose of it in the way the police officer considers reasonably necessary.\n(sec.53A-ssec.3) For subsection (2) , the police officer may continue to stay at the place and re-enter the place for the time reasonably necessary to remove the seized thing, even though to continue to stay or to re-enter, apart from this section, would be trespass.\n(sec.53A-ssec.4) For subsection (1) the following matters are to be decided on the same basis as the matters are decided under the Liquor Act 1992 , section 156A — whether or not a person is a minor; whether or not a minor is being responsibly supervised; whether or not an adult is a responsible adult for a minor.\n(sec.53A-ssec.5) If the police officer exercises the power under subsection (2) to seize a thing— the seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and chapter 21 , part 2 , division 3 and chapter 21 , part 3 do not apply to the seized thing.\n(sec.53A-ssec.6) In this section— liquor has the same meaning as it has in section 53 .\n- (a) is lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and\n- (b) finds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and\n- (c) reasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor.\n- (a) whether or not a person is a minor;\n- (b) whether or not a minor is being responsibly supervised;\n- (c) whether or not an adult is a responsible adult for a minor.\n- (a) the seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and\n- (b) chapter 21 , part 2 , division 3 and chapter 21 , part 3 do not apply to the seized thing.","sortOrder":95},{"sectionNumber":"sec.53AA","sectionType":"section","heading":"Seizure and disposal of dangerous attachment devices","content":"### sec.53AA Seizure and disposal of dangerous attachment devices\n\nThis section applies if a police officer—\nfinds a dangerous attachment device; and\nreasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.\nFor subsection (1) (b) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use—\nunreasonably interferes with the ordinary operation of transport infrastructure; or\nplacing an obstacle, on a railway, that stops the passage of rolling stock\nstops a person from entering or leaving a place of business; or\ncauses a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\nThe police officer may do 1 or both of the following—\ndeactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary;\nseize all or parts of the dangerous attachment device.\nIf the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it.\nTo remove any doubt, it is declared that a police officer may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts.\nIn this section—\ndeactivate , a dangerous attachment device, includes to make the device safe or unusable.\ntransport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\ns 53AA ins 2019 No. 35 s 5\n(sec.53AA-ssec.1) This section applies if a police officer— finds a dangerous attachment device; and reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.\n(sec.53AA-ssec.2) For subsection (1) (b) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\n(sec.53AA-ssec.3) The police officer may do 1 or both of the following— deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary; seize all or parts of the dangerous attachment device.\n(sec.53AA-ssec.4) If the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it.\n(sec.53AA-ssec.5) To remove any doubt, it is declared that a police officer may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts.\n(sec.53AA-ssec.6) In this section— deactivate , a dangerous attachment device, includes to make the device safe or unusable. transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\n- (a) finds a dangerous attachment device; and\n- (b) reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.\n- (a) unreasonably interferes with the ordinary operation of transport infrastructure; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock\n- (b) stops a person from entering or leaving a place of business; or\n- (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\n- (a) deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary;\n- (b) seize all or parts of the dangerous attachment device.","sortOrder":96},{"sectionNumber":"sec.53B","sectionType":"section","heading":"Entry powers for vehicles referred to in ss 53 and 53A","content":"### sec.53B Entry powers for vehicles referred to in ss 53 and 53A\n\nIf a place where a police officer is exercising a power under section 53 or section 53A is outside a vehicle that is not being used as a dwelling, the police officer’s powers for the section include the power to enter the vehicle to exercise a power under the section within the vehicle.\ns 53B ins 2008 No. 48 s 58","sortOrder":97},{"sectionNumber":"ch.2-pt.6A","sectionType":"part","heading":"Prevention of criminal consorting","content":"# Prevention of criminal consorting","sortOrder":98},{"sectionNumber":"sec.53BAA","sectionType":"section","heading":"Definitions for part","content":"### sec.53BAA Definitions for part\n\nIn this part—\nconsort —\nhas the meaning given by the Criminal Code , section 77A ; and\ndoes not include an act of consorting mentioned in the Criminal Code , section 77C that is reasonable in the circumstances.\noffence of habitually consorting means an offence against the Criminal Code , section 77B .\nofficial warning , for consorting, means a warning given in person, whether orally or in writing, that—\na stated person is a recognised offender; and\nconsorting with the stated person on a further occasion may lead to the commission of the offence of habitually consorting.\nrecognised offender means a recognised offender who is at least 18 years.\ns 53BAA ins 2016 No. 62 s 316\n- (a) has the meaning given by the Criminal Code , section 77A ; and\n- (b) does not include an act of consorting mentioned in the Criminal Code , section 77C that is reasonable in the circumstances.\n- (a) a stated person is a recognised offender; and\n- (b) consorting with the stated person on a further occasion may lead to the commission of the offence of habitually consorting.","sortOrder":99},{"sectionNumber":"sec.53BAB","sectionType":"section","heading":"Part does not apply to child","content":"### sec.53BAB Part does not apply to child\n\nAn official warning may not be given to a child.\ns 53BAB ins 2016 No. 62 s 316","sortOrder":100},{"sectionNumber":"sec.53BAC","sectionType":"section","heading":"Police powers for giving official warning for consorting","content":"### sec.53BAC Police powers for giving official warning for consorting\n\nThis section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\nThe police officer may stop the person and require the person to remain at the place where the person is stopped for the time reasonably necessary for the police officer to do any or all of the following—\nconfirm or deny the police officer’s suspicion, including, for example, by exercising a power under section 40 or 43B ;\ngive the person an official warning for consorting;\nif the official warning is given orally—confirm under subsection (5) the official warning.\nFailure to comply with a requirement given under this subsection is an offence against section 791 .\nHowever, before giving an official warning under subsection (2) (b) , the police officer must consider whether it is appropriate to give the warning having regard to the object of disrupting and preventing criminal activity by deterring recognised offenders from establishing, maintaining or expanding a criminal network.\nIf an official warning for consorting is given in writing, the warning must be in the approved form.\nIf an official warning for consorting is given orally, the police officer must, within 72 hours after giving the warning orally, confirm the warning by giving it, in the approved form, to the person in the prescribed way.\nUnless the contrary is proved—\nan approved form given by post is taken to have been received by the person to whom the form was addressed when the form would have been delivered in the ordinary course of post; and\nan approved form given by electronic communication is taken to have been received by the person to whom the form was sent on the day the form was sent to the unique electronic address nominated by the person to a police officer.\nIf practicable, the giving of an official warning under subsection (2) (b) must be electronically recorded.\nTo remove any doubt, it is declared that—\nan official warning for consorting may be given to a person in relation to a recognised offender before, during or after the person has consorted with the recognised offender; and\na failure to comply with subsection (3) does not affect the validity of an official warning for consorting.\nIn this section—\ncriminal activity means the commission of a relevant offence under the Criminal Code , section 77 .\nprescribed way , for giving an approved form to a person, means—\ndelivering the form to the person personally; or\nsending the form by electronic communication to the unique electronic address nominated by the person to a police officer; or\nsending the form by post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person.\nrecognised offender includes a person who a police officer reasonably suspects is a recognised offender.\nA police officer reasonably suspects a person has been convicted of an indictable offence. The police officer is unable to confirm the nature of the indictable offence, or whether the conviction is spent, due to the unavailability of the person’s complete criminal history or the application of the Criminal Law (Rehabilitation of Offenders) Act 1986 . However, the police officer reasonably suspects the person is a recognised offender.\ns 53BAC ins 2016 No. 62 s 316\namd 2021 No. 7 s 47 ; 2022 No. 4 s 6\n(sec.53BAC-ssec.1) This section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.\n(sec.53BAC-ssec.2) The police officer may stop the person and require the person to remain at the place where the person is stopped for the time reasonably necessary for the police officer to do any or all of the following— confirm or deny the police officer’s suspicion, including, for example, by exercising a power under section 40 or 43B ; give the person an official warning for consorting; if the official warning is given orally—confirm under subsection (5) the official warning. Failure to comply with a requirement given under this subsection is an offence against section 791 .\n(sec.53BAC-ssec.3) However, before giving an official warning under subsection (2) (b) , the police officer must consider whether it is appropriate to give the warning having regard to the object of disrupting and preventing criminal activity by deterring recognised offenders from establishing, maintaining or expanding a criminal network.\n(sec.53BAC-ssec.4) If an official warning for consorting is given in writing, the warning must be in the approved form.\n(sec.53BAC-ssec.5) If an official warning for consorting is given orally, the police officer must, within 72 hours after giving the warning orally, confirm the warning by giving it, in the approved form, to the person in the prescribed way.\n(sec.53BAC-ssec.6) Unless the contrary is proved— an approved form given by post is taken to have been received by the person to whom the form was addressed when the form would have been delivered in the ordinary course of post; and an approved form given by electronic communication is taken to have been received by the person to whom the form was sent on the day the form was sent to the unique electronic address nominated by the person to a police officer.\n(sec.53BAC-ssec.7) If practicable, the giving of an official warning under subsection (2) (b) must be electronically recorded.\n(sec.53BAC-ssec.8) To remove any doubt, it is declared that— an official warning for consorting may be given to a person in relation to a recognised offender before, during or after the person has consorted with the recognised offender; and a failure to comply with subsection (3) does not affect the validity of an official warning for consorting.\n(sec.53BAC-ssec.9) In this section— criminal activity means the commission of a relevant offence under the Criminal Code , section 77 . prescribed way , for giving an approved form to a person, means— delivering the form to the person personally; or sending the form by electronic communication to the unique electronic address nominated by the person to a police officer; or sending the form by post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person. recognised offender includes a person who a police officer reasonably suspects is a recognised offender. A police officer reasonably suspects a person has been convicted of an indictable offence. The police officer is unable to confirm the nature of the indictable offence, or whether the conviction is spent, due to the unavailability of the person’s complete criminal history or the application of the Criminal Law (Rehabilitation of Offenders) Act 1986 . However, the police officer reasonably suspects the person is a recognised offender.\n- (a) confirm or deny the police officer’s suspicion, including, for example, by exercising a power under section 40 or 43B ;\n- (b) give the person an official warning for consorting;\n- (c) if the official warning is given orally—confirm under subsection (5) the official warning. Note— Failure to comply with a requirement given under this subsection is an offence against section 791 .\n- (a) an approved form given by post is taken to have been received by the person to whom the form was addressed when the form would have been delivered in the ordinary course of post; and\n- (b) an approved form given by electronic communication is taken to have been received by the person to whom the form was sent on the day the form was sent to the unique electronic address nominated by the person to a police officer.\n- (a) an official warning for consorting may be given to a person in relation to a recognised offender before, during or after the person has consorted with the recognised offender; and\n- (b) a failure to comply with subsection (3) does not affect the validity of an official warning for consorting.\n- (a) delivering the form to the person personally; or\n- (b) sending the form by electronic communication to the unique electronic address nominated by the person to a police officer; or\n- (c) sending the form by post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person.","sortOrder":101},{"sectionNumber":"sec.53BAD","sectionType":"section","heading":"Effect of official warning for consorting","content":"### sec.53BAD Effect of official warning for consorting\n\nAn official warning for consorting given in relation to a stated person who is a recognised offender has effect until the stated person stops being a recognised offender.\nHowever, if an official warning for consorting is given orally, and the warning is not confirmed under section 53BAC (5) , the official warning stops having effect 72 hours after it is given.\nAlso, if an official warning for consorting is given in relation to a stated person who is not a recognised offender, the official warning stops having effect 24 hours after it is given.\nA person does not commit an offence against section 791 if—\nthe person was required to do something under section 53BAC (2) ; and\nthe court is not satisfied the police officer, at the time of making the requirement, had the suspicion mentioned in section 53BAC (1) .\ns 53BAD ins 2016 No. 62 s 316\n(sec.53BAD-ssec.1) An official warning for consorting given in relation to a stated person who is a recognised offender has effect until the stated person stops being a recognised offender.\n(sec.53BAD-ssec.2) However, if an official warning for consorting is given orally, and the warning is not confirmed under section 53BAC (5) , the official warning stops having effect 72 hours after it is given.\n(sec.53BAD-ssec.3) Also, if an official warning for consorting is given in relation to a stated person who is not a recognised offender, the official warning stops having effect 24 hours after it is given.\n(sec.53BAD-ssec.4) A person does not commit an offence against section 791 if— the person was required to do something under section 53BAC (2) ; and the court is not satisfied the police officer, at the time of making the requirement, had the suspicion mentioned in section 53BAC (1) .\n- (a) the person was required to do something under section 53BAC (2) ; and\n- (b) the court is not satisfied the police officer, at the time of making the requirement, had the suspicion mentioned in section 53BAC (1) .","sortOrder":102},{"sectionNumber":"sec.53BAE","sectionType":"section","heading":"Prevention of consorting with recognised offender","content":"### sec.53BAE Prevention of consorting with recognised offender\n\nThis section applies if—\na police officer has given a person at a place an official warning for consorting; and\nthe police officer reasonably suspects the person is consorting at the place with the person stated in the official warning.\nThe police officer may require the person to leave the place and not return or be within the place within a stated reasonable time of not more than 24 hours.\nFailure to comply with a requirement given under this subsection is an offence against section 791 .\nHowever, subsection (2) does not apply if requiring the person to leave the place may endanger the safety of the person or someone else.\na requirement for a person to leave a vehicle in which recognised offenders are passengers in circumstances in which the person has no access to other transport\nA person does not commit an offence against section 791 if—\nthe person was required to leave a place under subsection (2) ; and\nthe court is not satisfied the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.\ns 53BAE ins 2016 No. 62 s 316\n(sec.53BAE-ssec.1) This section applies if— a police officer has given a person at a place an official warning for consorting; and the police officer reasonably suspects the person is consorting at the place with the person stated in the official warning.\n(sec.53BAE-ssec.2) The police officer may require the person to leave the place and not return or be within the place within a stated reasonable time of not more than 24 hours. Failure to comply with a requirement given under this subsection is an offence against section 791 .\n(sec.53BAE-ssec.3) However, subsection (2) does not apply if requiring the person to leave the place may endanger the safety of the person or someone else. a requirement for a person to leave a vehicle in which recognised offenders are passengers in circumstances in which the person has no access to other transport\n(sec.53BAE-ssec.4) A person does not commit an offence against section 791 if— the person was required to leave a place under subsection (2) ; and the court is not satisfied the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.\n- (a) a police officer has given a person at a place an official warning for consorting; and\n- (b) the police officer reasonably suspects the person is consorting at the place with the person stated in the official warning.\n- (a) the person was required to leave a place under subsection (2) ; and\n- (b) the court is not satisfied the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.","sortOrder":103},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Out-of-control events","content":"# Out-of-control events","sortOrder":104},{"sectionNumber":"ch.2-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":105},{"sectionNumber":"sec.53BA","sectionType":"section","heading":"Additional powers","content":"### sec.53BA Additional powers\n\nThe powers a police officer has under this part are additional to, and are not limited by, the powers a police officer otherwise has under this Act or another Act.\ns 53BA ins 2014 No. 1 s 4","sortOrder":106},{"sectionNumber":"sec.53BB","sectionType":"section","heading":"What is an out-of-control event","content":"### sec.53BB What is an out-of-control event\n\nAn event becomes an out-of-control event if—\n12 or more persons are gathered together at a place (an event ); and\n3 or more persons associated with the event engage in out-of-control conduct at or near the event; and\nthe out-of-control conduct would cause a person at or near the event—\nto reasonably fear violence to a person or damage to property; or\nto reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.\nHowever, each of the following is not an out-of-control event—\na licensed event;\na major event;\nan event that is primarily for the purposes of political advocacy, protest or industrial action;\nan authorised public assembly under the Peaceful Assembly Act 1992 , section 7 ;\nany event held at a major sports facility under the Major Sports Facilities Act 2001 , section 4 ;\nan event prescribed by regulation.\nFor applying subsection (1) , it is immaterial whether there is or is likely to be a person who—\nfears the things mentioned in subsection (1) (c) (i) ; or\nsuffers in the way mentioned in subsection (1) (c) (ii) .\ns 53BB ins 2014 No. 1 s 4\namd 2014 No. 60 s 97\n(sec.53BB-ssec.1) An event becomes an out-of-control event if— 12 or more persons are gathered together at a place (an event ); and 3 or more persons associated with the event engage in out-of-control conduct at or near the event; and the out-of-control conduct would cause a person at or near the event— to reasonably fear violence to a person or damage to property; or to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.\n(sec.53BB-ssec.2) However, each of the following is not an out-of-control event— a licensed event; a major event; an event that is primarily for the purposes of political advocacy, protest or industrial action; an authorised public assembly under the Peaceful Assembly Act 1992 , section 7 ; any event held at a major sports facility under the Major Sports Facilities Act 2001 , section 4 ; an event prescribed by regulation.\n(sec.53BB-ssec.3) For applying subsection (1) , it is immaterial whether there is or is likely to be a person who— fears the things mentioned in subsection (1) (c) (i) ; or suffers in the way mentioned in subsection (1) (c) (ii) .\n- (a) 12 or more persons are gathered together at a place (an event ); and\n- (b) 3 or more persons associated with the event engage in out-of-control conduct at or near the event; and\n- (c) the out-of-control conduct would cause a person at or near the event— (i) to reasonably fear violence to a person or damage to property; or (ii) to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.\n- (i) to reasonably fear violence to a person or damage to property; or\n- (ii) to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.\n- (i) to reasonably fear violence to a person or damage to property; or\n- (ii) to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.\n- (a) a licensed event;\n- (b) a major event;\n- (c) an event that is primarily for the purposes of political advocacy, protest or industrial action;\n- (d) an authorised public assembly under the Peaceful Assembly Act 1992 , section 7 ;\n- (e) any event held at a major sports facility under the Major Sports Facilities Act 2001 , section 4 ;\n- (f) an event prescribed by regulation.\n- (a) fears the things mentioned in subsection (1) (c) (i) ; or\n- (b) suffers in the way mentioned in subsection (1) (c) (ii) .","sortOrder":107},{"sectionNumber":"sec.53BC","sectionType":"section","heading":"What is out-of-control conduct","content":"### sec.53BC What is out-of-control conduct\n\nThe following conduct is out-of-control conduct —\nunlawfully entering, or remaining in, a place or threatening to enter a place;\nbehaving in a disorderly, offensive, threatening or violent way;\nusing offensive, obscene, indecent, abusive or threatening language\ntaking part in a fight\nunlawfully assaulting, or threatening to assault, a person;\nunlawfully destroying or damaging, or threatening to destroy or damage, property;\nwilfully exposing a person’s genitals or doing an indecent act;\ncausing or contributing to the emission of excessive noise mentioned in section 576 (1) ;\ndriving a motor vehicle in a way that causes a burn out within the meaning of section 69 ;\nunlawfully lighting fires or using fireworks;\nthrowing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of a person;\nunreasonably obstructing the path of a vehicle or pedestrian;\nlittering in a way that causes, or is likely to cause, harm to a person, property or the environment;\nbeing intoxicated in a public place;\nconduct that would contravene the Liquor Act 1992 , part 6 ;\nconduct that would contravene the Drugs Misuse Act 1986 , part 2 .\ns 53BC ins 2014 No. 1 s 4\namd 2014 No. 42 s 109\n- (a) unlawfully entering, or remaining in, a place or threatening to enter a place;\n- (b) behaving in a disorderly, offensive, threatening or violent way; Examples for paragraph (b) — • using offensive, obscene, indecent, abusive or threatening language • taking part in a fight\n- • using offensive, obscene, indecent, abusive or threatening language\n- • taking part in a fight\n- (c) unlawfully assaulting, or threatening to assault, a person;\n- (d) unlawfully destroying or damaging, or threatening to destroy or damage, property;\n- (e) wilfully exposing a person’s genitals or doing an indecent act;\n- (f) causing or contributing to the emission of excessive noise mentioned in section 576 (1) ;\n- (g) driving a motor vehicle in a way that causes a burn out within the meaning of section 69 ;\n- (h) unlawfully lighting fires or using fireworks;\n- (i) throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of a person;\n- (j) unreasonably obstructing the path of a vehicle or pedestrian;\n- (k) littering in a way that causes, or is likely to cause, harm to a person, property or the environment;\n- (l) being intoxicated in a public place;\n- (m) conduct that would contravene the Liquor Act 1992 , part 6 ;\n- (n) conduct that would contravene the Drugs Misuse Act 1986 , part 2 .\n- • using offensive, obscene, indecent, abusive or threatening language\n- • taking part in a fight","sortOrder":108},{"sectionNumber":"sec.53BD","sectionType":"section","heading":"Other definitions for pt 7","content":"### sec.53BD Other definitions for pt 7\n\nIn this part—\nassociated , with an event, means a person who—\nis at the event; or\nis near the event and is reasonably suspected by a police officer of either—\nintending to go to the event, whether or not the person was invited to attend the event; or\nleaving the event.\ncommissioner’s reasonable costs means the reasonable costs of the commissioner for lawful action taken by the police service under this part, including costs for ending an event or dispersing persons from the event.\nevent see section 53BB (1) (a) .\nevent authorisation see section 53BE (1) .\nlicensed event means an event held at premises to which any 1 of the following licenses or permits under the Liquor Act 1992 applies—\na commercial hotel licence;\na commercial special facility licence;\na commercial other licence;\na community club licence;\na commercial public event permit;\nan extended hours permit;\nan adult entertainment permit.\norganise , an event, means being substantially involved in arranging, hosting, managing, advertising or promoting the event.\nout-of-control event power means a power, under section 53BG , for a police officer to take action for an event.\nparent includes a guardian other than the chief executive (child safety).\nsenior police officer means a police officer of at least the rank of sergeant.\ns 53BD ins 2014 No. 1 s 4\n- (a) is at the event; or\n- (b) is near the event and is reasonably suspected by a police officer of either— (i) intending to go to the event, whether or not the person was invited to attend the event; or (ii) leaving the event.\n- (i) intending to go to the event, whether or not the person was invited to attend the event; or\n- (ii) leaving the event.\n- (i) intending to go to the event, whether or not the person was invited to attend the event; or\n- (ii) leaving the event.\n- (a) a commercial hotel licence;\n- (b) a commercial special facility licence;\n- (c) a commercial other licence;\n- (d) a community club licence;\n- (e) a commercial public event permit;\n- (f) an extended hours permit;\n- (g) an adult entertainment permit.","sortOrder":109},{"sectionNumber":"ch.2-pt.7-div.2","sectionType":"division","heading":"Powers for out-of-control events","content":"## Powers for out-of-control events","sortOrder":110},{"sectionNumber":"sec.53BE","sectionType":"section","heading":"Authorisation by senior police officer","content":"### sec.53BE Authorisation by senior police officer\n\nA senior police officer may authorise the use of out-of-control event powers (an event authorisation ) in relation to an event if the police officer reasonably believes—\nthe event is an out-of-control event; or\nthe event is likely to become an out-of-control event.\nThe event authorisation must be written and state the following—\nthe date and time the authorisation is given;\nthe location of the event;\nthe circumstances that led the senior police officer to authorise using the out-of-control event powers in relation to the event;\nthe restrictions, if any, on using the out-of-control event powers in relation to the event.\nHowever, the event authorisation is not invalid merely because it is not in writing if the senior police officer makes a written record as required under subsection (2) at the first reasonable opportunity after a police officer exercises an out-of-control event power under the authorisation.\nThe event authorisation has effect for 24 hours or a lesser period decided, after the authorisation is given, by—\nthe senior police officer who gave the authorisation; or\nanother senior police officer.\ns 53BE ins 2014 No. 1 s 4\n(sec.53BE-ssec.1) A senior police officer may authorise the use of out-of-control event powers (an event authorisation ) in relation to an event if the police officer reasonably believes— the event is an out-of-control event; or the event is likely to become an out-of-control event.\n(sec.53BE-ssec.2) The event authorisation must be written and state the following— the date and time the authorisation is given; the location of the event; the circumstances that led the senior police officer to authorise using the out-of-control event powers in relation to the event; the restrictions, if any, on using the out-of-control event powers in relation to the event.\n(sec.53BE-ssec.3) However, the event authorisation is not invalid merely because it is not in writing if the senior police officer makes a written record as required under subsection (2) at the first reasonable opportunity after a police officer exercises an out-of-control event power under the authorisation.\n(sec.53BE-ssec.4) The event authorisation has effect for 24 hours or a lesser period decided, after the authorisation is given, by— the senior police officer who gave the authorisation; or another senior police officer.\n- (a) the event is an out-of-control event; or\n- (b) the event is likely to become an out-of-control event.\n- (a) the date and time the authorisation is given;\n- (b) the location of the event;\n- (c) the circumstances that led the senior police officer to authorise using the out-of-control event powers in relation to the event;\n- (d) the restrictions, if any, on using the out-of-control event powers in relation to the event.\n- (a) the senior police officer who gave the authorisation; or\n- (b) another senior police officer.","sortOrder":111},{"sectionNumber":"sec.53BF","sectionType":"section","heading":"Use of powers only if authorised","content":"### sec.53BF Use of powers only if authorised\n\nA police officer may take action under this subdivision only if—\nan event authorisation is given in relation to an event; and\nthe officer acts in accordance with the event authorisation.\ns 53BF ins 2014 No. 1 s 4\n- (a) an event authorisation is given in relation to an event; and\n- (b) the officer acts in accordance with the event authorisation.","sortOrder":112},{"sectionNumber":"sec.53BG","sectionType":"section","heading":"Taking action for out-of-control event","content":"### sec.53BG Taking action for out-of-control event\n\nA police officer has the powers under subsection (2) for 1 or more of the following purposes in relation to an event—\npreventing the event becoming an out-of-control event;\nif the event is an out-of-control event, stopping the event from continuing or starting in another location;\ndispersing persons associated with the event;\nminimising the impact of the event on public order or safety;\nidentifying a person organising the event;\nidentifying a person committing an offence under division 3 .\nFor the purposes mentioned in subsection (1) , a police officer may exercise any 1 or more of the following powers—\nstop a vehicle or enter a place without a warrant;\ngive a person or group of persons a direction to—\nstop any conduct; or\nimmediately leave a place; or\nnot return to a place within a stated period of not more than 24 hours, unless the person or group resides at the place; or\ntake any other steps the police officer considers reasonably necessary.\ns 53BG ins 2014 No. 1 s 4\n(sec.53BG-ssec.1) A police officer has the powers under subsection (2) for 1 or more of the following purposes in relation to an event— preventing the event becoming an out-of-control event; if the event is an out-of-control event, stopping the event from continuing or starting in another location; dispersing persons associated with the event; minimising the impact of the event on public order or safety; identifying a person organising the event; identifying a person committing an offence under division 3 .\n(sec.53BG-ssec.2) For the purposes mentioned in subsection (1) , a police officer may exercise any 1 or more of the following powers— stop a vehicle or enter a place without a warrant; give a person or group of persons a direction to— stop any conduct; or immediately leave a place; or not return to a place within a stated period of not more than 24 hours, unless the person or group resides at the place; or take any other steps the police officer considers reasonably necessary.\n- (a) preventing the event becoming an out-of-control event;\n- (b) if the event is an out-of-control event, stopping the event from continuing or starting in another location;\n- (c) dispersing persons associated with the event;\n- (d) minimising the impact of the event on public order or safety;\n- (e) identifying a person organising the event;\n- (f) identifying a person committing an offence under division 3 .\n- (a) stop a vehicle or enter a place without a warrant;\n- (b) give a person or group of persons a direction to— (i) stop any conduct; or (ii) immediately leave a place; or (iii) not return to a place within a stated period of not more than 24 hours, unless the person or group resides at the place; or\n- (i) stop any conduct; or\n- (ii) immediately leave a place; or\n- (iii) not return to a place within a stated period of not more than 24 hours, unless the person or group resides at the place; or\n- (c) take any other steps the police officer considers reasonably necessary.\n- (i) stop any conduct; or\n- (ii) immediately leave a place; or\n- (iii) not return to a place within a stated period of not more than 24 hours, unless the person or group resides at the place; or","sortOrder":113},{"sectionNumber":"ch.2-pt.7-div.3","sectionType":"division","heading":"Offences and costs orders","content":"## Offences and costs orders","sortOrder":114},{"sectionNumber":"sec.53BH","sectionType":"section","heading":"Organising an out-of-control event","content":"### sec.53BH Organising an out-of-control event\n\nA person commits an offence if—\nthe person organises an event; and\nthe event becomes an out-of-control event.\nMaximum penalty—\nif the event is held at a place where the person does not reside or for which the person does not have lawful authority to use—165 penalty units or 3 years imprisonment; or\notherwise—110 penalty units or 1 year’s imprisonment.\nIf the person organising the event is a child, the parent of the child is instead liable for the offence if the parent gave the child permission to organise the event.\nIn a proceeding for an offence under this section, it is a defence for a person to prove that the person took reasonable steps to prevent the event becoming an out-of-control event.\nhiring an appropriate number of security officers for the event\nending the event as soon as possible after persons who are not invited to the event enter the place where the event is being held\ns 53BH ins 2014 No. 1 s 4\n(sec.53BH-ssec.1) A person commits an offence if— the person organises an event; and the event becomes an out-of-control event. Maximum penalty— if the event is held at a place where the person does not reside or for which the person does not have lawful authority to use—165 penalty units or 3 years imprisonment; or otherwise—110 penalty units or 1 year’s imprisonment.\n(sec.53BH-ssec.2) If the person organising the event is a child, the parent of the child is instead liable for the offence if the parent gave the child permission to organise the event.\n(sec.53BH-ssec.3) In a proceeding for an offence under this section, it is a defence for a person to prove that the person took reasonable steps to prevent the event becoming an out-of-control event. hiring an appropriate number of security officers for the event ending the event as soon as possible after persons who are not invited to the event enter the place where the event is being held\n- (a) the person organises an event; and\n- (b) the event becomes an out-of-control event.\n- (a) if the event is held at a place where the person does not reside or for which the person does not have lawful authority to use—165 penalty units or 3 years imprisonment; or\n- (b) otherwise—110 penalty units or 1 year’s imprisonment.\n- • hiring an appropriate number of security officers for the event\n- • ending the event as soon as possible after persons who are not invited to the event enter the place where the event is being held","sortOrder":115},{"sectionNumber":"sec.53BI","sectionType":"section","heading":"Causing an out-of-control event","content":"### sec.53BI Causing an out-of-control event\n\nA person commits an offence if the person—\nhas been refused entry to an event; and\nengages in out-of-control conduct near the event; and\nas a result of the person’s conduct, the event becomes an out-of-control event.\nMaximum penalty—110 penalty units or 1 year’s imprisonment.\nA person may be liable for an offence against subsection (1) even if another person’s conduct contributed to the event becoming an out-of-control event.\ns 53BI ins 2014 No. 1 s 4\n(sec.53BI-ssec.1) A person commits an offence if the person— has been refused entry to an event; and engages in out-of-control conduct near the event; and as a result of the person’s conduct, the event becomes an out-of-control event. Maximum penalty—110 penalty units or 1 year’s imprisonment.\n(sec.53BI-ssec.2) A person may be liable for an offence against subsection (1) even if another person’s conduct contributed to the event becoming an out-of-control event.\n- (a) has been refused entry to an event; and\n- (b) engages in out-of-control conduct near the event; and\n- (c) as a result of the person’s conduct, the event becomes an out-of-control event.","sortOrder":116},{"sectionNumber":"sec.53BJ","sectionType":"section","heading":"Offence to contravene direction","content":"### sec.53BJ Offence to contravene direction\n\nA person must not, without reasonable excuse, contravene a direction given by a police officer under section 53BG (2) .\nMaximum penalty—\nif the person contravenes the direction by doing any of the following—\nunlawfully assaulting, or threatening to assault, another person;\nunlawfully destroying or damaging, or threatening to destroy or damage, property;\nthrowing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of another person;\npenalty units or 3 years imprisonment; or\notherwise—110 penalty units or 1 year’s imprisonment.\ns 53BJ ins 2014 No. 1 s 4\n- (a) if the person contravenes the direction by doing any of the following— (i) unlawfully assaulting, or threatening to assault, another person; (ii) unlawfully destroying or damaging, or threatening to destroy or damage, property; (iii) throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of another person; 165 penalty units or 3 years imprisonment; or\n- (i) unlawfully assaulting, or threatening to assault, another person;\n- (ii) unlawfully destroying or damaging, or threatening to destroy or damage, property;\n- (iii) throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of another person;\n- 165 penalty units or 3 years imprisonment; or\n- (b) otherwise—110 penalty units or 1 year’s imprisonment.\n- (i) unlawfully assaulting, or threatening to assault, another person;\n- (ii) unlawfully destroying or damaging, or threatening to destroy or damage, property;\n- (iii) throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of another person;\n- 165 penalty units or 3 years imprisonment; or","sortOrder":117},{"sectionNumber":"sec.53BK","sectionType":"section","heading":"Costs order—adult","content":"### sec.53BK Costs order—adult\n\nThis section applies if a person, other than a child, is found guilty by a court of an offence under subdivision 1 in relation to an event.\nThe court may, on its own initiative or an application by the commissioner, order the person to pay some or all of the commissioner’s reasonable costs in relation to the event.\nAn order made under subsection (2) is taken to be an order for compensation under the Penalties and Sentences Act 1992 , part 3 , division 4 , payable to the State.\ns 53BK ins 2014 No. 1 s 4\n(sec.53BK-ssec.1) This section applies if a person, other than a child, is found guilty by a court of an offence under subdivision 1 in relation to an event.\n(sec.53BK-ssec.2) The court may, on its own initiative or an application by the commissioner, order the person to pay some or all of the commissioner’s reasonable costs in relation to the event.\n(sec.53BK-ssec.3) An order made under subsection (2) is taken to be an order for compensation under the Penalties and Sentences Act 1992 , part 3 , division 4 , payable to the State.","sortOrder":118},{"sectionNumber":"sec.53BL","sectionType":"section","heading":"Costs order—child","content":"### sec.53BL Costs order—child\n\nThis section applies if a child is found guilty by a court of an offence under subdivision 1 in relation to an event.\nThe court may, on its own initiative or an application by the commissioner, consider whether the child has the capacity to pay the commissioner’s reasonable costs in relation to the event.\nIf the court considers the child has the capacity to pay the commissioner’s reasonable costs, the court may order the child to pay some or all of the costs.\nAn order made by the court under this section is taken to be an order under the Youth Justice Act 1992 , section 310 , payable to the State.\ns 53BL ins 2014 No. 1 s 4\n(sec.53BL-ssec.1) This section applies if a child is found guilty by a court of an offence under subdivision 1 in relation to an event.\n(sec.53BL-ssec.2) The court may, on its own initiative or an application by the commissioner, consider whether the child has the capacity to pay the commissioner’s reasonable costs in relation to the event.\n(sec.53BL-ssec.3) If the court considers the child has the capacity to pay the commissioner’s reasonable costs, the court may order the child to pay some or all of the costs.\n(sec.53BL-ssec.4) An order made by the court under this section is taken to be an order under the Youth Justice Act 1992 , section 310 , payable to the State.","sortOrder":119},{"sectionNumber":"sec.53BM","sectionType":"section","heading":"Costs order—parent of child offender","content":"### sec.53BM Costs order—parent of child offender\n\nThis section applies if—\na court considers the matters mentioned in section 53BL (2) ; and\ndecides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs.\nThe court may, on its own initiative or an application by the commissioner, decide to call on the child’s parent to show cause why the parent should not pay the commissioner’s reasonable costs in relation to the event.\nIf the court decides to call on the child’s parent to show cause—\nnotice must be given to the parent in the way required under the Youth Justice Act 1992 , section 258 (4) to (8) ; and\nthe show cause hearing must be conducted in the way required under the Youth Justice Act 1992 , section 259 (1) to (4) ; and\nthe Youth Justice Act 1992 , section 259 (5) applies as if the reference to ‘ section 258 (1)(a), (b) and (c)’ were a reference to subsection (5) (a) and (b) ; and\nthe Youth Justice Act 1992 , section 259 (6) to (12) applies to the court’s decision and orders.\nFor applying subsection (3) —\na reference to compensation in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and\na reference to the prosecution in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner.\nFor subsection (3) (c) , the matters are—\nthe parent contributed to the fact the offence happened by not adequately supervising the child; and\nit is reasonable the parent pay some or all of the commissioner’s reasonable costs.\nThe Youth Justice Act 1992 , section 260 applies to the commissioner’s reasonable costs ordered to be paid under subsection (5) as if it were an order for compensation to be paid to the State under the Youth Justice Act 1992 , section 259 .\ns 53BM ins 2014 No. 1 s 4\n(sec.53BM-ssec.1) This section applies if— a court considers the matters mentioned in section 53BL (2) ; and decides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs.\n(sec.53BM-ssec.2) The court may, on its own initiative or an application by the commissioner, decide to call on the child’s parent to show cause why the parent should not pay the commissioner’s reasonable costs in relation to the event.\n(sec.53BM-ssec.3) If the court decides to call on the child’s parent to show cause— notice must be given to the parent in the way required under the Youth Justice Act 1992 , section 258 (4) to (8) ; and the show cause hearing must be conducted in the way required under the Youth Justice Act 1992 , section 259 (1) to (4) ; and the Youth Justice Act 1992 , section 259 (5) applies as if the reference to ‘ section 258 (1)(a), (b) and (c)’ were a reference to subsection (5) (a) and (b) ; and the Youth Justice Act 1992 , section 259 (6) to (12) applies to the court’s decision and orders.\n(sec.53BM-ssec.4) For applying subsection (3) — a reference to compensation in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and a reference to the prosecution in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner.\n(sec.53BM-ssec.5) For subsection (3) (c) , the matters are— the parent contributed to the fact the offence happened by not adequately supervising the child; and it is reasonable the parent pay some or all of the commissioner’s reasonable costs.\n(sec.53BM-ssec.6) The Youth Justice Act 1992 , section 260 applies to the commissioner’s reasonable costs ordered to be paid under subsection (5) as if it were an order for compensation to be paid to the State under the Youth Justice Act 1992 , section 259 .\n- (a) a court considers the matters mentioned in section 53BL (2) ; and\n- (b) decides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs.\n- (a) notice must be given to the parent in the way required under the Youth Justice Act 1992 , section 258 (4) to (8) ; and\n- (b) the show cause hearing must be conducted in the way required under the Youth Justice Act 1992 , section 259 (1) to (4) ; and\n- (c) the Youth Justice Act 1992 , section 259 (5) applies as if the reference to ‘ section 258 (1)(a), (b) and (c)’ were a reference to subsection (5) (a) and (b) ; and\n- (d) the Youth Justice Act 1992 , section 259 (6) to (12) applies to the court’s decision and orders.\n- (a) a reference to compensation in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and\n- (b) a reference to the prosecution in the Youth Justice Act 1992 , sections 258 and 259 is taken to be a reference to the commissioner.\n- (a) the parent contributed to the fact the offence happened by not adequately supervising the child; and\n- (b) it is reasonable the parent pay some or all of the commissioner’s reasonable costs.","sortOrder":120},{"sectionNumber":"sec.53BN","sectionType":"section","heading":"Costs orders and other sentencing","content":"### sec.53BN Costs orders and other sentencing\n\nA court may make an order under this subdivision in addition to any other sentence to which a person, including a child, is liable.\nTo remove any doubt, it is declared that sections 53BL and 53BM apply in addition to the Youth Justice Act 1992 , part 7 .\ns 53BN ins 2014 No. 1 s 4\n(sec.53BN-ssec.1) A court may make an order under this subdivision in addition to any other sentence to which a person, including a child, is liable.\n(sec.53BN-ssec.2) To remove any doubt, it is declared that sections 53BL and 53BM apply in addition to the Youth Justice Act 1992 , part 7 .","sortOrder":121},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Power to detain particular intoxicated persons","content":"# Power to detain particular intoxicated persons","sortOrder":122},{"sectionNumber":"sec.53BO","sectionType":"section","heading":"Other police powers not affected","content":"### sec.53BO Other police powers not affected\n\nNothing in this part affects the power of a police officer, under this Act or another Act, to take action in relation to a person who is intoxicated.\ns 53BO ins 2023 No. 21 s 50B","sortOrder":123},{"sectionNumber":"sec.53BP","sectionType":"section","heading":"Detaining intoxicated persons","content":"### sec.53BP Detaining intoxicated persons\n\nA police officer may detain a person who is in a public place if the officer is satisfied—\nthe person is intoxicated; and\nit is necessary to detain the person because the person is—\nbehaving in a way that—\nis disorderly, offensive, threatening or violent; and\nis likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or\nbehaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or\nincapable of preserving the person’s own life, health or safety.\nA police officer must release the person from detention under this part on the earlier of the following—\nthe officer being satisfied the person is no longer intoxicated;\n8 hours elapsing after the person is first detained under this part.\nAlso, a police officer may release the person from detention under this part if the officer is satisfied it is appropriate to do so.\ns 53BP ins 2023 No. 21 s 50B\n(sec.53BP-ssec.1) A police officer may detain a person who is in a public place if the officer is satisfied— the person is intoxicated; and it is necessary to detain the person because the person is— behaving in a way that— is disorderly, offensive, threatening or violent; and is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or incapable of preserving the person’s own life, health or safety.\n(sec.53BP-ssec.2) A police officer must release the person from detention under this part on the earlier of the following— the officer being satisfied the person is no longer intoxicated; 8 hours elapsing after the person is first detained under this part.\n(sec.53BP-ssec.3) Also, a police officer may release the person from detention under this part if the officer is satisfied it is appropriate to do so.\n- (a) the person is intoxicated; and\n- (b) it is necessary to detain the person because the person is— (i) behaving in a way that— (A) is disorderly, offensive, threatening or violent; and (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or (ii) behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or (iii) incapable of preserving the person’s own life, health or safety.\n- (i) behaving in a way that— (A) is disorderly, offensive, threatening or violent; and (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or\n- (A) is disorderly, offensive, threatening or violent; and\n- (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or\n- (ii) behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or\n- (iii) incapable of preserving the person’s own life, health or safety.\n- (i) behaving in a way that— (A) is disorderly, offensive, threatening or violent; and (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or\n- (A) is disorderly, offensive, threatening or violent; and\n- (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or\n- (ii) behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or\n- (iii) incapable of preserving the person’s own life, health or safety.\n- (A) is disorderly, offensive, threatening or violent; and\n- (B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or\n- (a) the officer being satisfied the person is no longer intoxicated;\n- (b) 8 hours elapsing after the person is first detained under this part.","sortOrder":124},{"sectionNumber":"sec.53BQ","sectionType":"section","heading":"Transporting detained persons","content":"### sec.53BQ Transporting detained persons\n\nThis section applies if a person is detained under section 53BP .\nA police officer may transport the person to, and release the person at, a place of safety if—\nfor a place of safety where there is a person apparently in charge of the place—the person apparently in charge of the place agrees, verbally or in writing, to provide care for the person at the place; and\nthe police officer is satisfied the person’s behaviour or presence does not pose a risk of harm to any person at the place, including, for example, harm caused by domestic violence.\nSubsection (4) applies if—\nafter making reasonable enquiries, a police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or\na police officer is unable to transport and release the person under subsection (2) .\nThe police officer may—\ntransport the person to a police station or watch-house; and\ncontinue to detain the person at the police station or watch-house, subject to section 53BP (2) and (3) .\nTo remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.\ns 53BQ ins 2023 No. 21 s 50B\n(sec.53BQ-ssec.1) This section applies if a person is detained under section 53BP .\n(sec.53BQ-ssec.2) A police officer may transport the person to, and release the person at, a place of safety if— for a place of safety where there is a person apparently in charge of the place—the person apparently in charge of the place agrees, verbally or in writing, to provide care for the person at the place; and the police officer is satisfied the person’s behaviour or presence does not pose a risk of harm to any person at the place, including, for example, harm caused by domestic violence.\n(sec.53BQ-ssec.3) Subsection (4) applies if— after making reasonable enquiries, a police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or a police officer is unable to transport and release the person under subsection (2) .\n(sec.53BQ-ssec.4) The police officer may— transport the person to a police station or watch-house; and continue to detain the person at the police station or watch-house, subject to section 53BP (2) and (3) .\n(sec.53BQ-ssec.5) To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.\n- (a) for a place of safety where there is a person apparently in charge of the place—the person apparently in charge of the place agrees, verbally or in writing, to provide care for the person at the place; and\n- (b) the police officer is satisfied the person’s behaviour or presence does not pose a risk of harm to any person at the place, including, for example, harm caused by domestic violence.\n- (a) after making reasonable enquiries, a police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or\n- (b) a police officer is unable to transport and release the person under subsection (2) .\n- (a) transport the person to a police station or watch-house; and\n- (b) continue to detain the person at the police station or watch-house, subject to section 53BP (2) and (3) .","sortOrder":125},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":126},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":127},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for ch 4","content":"### sec.69 Definitions for ch 4\n\nIn this chapter—\napplied section 258 see section 103 .\napplied section 259 see section 103 .\nburn out , for a motor vehicle, means wilfully drive the motor vehicle in a way that causes a sustained loss of traction of one or more of the wheels with the road surface.\ndriving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a road surface so that the tyres or a substance poured onto the road surface smokes\ndriving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a wet or gravelled road surface, regardless of whether or not the tyres smoke because of the loss of traction\ns 69 def burn out sub 2013 No. 15 s 5 (1) – (2)\nexcessive noise means excessive noise mentioned in section 576 (1) and to which chapter 19 , part 3 applies.\nforfeiture order , for a motorbike noise order offence, see section 91 (2) .\ns 69 def forfeiture order sub 2006 No. 57 s 4 (1) – (2) ; 2013 No. 15 s 5 (1) – (2)\nimmobilise , for a motor vehicle, includes restrict the use of the motor vehicle by way of an immobilising device or the removal and confiscation of the motor vehicle’s number plates.\ns 69 def immobilise ins 2013 No. 15 s 5 (2)\nimmobilising device , for a motor vehicle, includes a wheel clamp.\ns 69 def immobilising device ins 2013 No. 15 s 5 (2)\nimmobilising notice , for a vehicle related offence, see section 78 (2) .\ns 69 def immobilising notice ins 2013 No. 15 s 5 (2)\nimpounding notice —\nfor a vehicle related offence—see section 78 (2) ; or\nfor a motorbike noise direction offence or a motorbike noise order offence—see section 81 (2) .\ns 69 def impounding notice amd 2013 No. 15 s 5 (3)\nimpounding order , for a motorbike noise order offence, see section 86 (2) .\ns 69 def impounding order sub 2006 No. 57 s 4 (1) – (2) ; 2013 No. 15 s 5 (1) – (2)\ninitial impoundment period , for a motor vehicle, means—\na period of 48 hours starting when the motor vehicle is impounded; or\nif the period of 48 hours ends at any time after 5p.m. and before 8a.m. on a day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period of 48 hours ends.\ns 69 def initial impoundment period amd 2006 No. 57 s 4 (3)\ninitiating immobilisation , of a motor vehicle, means the immobilisation of the motor vehicle for the initiating immobilisation offence.\ns 69 def initiating immobilisation ins 2013 No. 15 s 5 (2)\ninitiating immobilisation offence means the vehicle related offence for which a motor vehicle is immobilised under this chapter.\ns 69 def initiating immobilisation offence ins 2013 No. 15 s 5 (2)\ninitiating impoundment , of a motor vehicle, means the impoundment of the motor vehicle for the initiating impoundment offence.\ninitiating impoundment offence means—\nthe vehicle related offence for which a motor vehicle is impounded under this chapter; or\nfor a motorbike noise order offence—the motorbike noise order offence because of which a police officer applies for an impounding order or a forfeiture order for the motorbike involved in the commission of the offence.\nmagistrate includes a Childrens Court magistrate.\nmodify , a motor vehicle, includes remove the engine or gearbox from the motor vehicle.\nmotorbike noise direction offence means the contravention of a noise abatement direction given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.\nmotorbike noise order offence means the contravention of a noise abatement order given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.\nnumber plate means a plate or other device designed to be attached to a motor vehicle to identify the motor vehicle.\ns 69 def number plate ins 2013 No. 15 s 5 (2)\nnumber plate confiscation notice see section 74H (2) .\ns 69 def number plate confiscation notice ins 2013 No. 15 s 5 (2)\nnumber plate confiscation period see section 74H (3) .\ns 69 def number plate confiscation period ins 2013 No. 15 s 5 (2)\noffence , in relation to which an application is made, means the initiating application offence and any other offence relied on for the purposes of any order under this chapter.\nprescribed impoundment information means—\ninformation about how the owner of a motorbike impounded under this chapter may recover the motorbike; and\na statement that, before the motorbike may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motorbike; and\na statement that, if the driver is an adult, the driver will be required to pay the costs of removing and keeping the motorbike; and\na statement that, if the driver is a child and the child is found guilty of the offence for which the motorbike was impounded, the court may order the child or the child’s parent or guardian to pay the costs of removing and keeping the motorbike; and\na statement that, if the owner of a motorbike fails to recover the motorbike after the period of impounding ends and the owner was the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the motorbike is impounded; and\na statement that, if the owner of the motorbike fails to recover the motorbike after the period of impounding ends and the owner was not the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice; and\nthe penalty for unlawfully removing the motorbike from the place at which it is held.\ns 69 def prescribed impoundment information amd 2006 No. 57 s 4 (4) ; 2013 No. 15 s 5 (4)\nprescribed impoundment period , for a motor vehicle, means—\na period prescribed under this Act to be the period of impoundment for the motor vehicle starting when the motor vehicle is impounded; or\nA motor vehicle is impounded at 3p.m. on 1 August. If the period of impoundment prescribed under this Act is 7 days, the prescribed impoundment period ends at 3p.m. on 8 August.\nif the period prescribed ends at any time other than between 8a.m. and 5p.m. on a business day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period prescribed ends.\nA motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August.\nA motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.\ns 69 def prescribed impoundment period ins 2013 No. 15 s 5 (2)\nprescribed offence means—\na motorbike noise order offence; or\na vehicle related offence.\nprescribed period , in relation to an application for an impounding order or a forfeiture order—\nfor a vehicle related offence—means the relevant period and any period from the end of the relevant period to and including the day on which the application is heard and decided; or\nfor a motorbike noise order offence—the period for which the motorbike noise order to which the offence relates is in force and any period from the end of that period to and including the day on which the application is heard and decided.\nrelevant court , in relation to an application for an impounding order or a forfeiture order for a motor vehicle, means—\nthe Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates; or\nif the driver of the motor vehicle is a child—a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates.\nrelevant period , in relation to a motor vehicle impounded or immobilised for a type 1 vehicle related offence or a type 2 vehicle related offence, means the period of not more than 5 years before the initiating impoundment or initiating immobilisation for the motor vehicle.\ns 69 def relevant period sub 2006 No. 57 s 4 (1) – (2) ; 2013 No. 15 s 5 (1) – (2)\ntype 1 vehicle related offence see section 69A .\ns 69 def type 1 vehicle related offence ins 2006 No. 57 s 4 (2)\ntype 2 vehicle related offence see section 69A .\ns 69 def type 2 vehicle related offence ins 2006 No. 57 s 4 (2)\nvehicle production notice see section 74K (2) .\ns 69 def vehicle production notice ins 2013 No. 15 s 5 (2)\nvehicle related offence means—\na type 1 vehicle related offence; or\na type 2 vehicle related offence.\ns 69 def vehicle related offence sub 2006 No. 57 s 4 (1) – (2)\ns 69 ins 2002 No. 33 s 6\nsub 2005 No. 64 s 7\n- • driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a road surface so that the tyres or a substance poured onto the road surface smokes\n- • driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a wet or gravelled road surface, regardless of whether or not the tyres smoke because of the loss of traction\n- (a) for a vehicle related offence—see section 78 (2) ; or\n- (b) for a motorbike noise direction offence or a motorbike noise order offence—see section 81 (2) .\n- (a) a period of 48 hours starting when the motor vehicle is impounded; or\n- (b) if the period of 48 hours ends at any time after 5p.m. and before 8a.m. on a day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period of 48 hours ends.\n- (a) the vehicle related offence for which a motor vehicle is impounded under this chapter; or\n- (b) for a motorbike noise order offence—the motorbike noise order offence because of which a police officer applies for an impounding order or a forfeiture order for the motorbike involved in the commission of the offence.\n- (a) information about how the owner of a motorbike impounded under this chapter may recover the motorbike; and\n- (b) a statement that, before the motorbike may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motorbike; and\n- (c) a statement that, if the driver is an adult, the driver will be required to pay the costs of removing and keeping the motorbike; and\n- (d) a statement that, if the driver is a child and the child is found guilty of the offence for which the motorbike was impounded, the court may order the child or the child’s parent or guardian to pay the costs of removing and keeping the motorbike; and\n- (e) a statement that, if the owner of a motorbike fails to recover the motorbike after the period of impounding ends and the owner was the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the motorbike is impounded; and\n- (f) a statement that, if the owner of the motorbike fails to recover the motorbike after the period of impounding ends and the owner was not the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice; and\n- (g) the penalty for unlawfully removing the motorbike from the place at which it is held.\n- (a) a period prescribed under this Act to be the period of impoundment for the motor vehicle starting when the motor vehicle is impounded; or Example for paragraph (a) — A motor vehicle is impounded at 3p.m. on 1 August. If the period of impoundment prescribed under this Act is 7 days, the prescribed impoundment period ends at 3p.m. on 8 August.\n- (b) if the period prescribed ends at any time other than between 8a.m. and 5p.m. on a business day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period prescribed ends. Examples for paragraph (b) — 1 A motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August. 2 A motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.\n- 1 A motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August.\n- 2 A motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.\n- 1 A motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August.\n- 2 A motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.\n- (a) a motorbike noise order offence; or\n- (b) a vehicle related offence.\n- (a) for a vehicle related offence—means the relevant period and any period from the end of the relevant period to and including the day on which the application is heard and decided; or\n- (b) for a motorbike noise order offence—the period for which the motorbike noise order to which the offence relates is in force and any period from the end of that period to and including the day on which the application is heard and decided.\n- (a) the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates; or\n- (b) if the driver of the motor vehicle is a child—a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates.\n- (a) a type 1 vehicle related offence; or\n- (b) a type 2 vehicle related offence.","sortOrder":128},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Meaning of type 1 and type 2 vehicle related offences","content":"### sec.69A Meaning of type 1 and type 2 vehicle related offences\n\nA type 1 vehicle related offence means—\nany of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out—\nan offence against the Criminal Code , section 328A committed on a road or in a public place;\nan offence against the Road Use Management Act , section 83 ;\nan offence against the Road Use Management Act , section 85 ;\nan offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or\nan evasion offence; or\nan offence against the Road Use Management Act , section 85A .\nUnder the Acts Interpretation Act 1954 , section 7 (1) a reference to a law includes a reference to statutory instruments made or in force under the law.\nAt the enactment of this definition, a relevant offence for paragraph (a) (iv) , for example, is an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 291 (1) (b) .\nA type 2 vehicle related offence means any of the following offences—\nan offence against the Motor Accident Insurance Act 1994 , section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act;\nan offence against the Road Use Management Act , section 78 (1) ;\nan offence against the Road Use Management Act , section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act , section 79A ;\nan offence against the Road Use Management Act , section 80 (5A) , (11) or (22D) ;\nan offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if—\na defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and\nunder the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law;\nan offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h.\nan offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 20 .\nFor subsection (2) (e) , a regulation may only prescribe an offence that involves—\nthe motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; or\nthe motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) .\nA reference in subsection (2) (e) to an offence involving a motor vehicle being driven on a road includes an offence involving modifying a vehicle if the modified vehicle is driven on a road.\nA reference in subsection (2) to an offence against section 78 (1) or 80 (22D) of the Road Use Management Act does not include an offence relating to a suspension that could in law only be imposed because section 80 of the Road Use Management Act had been amended by the amendment.\nA reference in subsection (2) to an offence against section 80 (5A) or (11) of the Road Use Management Act does not include an offence that in the circumstances could in law only be committed, or that the person could in law only be taken to be guilty of, because section 80 of the Road Use Management Act had been amended by the amendment.\nThese subsections effectively exclude anything associated with saliva testing and saliva analysis under the Road Use Management Act from the operation of subsection (2) .\nIn this section—\namendment means the Transport Legislation and Another Act Amendment Act 2007 , section 57 .\ndefect notice includes a vehicle defect notice under the Heavy Vehicle National Law (Queensland) .\ns 69A ins 2006 No. 57 s 5\namd 2007 No. 6 s 7 ; 2013 No. 15 s 6 ; 2013 No. 26 s 33 ; 2021 No. 9 s 7 ; 2023 No. 10 s 20\n(sec.69A-ssec.1) A type 1 vehicle related offence means— any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out— an offence against the Criminal Code , section 328A committed on a road or in a public place; an offence against the Road Use Management Act , section 83 ; an offence against the Road Use Management Act , section 85 ; an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or an evasion offence; or an offence against the Road Use Management Act , section 85A . Under the Acts Interpretation Act 1954 , section 7 (1) a reference to a law includes a reference to statutory instruments made or in force under the law. At the enactment of this definition, a relevant offence for paragraph (a) (iv) , for example, is an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 291 (1) (b) .\n(sec.69A-ssec.2) A type 2 vehicle related offence means any of the following offences— an offence against the Motor Accident Insurance Act 1994 , section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; an offence against the Road Use Management Act , section 78 (1) ; an offence against the Road Use Management Act , section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act , section 79A ; an offence against the Road Use Management Act , section 80 (5A) , (11) or (22D) ; an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if— a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law; an offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h. an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 20 .\n(sec.69A-ssec.3) For subsection (2) (e) , a regulation may only prescribe an offence that involves— the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; or the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) .\n(sec.69A-ssec.3A) A reference in subsection (2) (e) to an offence involving a motor vehicle being driven on a road includes an offence involving modifying a vehicle if the modified vehicle is driven on a road.\n(sec.69A-ssec.4) A reference in subsection (2) to an offence against section 78 (1) or 80 (22D) of the Road Use Management Act does not include an offence relating to a suspension that could in law only be imposed because section 80 of the Road Use Management Act had been amended by the amendment.\n(sec.69A-ssec.5) A reference in subsection (2) to an offence against section 80 (5A) or (11) of the Road Use Management Act does not include an offence that in the circumstances could in law only be committed, or that the person could in law only be taken to be guilty of, because section 80 of the Road Use Management Act had been amended by the amendment. These subsections effectively exclude anything associated with saliva testing and saliva analysis under the Road Use Management Act from the operation of subsection (2) .\n(sec.69A-ssec.6) In this section— amendment means the Transport Legislation and Another Act Amendment Act 2007 , section 57 . defect notice includes a vehicle defect notice under the Heavy Vehicle National Law (Queensland) .\n- (a) any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out— (i) an offence against the Criminal Code , section 328A committed on a road or in a public place; (ii) an offence against the Road Use Management Act , section 83 ; (iii) an offence against the Road Use Management Act , section 85 ; (iv) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or\n- (i) an offence against the Criminal Code , section 328A committed on a road or in a public place;\n- (ii) an offence against the Road Use Management Act , section 83 ;\n- (iii) an offence against the Road Use Management Act , section 85 ;\n- (iv) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or\n- (b) an evasion offence; or\n- (c) an offence against the Road Use Management Act , section 85A .\n- (i) an offence against the Criminal Code , section 328A committed on a road or in a public place;\n- (ii) an offence against the Road Use Management Act , section 83 ;\n- (iii) an offence against the Road Use Management Act , section 85 ;\n- (iv) an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or\n- (a) an offence against the Motor Accident Insurance Act 1994 , section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act;\n- (b) an offence against the Road Use Management Act , section 78 (1) ;\n- (c) an offence against the Road Use Management Act , section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act , section 79A ;\n- (d) an offence against the Road Use Management Act , section 80 (5A) , (11) or (22D) ;\n- (e) an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if— (i) a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and (ii) under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law;\n- (i) a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and\n- (ii) under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law;\n- (f) an offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h. Example of relevant offence for paragraph (f) — an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009 , section 20 .\n- (i) a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; and\n- (ii) under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law;\n- (a) the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; or\n- (b) the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) .","sortOrder":129},{"sectionNumber":"sec.70","sectionType":"section","heading":"References to motor vehicle includes motorbike","content":"### sec.70 References to motor vehicle includes motorbike\n\nTo remove any doubt, it is declared that—\na reference in this chapter to a motor vehicle in relation to a prescribed offence includes a reference to a motorbike; and\na reference in this chapter to a motor vehicle in relation to a vehicle related offence includes a reference to a motorbike.\ns 70 ins 2002 No. 33 s 6\nsub 2005 No. 64 s 7\n- (a) a reference in this chapter to a motor vehicle in relation to a prescribed offence includes a reference to a motorbike; and\n- (b) a reference in this chapter to a motor vehicle in relation to a vehicle related offence includes a reference to a motorbike.","sortOrder":130},{"sectionNumber":"sec.70A","sectionType":"section","heading":null,"content":"### Section sec.70A\n\ns 70A ins 2006 No. 57 s 6\nom 2013 No. 15 s 7","sortOrder":131},{"sectionNumber":"sec.71","sectionType":"section","heading":"When a person is charged for this chapter in relation to a prescribed offence","content":"### sec.71 When a person is charged for this chapter in relation to a prescribed offence\n\nThis section applies for this chapter if a proceeding for a prescribed offence is started against a person by notice to appear or arrest.\nThis section also applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.\nIf the proceeding is started by notice to appear, the person is taken to be charged with having committed the offence when the notice to appear is issued and served on the person.\nIf the proceeding is started by arrest, the person is taken to be charged with having committed the offence when the person is arrested.\nIf a person is served with an infringement notice, the person is taken to be charged with having committed the offence when the infringement notice is served on the person.\nSee the State Penalties Enforcement Act 1999 , sections 13 (Service of infringement notices—generally) and 14 (Service of infringement notices for infringement notice offences involving vehicles).\ns 71 ins 2002 No. 33 s 6\namd 2003 No. 92 s 6\nsub 2005 No. 64 s 7\namd 2013 No. 15 s 8\n(sec.71-ssec.1) This section applies for this chapter if a proceeding for a prescribed offence is started against a person by notice to appear or arrest.\n(sec.71-ssec.2) This section also applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.\n(sec.71-ssec.3) If the proceeding is started by notice to appear, the person is taken to be charged with having committed the offence when the notice to appear is issued and served on the person.\n(sec.71-ssec.4) If the proceeding is started by arrest, the person is taken to be charged with having committed the offence when the person is arrested.\n(sec.71-ssec.5) If a person is served with an infringement notice, the person is taken to be charged with having committed the offence when the infringement notice is served on the person. See the State Penalties Enforcement Act 1999 , sections 13 (Service of infringement notices—generally) and 14 (Service of infringement notices for infringement notice offences involving vehicles).","sortOrder":132},{"sectionNumber":"sec.71A","sectionType":"section","heading":"When a charge for an offence for this chapter is taken to not be decided if a proceeding for the offence is started by infringement notice","content":"### sec.71A When a charge for an offence for this chapter is taken to not be decided if a proceeding for the offence is started by infringement notice\n\nThis section applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.\nThe charge for the offence is taken to not be decided if—\nthere has been no payment of a penalty, in full or by instalments, under the State Penalties Enforcement Act 1999 ; and\nthe registrar under the State Penalties Enforcement Act 1999 has not registered a default certificate for the infringement notice under that Act; and\nthe person has not otherwise been found guilty of the offence.\ns 71A ins 2013 No. 15 s 9\namd 2017 No. 13 s 90 sch 1 (uncommenced amendment)\n(sec.71A-ssec.1) This section applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.\n(sec.71A-ssec.2) The charge for the offence is taken to not be decided if— there has been no payment of a penalty, in full or by instalments, under the State Penalties Enforcement Act 1999 ; and the registrar under the State Penalties Enforcement Act 1999 has not registered a default certificate for the infringement notice under that Act; and the person has not otherwise been found guilty of the offence.\n- (a) there has been no payment of a penalty, in full or by instalments, under the State Penalties Enforcement Act 1999 ; and\n- (b) the registrar under the State Penalties Enforcement Act 1999 has not registered a default certificate for the infringement notice under that Act; and\n- (c) the person has not otherwise been found guilty of the offence.","sortOrder":133},{"sectionNumber":"sec.72","sectionType":"section","heading":"Punishment under this chapter is in addition to other punishment for the same offence","content":"### sec.72 Punishment under this chapter is in addition to other punishment for the same offence\n\nThe impounding, immobilisation or forfeiture of a motor vehicle or the imposition of community service on a person under this chapter arising out of the commission of a prescribed offence is in addition to any other penalty that may be imposed on the person for the prescribed offence.\ns 72 ins 2002 No. 33 s 6\nsub 2005 No. 64 s 7\namd 2013 No. 15 s 10","sortOrder":134},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Relationship with other legislation","content":"## Relationship with other legislation","sortOrder":135},{"sectionNumber":"sec.73","sectionType":"section","heading":"National Credit Code","content":"### sec.73 National Credit Code\n\nNothing in this chapter affects the rights of a credit provider to repossess a motor vehicle under the National Credit Code and sell it.\ns 73 ins 2002 No. 33 s 6\namd 2003 No. 92 s 3 sch\nsub 2005 No. 64 s 7\namd 2010 No. 16 s 35 sch","sortOrder":136},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":null,"content":"","sortOrder":137},{"sectionNumber":"sec.73A","sectionType":"section","heading":null,"content":"### Section sec.73A\n\ns 73A ins 2006 No. 57 s 7\nom 2013 No. 15 s 11","sortOrder":138},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Impounding and immobilising motor vehicles and forfeiture of motor vehicles","content":"# Impounding and immobilising motor vehicles and forfeiture of motor vehicles","sortOrder":139},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Impounding powers for type 1 vehicle related offences and forfeiture of motor vehicles in particular circumstances","content":"## Impounding powers for type 1 vehicle related offences and forfeiture of motor vehicles in particular circumstances","sortOrder":140},{"sectionNumber":"sec.74","sectionType":"section","heading":"Impounding motor vehicles for first type 1 vehicle related offence","content":"### sec.74 Impounding motor vehicles for first type 1 vehicle related offence\n\nA police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle.\nFor when a person is charged with an offence, see section 71 .\nA motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.\nSee section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\nThe prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.\ns 74 ins 2002 No. 33 s 6\namd 2003 No. 92 s 3 sch\nsub 2005 No. 64 s 7\namd 2006 No. 57 s 8\nsub 2013 No. 15 s 14\n(sec.74-ssec.1) A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle. For when a person is charged with an offence, see section 71 .\n(sec.74-ssec.2) A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period. See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\n(sec.74-ssec.3) The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.","sortOrder":141},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Impounding motor vehicles for second or subsequent type 1 vehicle related offence","content":"### sec.74A Impounding motor vehicles for second or subsequent type 1 vehicle related offence\n\nA police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle and—\nthe driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or\nthe driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period.\nFor when a person is charged with an offence, see section 71 .\nFor when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .\nA motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section.\nSee section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\nThis section applies subject to division 2 .\nDivision 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.\ns 74A ins 2013 No. 15 s 15\n(sec.74A-ssec.1) A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle and— the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period. For when a person is charged with an offence, see section 71 . For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .\n(sec.74A-ssec.2) A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section. See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\n(sec.74A-ssec.3) This section applies subject to division 2 . Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.\n- (a) the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or\n- (b) the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period.\n- 1 For when a person is charged with an offence, see section 71 .\n- 2 For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .","sortOrder":142},{"sectionNumber":"sec.74B","sectionType":"section","heading":"Forfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence","content":"### sec.74B Forfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence\n\nThis section applies in relation to a motor vehicle impounded under section 74A if the driver of the motor vehicle—\nhas been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and\nis found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A (1) .\nOn the driver being found guilty—\nthe motor vehicle becomes the property of the State; and\nany right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\nThis section applies subject to division 2 .\nUnder division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.\nHowever, subsection (5) applies if—\nbefore the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and\nthe motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.\nSubsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D , 79F or 79H .\ns 74B ins 2013 No. 15 s 15\n(sec.74B-ssec.1) This section applies in relation to a motor vehicle impounded under section 74A if the driver of the motor vehicle— has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A (1) .\n(sec.74B-ssec.2) On the driver being found guilty— the motor vehicle becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\n(sec.74B-ssec.3) This section applies subject to division 2 . Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.\n(sec.74B-ssec.4) However, subsection (5) applies if— before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.\n(sec.74B-ssec.5) Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D , 79F or 79H .\n- (a) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and\n- (b) is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A (1) .\n- (a) the motor vehicle becomes the property of the State; and\n- (b) any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\n- (a) before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and\n- (b) the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.","sortOrder":143},{"sectionNumber":"ch.4-pt.2-div.1A","sectionType":"division","heading":"Impounding powers for type 2 vehicle related offences and forfeiture of motor vehicles in particular circumstances","content":"## Impounding powers for type 2 vehicle related offences and forfeiture of motor vehicles in particular circumstances","sortOrder":144},{"sectionNumber":"sec.74C","sectionType":"section","heading":"Impounding motor vehicles for second or subsequent type 2 vehicle related offence","content":"### sec.74C Impounding motor vehicles for second or subsequent type 2 vehicle related offence\n\nA police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence in relation to the motor vehicle and—\nthe driver of the motor vehicle has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; or\nthe driver of the motor vehicle has previously been found guilty of a type 2 vehicle related offence committed on 1 previous occasion within the relevant period.\nFor when a person is charged with an offence, see section 71 .\nA motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.\nSee section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\nThe prescribed impoundment period for a motor vehicle impounded under subsection (1) is 7 days.\ns 74C ins 2013 No. 15 s 16\n(sec.74C-ssec.1) A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence in relation to the motor vehicle and— the driver of the motor vehicle has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; or the driver of the motor vehicle has previously been found guilty of a type 2 vehicle related offence committed on 1 previous occasion within the relevant period. For when a person is charged with an offence, see section 71 .\n(sec.74C-ssec.2) A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period. See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\n(sec.74C-ssec.3) The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 7 days.\n- (a) the driver of the motor vehicle has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; or\n- (b) the driver of the motor vehicle has previously been found guilty of a type 2 vehicle related offence committed on 1 previous occasion within the relevant period.","sortOrder":145},{"sectionNumber":"sec.74D","sectionType":"section","heading":"Impounding motor vehicles for third or subsequent type 2 vehicle related offence","content":"### sec.74D Impounding motor vehicles for third or subsequent type 2 vehicle related offence\n\nA police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence and—\nthe driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or\nthe driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or\nthe driver of the motor vehicle—\nhas previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and\nhas been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment.\nFor when a person is charged with an offence, see section 71 .\nFor when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .\nA motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.\nSee section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\nThe prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.\ns 74D ins 2013 No. 15 s 16\n(sec.74D-ssec.1) A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence and— the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or the driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or the driver of the motor vehicle— has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment. For when a person is charged with an offence, see section 71 . For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .\n(sec.74D-ssec.2) A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period. See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\n(sec.74D-ssec.3) The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.\n- (a) the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or\n- (b) the driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or\n- (c) the driver of the motor vehicle— (i) has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and (ii) has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment.\n- (i) has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and\n- (ii) has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment.\n- (i) has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and\n- (ii) has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment.\n- 1 For when a person is charged with an offence, see section 71 .\n- 2 For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .","sortOrder":146},{"sectionNumber":"sec.74E","sectionType":"section","heading":"Impounding motor vehicles for fourth or subsequent type 2 vehicle related offence","content":"### sec.74E Impounding motor vehicles for fourth or subsequent type 2 vehicle related offence\n\nA police officer may impound a motor vehicle if—\nthe driver of the motor vehicle is charged with having committed a type 2 vehicle related offence; and\nthe driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 3 previous occasions within the relevant period; and\nfor each of the charges mentioned in paragraph (b) —\nthe charge has not been decided; or\nthe driver has been found guilty.\nFor when a person is charged with an offence, see section 71 .\nFor when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .\nA motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section.\nSee section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\nThis section applies subject to division 2 .\nDivision 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.\ns 74E ins 2013 No. 15 s 16\n(sec.74E-ssec.1) A police officer may impound a motor vehicle if— the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence; and the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 3 previous occasions within the relevant period; and for each of the charges mentioned in paragraph (b) — the charge has not been decided; or the driver has been found guilty. For when a person is charged with an offence, see section 71 . For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .\n(sec.74E-ssec.2) A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section. See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.\n(sec.74E-ssec.3) This section applies subject to division 2 . Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.\n- (a) the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence; and\n- (b) the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 3 previous occasions within the relevant period; and\n- (c) for each of the charges mentioned in paragraph (b) — (i) the charge has not been decided; or (ii) the driver has been found guilty.\n- (i) the charge has not been decided; or\n- (ii) the driver has been found guilty.\n- (i) the charge has not been decided; or\n- (ii) the driver has been found guilty.\n- 1 For when a person is charged with an offence, see section 71 .\n- 2 For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A .","sortOrder":147},{"sectionNumber":"sec.74F","sectionType":"section","heading":"Forfeiture of motor vehicles if driver found guilty of fourth or subsequent type 2 vehicle related offence","content":"### sec.74F Forfeiture of motor vehicles if driver found guilty of fourth or subsequent type 2 vehicle related offence\n\nThis section applies in relation to a motor vehicle impounded under section 74E if the driver of the motor vehicle—\nhas been found guilty of 3 type 2 vehicle related offences committed within the relevant period; and\nis found guilty of the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) .\nOn the driver being found guilty—\nthe motor vehicle becomes the property of the State; and\nany right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\nThis section applies subject to division 2 .\nUnder division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.\nHowever, subsection (5) applies if—\nbefore the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and\nthe motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.\nSubsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D , 79F or 79H .\ns 74F ins 2013 No. 15 s 16\n(sec.74F-ssec.1) This section applies in relation to a motor vehicle impounded under section 74E if the driver of the motor vehicle— has been found guilty of 3 type 2 vehicle related offences committed within the relevant period; and is found guilty of the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) .\n(sec.74F-ssec.2) On the driver being found guilty— the motor vehicle becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\n(sec.74F-ssec.3) This section applies subject to division 2 . Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.\n(sec.74F-ssec.4) However, subsection (5) applies if— before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.\n(sec.74F-ssec.5) Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D , 79F or 79H .\n- (a) has been found guilty of 3 type 2 vehicle related offences committed within the relevant period; and\n- (b) is found guilty of the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) .\n- (a) the motor vehicle becomes the property of the State; and\n- (b) any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\n- (a) before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1) (b) , the motor vehicle is released under section 79D , 79F or 79H with a condition; and\n- (b) the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.","sortOrder":148},{"sectionNumber":"ch.4-pt.2-div.1B","sectionType":"division","heading":"Immobilising powers for type 1 and type 2 vehicle related offences","content":"## Immobilising powers for type 1 and type 2 vehicle related offences","sortOrder":149},{"sectionNumber":"sec.74G","sectionType":"section","heading":"Purpose of div 1B","content":"### sec.74G Purpose of div 1B\n\nThe purpose of this division is to provide another way for keeping a motor vehicle, that may be impounded under division 1 or 1A , at a place other than a holding yard.\ns 74G ins 2013 No. 15 s 16","sortOrder":150},{"sectionNumber":"sec.74H","sectionType":"section","heading":"Power to remove and confiscate number plates","content":"### sec.74H Power to remove and confiscate number plates\n\nThis section applies if—\na police officer may impound a motor vehicle under division 1 or 1A ; and\nthe police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.\nThe police officer may attach a notice (a number plate confiscation notice ) to the motor vehicle stating all of the following—\nthat the vehicle must not be operated;\nthe period for which the vehicle is prohibited from being operated;\nthat the notice must not be removed from the vehicle;\nthe date the notice is attached to the motor vehicle.\nIf the police officer attaches a number plate confiscation notice to the motor vehicle and number plates are attached to the motor vehicle, the police officer must also remove and confiscate the number plates.\nExcept as provided under this chapter, a motor vehicle to which a number plate confiscation notice is attached under this section is prohibited from being operated for the period stated in the notice (the number plate confiscation period ) for which the vehicle would have been kept in a holding yard and commencing on the day the notice is attached to the vehicle.\nTo remove any doubt, it is declared that a number plate confiscation notice may be attached to a motor vehicle whether or not number plates are attached to the vehicle.\nSee sections 105B and 105C for number plate offences.\ns 74H ins 2013 No. 15 s 16\namd 2018 No. 20 s 21\n(sec.74H-ssec.1) This section applies if— a police officer may impound a motor vehicle under division 1 or 1A ; and the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.\n(sec.74H-ssec.2) The police officer may attach a notice (a number plate confiscation notice ) to the motor vehicle stating all of the following— that the vehicle must not be operated; the period for which the vehicle is prohibited from being operated; that the notice must not be removed from the vehicle; the date the notice is attached to the motor vehicle.\n(sec.74H-ssec.2A) If the police officer attaches a number plate confiscation notice to the motor vehicle and number plates are attached to the motor vehicle, the police officer must also remove and confiscate the number plates.\n(sec.74H-ssec.3) Except as provided under this chapter, a motor vehicle to which a number plate confiscation notice is attached under this section is prohibited from being operated for the period stated in the notice (the number plate confiscation period ) for which the vehicle would have been kept in a holding yard and commencing on the day the notice is attached to the vehicle.\n(sec.74H-ssec.4) To remove any doubt, it is declared that a number plate confiscation notice may be attached to a motor vehicle whether or not number plates are attached to the vehicle.\n- (a) a police officer may impound a motor vehicle under division 1 or 1A ; and\n- (b) the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.\n- (a) that the vehicle must not be operated;\n- (b) the period for which the vehicle is prohibited from being operated;\n- (c) that the notice must not be removed from the vehicle;\n- (d) the date the notice is attached to the motor vehicle.","sortOrder":151},{"sectionNumber":"sec.74I","sectionType":"section","heading":"Moving motor vehicle to which number plate confiscation notice is attached","content":"### sec.74I Moving motor vehicle to which number plate confiscation notice is attached\n\nA motor vehicle to which a number plate confiscation notice is attached under section 74H may be moved (for example, by being driven or towed) to a place authorised by a police officer where the motor vehicle may lawfully stand.\ns 74I ins 2013 No. 15 s 16","sortOrder":152},{"sectionNumber":"sec.74J","sectionType":"section","heading":"Power to attach immobilising device","content":"### sec.74J Power to attach immobilising device\n\nThis section applies if—\na police officer may impound a motor vehicle under division 1 or 1A ; and\nthe police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.\nThe police officer may attach an immobilising device, or arrange for an immobilising device to be attached, to the motor vehicle.\nExcept as provided under this chapter, a motor vehicle to which an immobilising device is attached under this section is prohibited from being operated for the period for which the vehicle would have been kept in a holding yard commencing on the day the device is attached to the vehicle.\nSee sections 105D and 105E for immobilising device offences.\ns 74J ins 2013 No. 15 s 16\n(sec.74J-ssec.1) This section applies if— a police officer may impound a motor vehicle under division 1 or 1A ; and the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.\n(sec.74J-ssec.2) The police officer may attach an immobilising device, or arrange for an immobilising device to be attached, to the motor vehicle.\n(sec.74J-ssec.3) Except as provided under this chapter, a motor vehicle to which an immobilising device is attached under this section is prohibited from being operated for the period for which the vehicle would have been kept in a holding yard commencing on the day the device is attached to the vehicle. See sections 105D and 105E for immobilising device offences.\n- (a) a police officer may impound a motor vehicle under division 1 or 1A ; and\n- (b) the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.","sortOrder":153},{"sectionNumber":"ch.4-pt.2-div.1C","sectionType":"division","heading":"Vehicle production notices","content":"## Vehicle production notices","sortOrder":154},{"sectionNumber":"sec.74K","sectionType":"section","heading":"Power to require motor vehicle to be produced","content":"### sec.74K Power to require motor vehicle to be produced\n\nThis section applies if a police officer may—\nimpound a motor vehicle under division 1 or 1A ; or\nimmobilise a motor vehicle under division 1B .\nThe police officer may require the owner or driver by notice in the approved form (a vehicle production notice ) to produce the vehicle at a stated place and stated time for impoundment or immobilisation.\nThe time or place stated in the notice must be reasonable in the circumstances.\nIf for any reason it is not practicable to give a vehicle production notice, the requirement may be made orally and confirmed by a vehicle production notice as soon as practicable.\ns 74K ins 2013 No. 15 s 16\n(sec.74K-ssec.1) This section applies if a police officer may— impound a motor vehicle under division 1 or 1A ; or immobilise a motor vehicle under division 1B .\n(sec.74K-ssec.2) The police officer may require the owner or driver by notice in the approved form (a vehicle production notice ) to produce the vehicle at a stated place and stated time for impoundment or immobilisation.\n(sec.74K-ssec.3) The time or place stated in the notice must be reasonable in the circumstances.\n(sec.74K-ssec.4) If for any reason it is not practicable to give a vehicle production notice, the requirement may be made orally and confirmed by a vehicle production notice as soon as practicable.\n- (a) impound a motor vehicle under division 1 or 1A ; or\n- (b) immobilise a motor vehicle under division 1B .","sortOrder":155},{"sectionNumber":"sec.74L","sectionType":"section","heading":"Period of impoundment or immobilisation starts only when motor vehicle produced","content":"### sec.74L Period of impoundment or immobilisation starts only when motor vehicle produced\n\nThis section applies to a motor vehicle in relation to which a vehicle production notice has been given under section 74K .\nThe period for which the motor vehicle is impounded under division 1 or 1A , or immobilised under this division, starts only when the motor vehicle is produced at the place stated in the notice.\ns 74L ins 2013 No. 15 s 16\n(sec.74L-ssec.1) This section applies to a motor vehicle in relation to which a vehicle production notice has been given under section 74K .\n(sec.74L-ssec.2) The period for which the motor vehicle is impounded under division 1 or 1A , or immobilised under this division, starts only when the motor vehicle is produced at the place stated in the notice.","sortOrder":156},{"sectionNumber":"sec.74M","sectionType":"section","heading":"Vehicle production notices generally","content":"### sec.74M Vehicle production notices generally\n\nThe date stated in a vehicle production notice for production of a motor vehicle must be a date that is no later than the first business day occurring 5 days after the notice is given.\nThe disposal of a motor vehicle within the period of 5 days after a vehicle production notice is given in relation to the motor vehicle does not affect the requirement to produce the motor vehicle in accordance with the notice, except as provided by subsection (3) .\nA vehicle production notice ceases to have effect in relation to a motor vehicle if it is withdrawn by the commissioner by notice in writing given to—\nthe owner of the motor vehicle; or\na person who purchased the motor vehicle after the production notice was given who satisfies the commissioner that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.\ns 74M ins 2013 No. 15 s 16\n(sec.74M-ssec.1) The date stated in a vehicle production notice for production of a motor vehicle must be a date that is no later than the first business day occurring 5 days after the notice is given.\n(sec.74M-ssec.2) The disposal of a motor vehicle within the period of 5 days after a vehicle production notice is given in relation to the motor vehicle does not affect the requirement to produce the motor vehicle in accordance with the notice, except as provided by subsection (3) .\n(sec.74M-ssec.3) A vehicle production notice ceases to have effect in relation to a motor vehicle if it is withdrawn by the commissioner by notice in writing given to— the owner of the motor vehicle; or a person who purchased the motor vehicle after the production notice was given who satisfies the commissioner that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.\n- (a) the owner of the motor vehicle; or\n- (b) a person who purchased the motor vehicle after the production notice was given who satisfies the commissioner that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.","sortOrder":157},{"sectionNumber":"ch.4-pt.2-div.1D","sectionType":"division","heading":"General provisions relating to impounding and immobilising motor vehicles","content":"## General provisions relating to impounding and immobilising motor vehicles","sortOrder":158},{"sectionNumber":"sec.75","sectionType":"section","heading":"Particular powers for impounding or immobilising motor vehicles","content":"### sec.75 Particular powers for impounding or immobilising motor vehicles\n\nTo impound a motor vehicle under divisions 1 , 1A or part 2A , division 1 , or to immobilise a motor vehicle under division 1B , a police officer may—\nstop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or\nrequire the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or\ndirect the person who has the key needed to move the motor vehicle—\nto give the key to a police officer; or\nif the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or\nif it is necessary to enter the motor vehicle to impound or immobilise it, enter the motor vehicle to impound or immobilise it; or\nenter a place, other than the part of the place that is a dwelling, and stay for a reasonable time on the place; or\ndo anything else reasonably necessary for impounding or immobilising the motor vehicle.\nAlso, when impounding or immobilising a motor vehicle that is not registered under a transport Act, a police officer may require the driver of the motor vehicle to state the name and address of the owner of the motor vehicle.\nFailure to comply with a direction or requirement given or made under this section is an offence against section 791 .\nAfter impounding a motor vehicle, a police officer may move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate.\ndriving, pushing, towing or transporting the motor vehicle\nSubsection (1) (a) and (b) is in addition to, and does not limit, section 60 or 61 .\nAlso, the powers exercisable under subsection (1) (a) and (b) may be exercised before or after the motor vehicle is impounded or immobilised.\ns 75 ins 2002 No. 33 s 6\namd 2003 No. 92 s 7\nsub 2005 No. 64 s 7\namd 2006 No. 57 s 9 ; 2013 No. 15 s 18\n(sec.75-ssec.1) To impound a motor vehicle under divisions 1 , 1A or part 2A , division 1 , or to immobilise a motor vehicle under division 1B , a police officer may— stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or direct the person who has the key needed to move the motor vehicle— to give the key to a police officer; or if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or if it is necessary to enter the motor vehicle to impound or immobilise it, enter the motor vehicle to impound or immobilise it; or enter a place, other than the part of the place that is a dwelling, and stay for a reasonable time on the place; or do anything else reasonably necessary for impounding or immobilising the motor vehicle.\n(sec.75-ssec.2) Also, when impounding or immobilising a motor vehicle that is not registered under a transport Act, a police officer may require the driver of the motor vehicle to state the name and address of the owner of the motor vehicle. Failure to comply with a direction or requirement given or made under this section is an offence against section 791 .\n(sec.75-ssec.2A) After impounding a motor vehicle, a police officer may move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate. driving, pushing, towing or transporting the motor vehicle\n(sec.75-ssec.3) Subsection (1) (a) and (b) is in addition to, and does not limit, section 60 or 61 .\n(sec.75-ssec.4) Also, the powers exercisable under subsection (1) (a) and (b) may be exercised before or after the motor vehicle is impounded or immobilised.\n- (a) stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or\n- (b) require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or\n- (c) direct the person who has the key needed to move the motor vehicle— (i) to give the key to a police officer; or (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or\n- (i) to give the key to a police officer; or\n- (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or\n- (d) if it is necessary to enter the motor vehicle to impound or immobilise it, enter the motor vehicle to impound or immobilise it; or\n- (e) enter a place, other than the part of the place that is a dwelling, and stay for a reasonable time on the place; or\n- (f) do anything else reasonably necessary for impounding or immobilising the motor vehicle.\n- (i) to give the key to a police officer; or\n- (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or","sortOrder":159},{"sectionNumber":"sec.76","sectionType":"section","heading":"Release of motor vehicle in particular circumstances","content":"### sec.76 Release of motor vehicle in particular circumstances\n\nIf a motor vehicle that is impounded or immobilised is a motor vehicle that is being unlawfully used or has been stolen or is a rental motor vehicle—\nthe motor vehicle must be released to the owner as soon as reasonably practicable; and\nan application for an impounding order or a forfeiture order about the motor vehicle must not be made.\nIn this section—\nrental motor vehicle means a motor vehicle made available by a person in the course of a business in which the person rents vehicles to members of the public.\ns 76 ins 2002 No. 33 s 6\nsub 2003 No. 92 s 8 ; 2005 No. 64 s 7\namd 2013 No. 15 s 19\n(sec.76-ssec.1) If a motor vehicle that is impounded or immobilised is a motor vehicle that is being unlawfully used or has been stolen or is a rental motor vehicle— the motor vehicle must be released to the owner as soon as reasonably practicable; and an application for an impounding order or a forfeiture order about the motor vehicle must not be made.\n(sec.76-ssec.2) In this section— rental motor vehicle means a motor vehicle made available by a person in the course of a business in which the person rents vehicles to members of the public.\n- (a) the motor vehicle must be released to the owner as soon as reasonably practicable; and\n- (b) an application for an impounding order or a forfeiture order about the motor vehicle must not be made.","sortOrder":160},{"sectionNumber":"sec.77","sectionType":"section","heading":"Police officer may authorise tow","content":"### sec.77 Police officer may authorise tow\n\nThis section applies if a police officer—\narranges for an impounded motor vehicle to be towed to a holding yard; or\narranges for an immobilised motor vehicle to be towed to a place.\nA police officer may sign a towing authority for the impounded or immobilised motor vehicle.\nThe driver of a tow truck towing the impounded or immobilised motor vehicle under a towing authority must tow the motor vehicle to—\nif the police officer directs the driver to tow the motor vehicle to a particular holding yard or place—the holding yard or the place; or\nif paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.\nIn this section—\ntowing authority , in relation to a motor vehicle, means a document that states that a particular person is authorised to tow the vehicle.\ns 77 ins 2002 No. 33 s 6\nsub 2003 No. 92 s 8 ; 2005 No. 64 s 7\namd 2013 No. 15 s 20 ; 2023 No. 28 s 187\n(sec.77-ssec.1) This section applies if a police officer— arranges for an impounded motor vehicle to be towed to a holding yard; or arranges for an immobilised motor vehicle to be towed to a place.\n(sec.77-ssec.2) A police officer may sign a towing authority for the impounded or immobilised motor vehicle.\n(sec.77-ssec.3) The driver of a tow truck towing the impounded or immobilised motor vehicle under a towing authority must tow the motor vehicle to— if the police officer directs the driver to tow the motor vehicle to a particular holding yard or place—the holding yard or the place; or if paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.\n(sec.77-ssec.4) In this section— towing authority , in relation to a motor vehicle, means a document that states that a particular person is authorised to tow the vehicle.\n- (a) arranges for an impounded motor vehicle to be towed to a holding yard; or\n- (b) arranges for an immobilised motor vehicle to be towed to a place.\n- (a) if the police officer directs the driver to tow the motor vehicle to a particular holding yard or place—the holding yard or the place; or\n- (b) if paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.","sortOrder":161},{"sectionNumber":"sec.78","sectionType":"section","heading":"Impounding notice or immobilising notice for vehicle related offence","content":"### sec.78 Impounding notice or immobilising notice for vehicle related offence\n\nThis section applies if a motor vehicle is impounded or immobilised for a vehicle related offence.\nAs soon as reasonably practicable, a police officer must give written notice in the approved form ( impounding notice ) of the impounding, or written notice in the approved form ( immobilising notice ) of the immobilising, to—\nthe driver of the motor vehicle; and\nif the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle.\nIf the driver is a child, the impounding notice or the immobilising notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2) .\nThe impounding notice or the immobilising notice must state—\nthe period that the motor vehicle is impounded or immobilised for; and\ninformation about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and\nany other information prescribed under a regulation.\nWhen giving an impounding notice or immobilising notice under this section to a child or the child’s parent or guardian, the police officer giving the notice must also give the person an explanation of the matters stated in the impounding notice or immobilising notice.\nThe police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.\nAn impounding notice or immobilising notice given to a driver under subsection (2) (a) must be given personally to the driver.\nIf the name of an owner of the motor vehicle is not known, an impounding notice or immobilising notice required to be given to the owner under subsection (2) (b) may be given by making the information required to be included on the impounding notice or immobilising notice, other than the owner’s name and address, available on the police service internet website.\ns 78 ins 2002 No. 33 s 6\nsub 2003 No. 92 s 9 ; 2005 No. 64 s 7\namd 2006 No. 57 s 10\nsub 2013 No. 15 s 21\n(sec.78-ssec.1) This section applies if a motor vehicle is impounded or immobilised for a vehicle related offence.\n(sec.78-ssec.2) As soon as reasonably practicable, a police officer must give written notice in the approved form ( impounding notice ) of the impounding, or written notice in the approved form ( immobilising notice ) of the immobilising, to— the driver of the motor vehicle; and if the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle.\n(sec.78-ssec.3) If the driver is a child, the impounding notice or the immobilising notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2) .\n(sec.78-ssec.4) The impounding notice or the immobilising notice must state— the period that the motor vehicle is impounded or immobilised for; and information about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and any other information prescribed under a regulation.\n(sec.78-ssec.5) When giving an impounding notice or immobilising notice under this section to a child or the child’s parent or guardian, the police officer giving the notice must also give the person an explanation of the matters stated in the impounding notice or immobilising notice.\n(sec.78-ssec.6) The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.\n(sec.78-ssec.7) An impounding notice or immobilising notice given to a driver under subsection (2) (a) must be given personally to the driver.\n(sec.78-ssec.8) If the name of an owner of the motor vehicle is not known, an impounding notice or immobilising notice required to be given to the owner under subsection (2) (b) may be given by making the information required to be included on the impounding notice or immobilising notice, other than the owner’s name and address, available on the police service internet website.\n- (a) the driver of the motor vehicle; and\n- (b) if the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle.\n- (a) the period that the motor vehicle is impounded or immobilised for; and\n- (b) information about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and\n- (c) any other information prescribed under a regulation.","sortOrder":162},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Other provisions relating to impounded or immobilised motor vehicles","content":"## Other provisions relating to impounded or immobilised motor vehicles","sortOrder":163},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions for div 2","content":"### sec.79 Definitions for div 2\n\nIn this division—\neligible person , for a motor vehicle, means an owner or usual driver of the motor vehicle.\ninformation notice , for a decision of the commissioner under this division, means a notice stating—\nthe decision; and\nthe reasons for the decision; and\nthat the person to whom the notice is given may appeal against the decision within 28 days after the person receives the notice; and\nhow the person may appeal against the decision.\nvehicle release notice , for a motor vehicle, means a notice stating—\nthe decision of the commissioner made under this division; and\nthe time and date when the impoundment, or immobilisation, of the vehicle ends; and\nany conditions to which the release of the motor vehicle is subject.\ns 79 prev s 79 ins 2002 No. 33 s 6\namd 2003 No. 92 s 3 sch\nsub 2005 No. 64 s 7\namd 2006 No. 57 s 11\nom 2013 No. 15 s 22\npres s 79 ins 2013 No. 15 s 24\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the person to whom the notice is given may appeal against the decision within 28 days after the person receives the notice; and\n- (d) how the person may appeal against the decision.\n- (a) the decision of the commissioner made under this division; and\n- (b) the time and date when the impoundment, or immobilisation, of the vehicle ends; and\n- (c) any conditions to which the release of the motor vehicle is subject.","sortOrder":164},{"sectionNumber":"sec.79A","sectionType":"section","heading":"Application for release of impounded or immobilised motor vehicle on basis of severe hardship","content":"### sec.79A Application for release of impounded or immobilised motor vehicle on basis of severe hardship\n\nAn eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A , or immobilised under division 1B , on the basis that the person would suffer severe hardship if the motor vehicle was not released.\nThe application must be—\nmade in the approved form; and\nsupported by enough information to enable the commissioner to decide the application.\nSee section 79B (4) and (5) for particular information the applicant must give to the commissioner.\nAn application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.\ns 79A ins 2013 No. 15 s 24\n(sec.79A-ssec.1) An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A , or immobilised under division 1B , on the basis that the person would suffer severe hardship if the motor vehicle was not released.\n(sec.79A-ssec.2) The application must be— made in the approved form; and supported by enough information to enable the commissioner to decide the application. See section 79B (4) and (5) for particular information the applicant must give to the commissioner.\n(sec.79A-ssec.3) An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.\n- (a) made in the approved form; and\n- (b) supported by enough information to enable the commissioner to decide the application.","sortOrder":165},{"sectionNumber":"sec.79B","sectionType":"section","heading":"Decision on application for release of impounded or immobilised motor vehicle on basis of severe hardship","content":"### sec.79B Decision on application for release of impounded or immobilised motor vehicle on basis of severe hardship\n\nThe commissioner must consider an application for the release of a motor vehicle under section 79A after receiving all necessary information relevant to the application and either—\ngrant the application; or\nrefuse to grant the application.\nThe commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\nThe commissioner may grant the application only if the commissioner is satisfied a refusal to grant the application would—\ncause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or\ncause severe physical hardship to the applicant or the applicant’s family.\nFor subsection (3) (a) , the applicant must give the following to the commissioner—\na statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family;\nif the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused.\nFor subsection (3) (b) , the applicant must give the commissioner a statement made by the applicant that—\noutlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and\nhas attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement.\nIf the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\nIf the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\nThe commissioner may grant the application with or without conditions.\na condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\na condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\nA condition made by the commissioner under this section expires on the earlier of the following—\nif the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\nwhen the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\nIn this section—\ncertified copy , of documentary evidence, means certified by a justice of the peace or commissioner for declarations in writing to be a true copy of the documentary evidence.\ns 79B ins 2013 No. 15 s 24\n(sec.79B-ssec.1) The commissioner must consider an application for the release of a motor vehicle under section 79A after receiving all necessary information relevant to the application and either— grant the application; or refuse to grant the application.\n(sec.79B-ssec.2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\n(sec.79B-ssec.3) The commissioner may grant the application only if the commissioner is satisfied a refusal to grant the application would— cause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or cause severe physical hardship to the applicant or the applicant’s family.\n(sec.79B-ssec.4) For subsection (3) (a) , the applicant must give the following to the commissioner— a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family; if the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused.\n(sec.79B-ssec.5) For subsection (3) (b) , the applicant must give the commissioner a statement made by the applicant that— outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement.\n(sec.79B-ssec.6) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\n(sec.79B-ssec.7) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\n(sec.79B-ssec.8) The commissioner may grant the application with or without conditions. a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n(sec.79B-ssec.9) A condition made by the commissioner under this section expires on the earlier of the following— if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued; when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\n(sec.79B-ssec.10) In this section— certified copy , of documentary evidence, means certified by a justice of the peace or commissioner for declarations in writing to be a true copy of the documentary evidence.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- (a) cause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or\n- (b) cause severe physical hardship to the applicant or the applicant’s family.\n- (a) a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family;\n- (b) if the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused.\n- (a) outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and\n- (b) has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement.\n- 1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\n- 2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n- (a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\n- (b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.","sortOrder":166},{"sectionNumber":"sec.79C","sectionType":"section","heading":"Application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent","content":"### sec.79C Application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent\n\nThe owner of a motor vehicle impounded under division 1 or 1A , or immobilised under division 1B , may apply to the commissioner for the release of the motor vehicle on the basis that the offence happened without the consent of the person.\nThe application must be—\nmade in the approved form; and\nsupported by enough information to enable the commissioner to decide the application.\nAn application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.\ns 79C ins 2013 No. 15 s 24\n(sec.79C-ssec.1) The owner of a motor vehicle impounded under division 1 or 1A , or immobilised under division 1B , may apply to the commissioner for the release of the motor vehicle on the basis that the offence happened without the consent of the person.\n(sec.79C-ssec.2) The application must be— made in the approved form; and supported by enough information to enable the commissioner to decide the application.\n(sec.79C-ssec.3) An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.\n- (a) made in the approved form; and\n- (b) supported by enough information to enable the commissioner to decide the application.","sortOrder":167},{"sectionNumber":"sec.79D","sectionType":"section","heading":"Decision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent","content":"### sec.79D Decision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent\n\nThe commissioner must consider an application for the release of a motor vehicle under section 79C after receiving all necessary information relevant to the application and either—\ngrant the application; or\nrefuse to grant the application.\nThe commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\nThe commissioner may grant the application only if the commissioner is satisfied the relevant prescribed offence happened without the consent of the owner.\nIf the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\nIf the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\nThe commissioner may grant the application with or without conditions.\na condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\na condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\nA condition made by the commissioner under this section expires on the earlier of the following—\nif the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\nwhen the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\nIn this section—\nrelevant prescribed offence means the prescribed offence because of which the impoundment or immobilisation has happened.\ns 79D ins 2013 No. 15 s 24\n(sec.79D-ssec.1) The commissioner must consider an application for the release of a motor vehicle under section 79C after receiving all necessary information relevant to the application and either— grant the application; or refuse to grant the application.\n(sec.79D-ssec.2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\n(sec.79D-ssec.3) The commissioner may grant the application only if the commissioner is satisfied the relevant prescribed offence happened without the consent of the owner.\n(sec.79D-ssec.4) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\n(sec.79D-ssec.5) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\n(sec.79D-ssec.6) The commissioner may grant the application with or without conditions. a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n(sec.79D-ssec.7) A condition made by the commissioner under this section expires on the earlier of the following— if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued; when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\n(sec.79D-ssec.8) In this section— relevant prescribed offence means the prescribed offence because of which the impoundment or immobilisation has happened.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- 1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\n- 2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n- (a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\n- (b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.","sortOrder":168},{"sectionNumber":"sec.79E","sectionType":"section","heading":"Application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified","content":"### sec.79E Application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified\n\nThis section applies if a motor vehicle is impounded under division 1 or 1A , or immobilised under division 1B , because of the commission of a relevant type 2 vehicle related offence.\nAn eligible person may apply to the commissioner for the release of the motor vehicle on the basis that the circumstances giving rise to the offence have been rectified.\nThe application must be—\nmade in the approved form; and\nsupported by enough information to enable the commissioner to decide the application.\na receipt issued by the department within which the Road Use Management Act is administered indicating the payment of vehicle registration fees for an impounded motor vehicle or a copy of a license issued by that department\nIn this section—\nrelevant type 2 vehicle related offence means—\nan offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; or\nan offence against the Road Use Management Act , section 78 (1) .\ns 79E ins 2013 No. 15 s 24\n(sec.79E-ssec.1) This section applies if a motor vehicle is impounded under division 1 or 1A , or immobilised under division 1B , because of the commission of a relevant type 2 vehicle related offence.\n(sec.79E-ssec.2) An eligible person may apply to the commissioner for the release of the motor vehicle on the basis that the circumstances giving rise to the offence have been rectified.\n(sec.79E-ssec.3) The application must be— made in the approved form; and supported by enough information to enable the commissioner to decide the application. a receipt issued by the department within which the Road Use Management Act is administered indicating the payment of vehicle registration fees for an impounded motor vehicle or a copy of a license issued by that department\n(sec.79E-ssec.4) In this section— relevant type 2 vehicle related offence means— an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; or an offence against the Road Use Management Act , section 78 (1) .\n- (a) made in the approved form; and\n- (b) supported by enough information to enable the commissioner to decide the application. Examples for paragraph (b) — a receipt issued by the department within which the Road Use Management Act is administered indicating the payment of vehicle registration fees for an impounded motor vehicle or a copy of a license issued by that department\n- (a) an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; or\n- (b) an offence against the Road Use Management Act , section 78 (1) .","sortOrder":169},{"sectionNumber":"sec.79F","sectionType":"section","heading":"Decision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified","content":"### sec.79F Decision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified\n\nThe commissioner must consider an application for the release of a motor vehicle under section 79E after receiving all necessary information relevant to the application and either—\ngrant the application; or\nrefuse to grant the application.\nThe commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\nThe commissioner may grant the application if the commissioner is satisfied the circumstances giving rise to the offence have been rectified.\nIf the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\nIf the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\nThe commissioner may grant the application with or without conditions.\na condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\na condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\nA condition made by the commissioner under this section expires on the earlier of the following—\nif the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\nwhen the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\ns 79F ins 2013 No. 15 s 24\n(sec.79F-ssec.1) The commissioner must consider an application for the release of a motor vehicle under section 79E after receiving all necessary information relevant to the application and either— grant the application; or refuse to grant the application.\n(sec.79F-ssec.2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\n(sec.79F-ssec.3) The commissioner may grant the application if the commissioner is satisfied the circumstances giving rise to the offence have been rectified.\n(sec.79F-ssec.4) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\n(sec.79F-ssec.5) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\n(sec.79F-ssec.6) The commissioner may grant the application with or without conditions. a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n(sec.79F-ssec.7) A condition made by the commissioner under this section expires on the earlier of the following— if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued; when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- 1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\n- 2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n- (a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\n- (b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.","sortOrder":170},{"sectionNumber":"sec.79G","sectionType":"section","heading":"Application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable","content":"### sec.79G Application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable\n\nAn eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A , or immobilised under division 1B , on the basis that there were not reasonable grounds to impound or immobilise the motor vehicle.\nThe application must be—\nmade in the approved form; and\nsupported by enough information to enable the commissioner to decide the application.\ns 79G ins 2013 No. 15 s 24\n(sec.79G-ssec.1) An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A , or immobilised under division 1B , on the basis that there were not reasonable grounds to impound or immobilise the motor vehicle.\n(sec.79G-ssec.2) The application must be— made in the approved form; and supported by enough information to enable the commissioner to decide the application.\n- (a) made in the approved form; and\n- (b) supported by enough information to enable the commissioner to decide the application.","sortOrder":171},{"sectionNumber":"sec.79H","sectionType":"section","heading":"Decision on application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable","content":"### sec.79H Decision on application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable\n\nThe commissioner must consider an application for the release of a motor vehicle under section 79G after receiving all necessary information relevant to the application and either—\ngrant the application; or\nrefuse to grant the application.\nThe commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\nThe commissioner may grant the application if the commissioner is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle.\nIf the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\nIf the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\nThe commissioner may grant the application with or without conditions.\na condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\na condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\nA condition made by the commissioner under this section expires on the earlier of the following—\nif the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\nwhen the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\ns 79H ins 2013 No. 15 s 24\n(sec.79H-ssec.1) The commissioner must consider an application for the release of a motor vehicle under section 79G after receiving all necessary information relevant to the application and either— grant the application; or refuse to grant the application.\n(sec.79H-ssec.2) The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.\n(sec.79H-ssec.3) The commissioner may grant the application if the commissioner is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle.\n(sec.79H-ssec.4) If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.\n(sec.79H-ssec.5) If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.\n(sec.79H-ssec.6) The commissioner may grant the application with or without conditions. a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n(sec.79H-ssec.7) A condition made by the commissioner under this section expires on the earlier of the following— if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued; when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.\n- (a) grant the application; or\n- (b) refuse to grant the application.\n- 1 a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle\n- 2 a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes\n- (a) if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;\n- (b) when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.","sortOrder":172},{"sectionNumber":"sec.79I","sectionType":"section","heading":"Impoundment or immobilisation ends if application for release of motor vehicle granted","content":"### sec.79I Impoundment or immobilisation ends if application for release of motor vehicle granted\n\nIf the commissioner grants an application for the release of a motor vehicle under this division, the impoundment of the motor vehicle under division 1 or 1A , or the immobilisation of the motor vehicle under division 1B , ends.\nThis section applies subject to section 79P .\ns 79I ins 2013 No. 15 s 24\n(sec.79I-ssec.1) If the commissioner grants an application for the release of a motor vehicle under this division, the impoundment of the motor vehicle under division 1 or 1A , or the immobilisation of the motor vehicle under division 1B , ends.\n(sec.79I-ssec.2) This section applies subject to section 79P .","sortOrder":173},{"sectionNumber":"sec.79J","sectionType":"section","heading":"Who may appeal","content":"### sec.79J Who may appeal\n\nA person who is aggrieved by a decision of the commissioner under section 79B , 79D , 79F or 79H may appeal against the decision.\nIn this section—\ndecision includes a condition made by the commissioner under section 79B , 79D , 79F or 79H in relation to granting an application for the release of a motor vehicle.\ns 79J ins 2013 No. 15 s 24\n(sec.79J-ssec.1) A person who is aggrieved by a decision of the commissioner under section 79B , 79D , 79F or 79H may appeal against the decision.\n(sec.79J-ssec.2) In this section— decision includes a condition made by the commissioner under section 79B , 79D , 79F or 79H in relation to granting an application for the release of a motor vehicle.","sortOrder":174},{"sectionNumber":"sec.79K","sectionType":"section","heading":"How to start appeal","content":"### sec.79K How to start appeal\n\nThe appeal is started by filing a notice of appeal with the clerk of a Magistrates Court.\nThe appellant must serve a copy of the notice on—\nthe other persons entitled to appeal against the decision; and\nthe commissioner.\nDespite subsection (2) , the clerk of the court may ask the commissioner to serve a copy of the notice on a person mentioned in subsection (2) (a) whom the appellant is unable to serve.\nThe notice of appeal must be filed within 28 days after the person is given an information notice for the decision.\nThe court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\ns 79K ins 2013 No. 15 s 24\n(sec.79K-ssec.1) The appeal is started by filing a notice of appeal with the clerk of a Magistrates Court.\n(sec.79K-ssec.2) The appellant must serve a copy of the notice on— the other persons entitled to appeal against the decision; and the commissioner.\n(sec.79K-ssec.3) Despite subsection (2) , the clerk of the court may ask the commissioner to serve a copy of the notice on a person mentioned in subsection (2) (a) whom the appellant is unable to serve.\n(sec.79K-ssec.4) The notice of appeal must be filed within 28 days after the person is given an information notice for the decision.\n(sec.79K-ssec.5) The court may at any time extend the period for filing the notice of appeal.\n(sec.79K-ssec.6) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) the other persons entitled to appeal against the decision; and\n- (b) the commissioner.","sortOrder":175},{"sectionNumber":"sec.79L","sectionType":"section","heading":"Effect of appeal on decision","content":"### sec.79L Effect of appeal on decision\n\nThe start of an appeal against a decision of the commissioner does not affect the operation of the decision or prevent the taking of action to implement the decision.\nHowever, the court may make an order staying the operation of the decision being appealed against until the appeal is finally decided.\nThe court may act under subsection (2) on the application of the appellant or on its own initiative.\ns 79L ins 2013 No. 15 s 24\n(sec.79L-ssec.1) The start of an appeal against a decision of the commissioner does not affect the operation of the decision or prevent the taking of action to implement the decision.\n(sec.79L-ssec.2) However, the court may make an order staying the operation of the decision being appealed against until the appeal is finally decided.\n(sec.79L-ssec.3) The court may act under subsection (2) on the application of the appellant or on its own initiative.","sortOrder":176},{"sectionNumber":"sec.79M","sectionType":"section","heading":"Commissioner has right of appearance","content":"### sec.79M Commissioner has right of appearance\n\nThe commissioner has a right to appear and be heard before the court on an appeal under this subdivision.\ns 79M ins 2013 No. 15 s 24","sortOrder":177},{"sectionNumber":"sec.79N","sectionType":"section","heading":"Hearing procedures","content":"### sec.79N Hearing procedures\n\nAn appeal must be decided on the evidence before the commissioner.\nHowever, the court may order that the appeal be heard afresh, in whole or part.\ns 79N ins 2013 No. 15 s 24\n(sec.79N-ssec.1) An appeal must be decided on the evidence before the commissioner.\n(sec.79N-ssec.2) However, the court may order that the appeal be heard afresh, in whole or part.","sortOrder":178},{"sectionNumber":"sec.79O","sectionType":"section","heading":"Powers of Magistrates Court","content":"### sec.79O Powers of Magistrates Court\n\nIn deciding an appeal, the court may—\nconfirm the decision appealed against; or\nset aside the decision and substitute another decision that it considers appropriate.\ns 79O ins 2013 No. 15 s 24\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision and substitute another decision that it considers appropriate.","sortOrder":179},{"sectionNumber":"sec.79P","sectionType":"section","heading":"Power to take certain action if breach of condition","content":"### sec.79P Power to take certain action if breach of condition\n\nThis section applies if—\nthe commissioner grants an application under this division for the release of an impounded or immobilised motor vehicle with a condition; and\nthe condition is breached.\nA police officer may impound or immobilise the motor vehicle for the remainder of the period for which the vehicle would have been impounded or immobilised.\nFor impounding or immobilising a motor vehicle under this section, a police officer may exercise any of the powers under section 75 if the police officer reasonably considers the exercise of the power may be effective for the purpose.\ns 79P ins 2013 No. 15 s 24\n(sec.79P-ssec.1) This section applies if— the commissioner grants an application under this division for the release of an impounded or immobilised motor vehicle with a condition; and the condition is breached.\n(sec.79P-ssec.2) A police officer may impound or immobilise the motor vehicle for the remainder of the period for which the vehicle would have been impounded or immobilised.\n(sec.79P-ssec.3) For impounding or immobilising a motor vehicle under this section, a police officer may exercise any of the powers under section 75 if the police officer reasonably considers the exercise of the power may be effective for the purpose.\n- (a) the commissioner grants an application under this division for the release of an impounded or immobilised motor vehicle with a condition; and\n- (b) the condition is breached.","sortOrder":180},{"sectionNumber":"sec.79Q","sectionType":"section","heading":"Delegation—commissioner","content":"### sec.79Q Delegation—commissioner\n\nThe commissioner may delegate any of the commissioner’s powers under this division including, for example, considering an application for the release of an impounded or immobilised vehicle under subdivision 2 and making a decision about the application, to a police officer of at least the rank of inspector.\ns 79Q ins 2013 No. 15 s 24","sortOrder":181},{"sectionNumber":"ch.4-pt.2-div.2A","sectionType":"division","heading":null,"content":"","sortOrder":182},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":183},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":184},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":185},{"sectionNumber":"ch.4-pt.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":186},{"sectionNumber":"ch.4-pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":187},{"sectionNumber":"ch.4-pt.2A","sectionType":"part","heading":"Impounding motorbikes for motorbike noise direction offences or motorbike noise order offences","content":"# Impounding motorbikes for motorbike noise direction offences or motorbike noise order offences","sortOrder":188},{"sectionNumber":"ch.4-pt.2A-div.1","sectionType":"division","heading":"Impounding powers for motorbike noise direction offences or motorbike noise order offences","content":"## Impounding powers for motorbike noise direction offences or motorbike noise order offences","sortOrder":189},{"sectionNumber":"sec.80","sectionType":"section","heading":"Impounding motorbike for motorbike noise direction offence or motorbike noise order offence","content":"### sec.80 Impounding motorbike for motorbike noise direction offence or motorbike noise order offence\n\nA police officer may impound a motorbike if—\nthe driver of the motorbike is charged with having committed—\na motorbike noise direction offence; or\na motorbike noise order offence; or\nthe driver of the motorbike is a child and the police officer reasonably suspects the child has committed—\na motorbike noise direction offence; or\na motorbike noise order offence.\nFor when a person is charged with an offence, see section 71 .\nA motorbike impounded under subsection (1) may be impounded for the initial impoundment period.\ns 80 prev s 80 ins 2002 No. 33 s 6\namd 2003 No. 22 s 30 sch ; 2003 No. 92 s 10\nsub 2005 No. 64 s 7\namd 2006 No. 57 s 13\nom 2013 No. 15 s 23\npres s 80 ins 2013 No. 15 s 25\n(sec.80-ssec.1) A police officer may impound a motorbike if— the driver of the motorbike is charged with having committed— a motorbike noise direction offence; or a motorbike noise order offence; or the driver of the motorbike is a child and the police officer reasonably suspects the child has committed— a motorbike noise direction offence; or a motorbike noise order offence. For when a person is charged with an offence, see section 71 .\n(sec.80-ssec.2) A motorbike impounded under subsection (1) may be impounded for the initial impoundment period.\n- (a) the driver of the motorbike is charged with having committed— (i) a motorbike noise direction offence; or (ii) a motorbike noise order offence; or\n- (i) a motorbike noise direction offence; or\n- (ii) a motorbike noise order offence; or\n- (b) the driver of the motorbike is a child and the police officer reasonably suspects the child has committed— (i) a motorbike noise direction offence; or (ii) a motorbike noise order offence.\n- (i) a motorbike noise direction offence; or\n- (ii) a motorbike noise order offence.\n- (i) a motorbike noise direction offence; or\n- (ii) a motorbike noise order offence; or\n- (i) a motorbike noise direction offence; or\n- (ii) a motorbike noise order offence.","sortOrder":190},{"sectionNumber":"sec.81","sectionType":"section","heading":"Impounding notice for motorbike noise direction offence or motorbike noise order offence","content":"### sec.81 Impounding notice for motorbike noise direction offence or motorbike noise order offence\n\nThis section applies if a motorbike is impounded for a motorbike noise direction offence or a motorbike noise order offence.\nAs soon as reasonably practicable, a police officer must give written notice in the approved form ( impounding notice ) of the impounding to—\nthe driver of the motorbike; and\nif the driver is not the owner or not the only owner of the motorbike—the owner or each other owner of the motorbike.\nIf the driver is a child, the impounding notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2) .\nIf the motorbike is impounded for a motorbike noise direction offence, the impounding notice must include the information required under section 82 .\nIf the motorbike is impounded for a motorbike noise order offence, the impounding notice must include the information required under section 83 or 84 .\nWhen giving an impounding notice under this section to a child or the child’s parent or guardian, the police officer giving the impounding notice must also give the person an explanation of the matters stated in the notice.\nThe police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.\nAn impounding notice given to a driver under subsection (2) (a) must be given personally to the driver.\nAlso, if the name of the owner of the motorbike is not known, an impounding notice required to be given to the owner under subsection (2) (b) may be given by making the information required to be included on the impounding notice, other than the owner’s name and address, available on the police service internet website.\ns 81 prev s 81 ins 2003 No. 92 s 11\nsub 2005 No. 64 s 7\namd 2006 No. 57 s 14\nom 2013 No. 15 s 23\npres s 81 ins 2013 No. 15 s 25\n(sec.81-ssec.1) This section applies if a motorbike is impounded for a motorbike noise direction offence or a motorbike noise order offence.\n(sec.81-ssec.2) As soon as reasonably practicable, a police officer must give written notice in the approved form ( impounding notice ) of the impounding to— the driver of the motorbike; and if the driver is not the owner or not the only owner of the motorbike—the owner or each other owner of the motorbike.\n(sec.81-ssec.3) If the driver is a child, the impounding notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2) .\n(sec.81-ssec.4) If the motorbike is impounded for a motorbike noise direction offence, the impounding notice must include the information required under section 82 .\n(sec.81-ssec.5) If the motorbike is impounded for a motorbike noise order offence, the impounding notice must include the information required under section 83 or 84 .\n(sec.81-ssec.6) When giving an impounding notice under this section to a child or the child’s parent or guardian, the police officer giving the impounding notice must also give the person an explanation of the matters stated in the notice.\n(sec.81-ssec.7) The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.\n(sec.81-ssec.8) An impounding notice given to a driver under subsection (2) (a) must be given personally to the driver.\n(sec.81-ssec.9) Also, if the name of the owner of the motorbike is not known, an impounding notice required to be given to the owner under subsection (2) (b) may be given by making the information required to be included on the impounding notice, other than the owner’s name and address, available on the police service internet website.\n- (a) the driver of the motorbike; and\n- (b) if the driver is not the owner or not the only owner of the motorbike—the owner or each other owner of the motorbike.","sortOrder":191},{"sectionNumber":"sec.81A","sectionType":"section","heading":null,"content":"### Section sec.81A\n\ns 81A ins 2006 No. 57 s 15\nom 2013 No. 15 s 23","sortOrder":192},{"sectionNumber":"sec.81B","sectionType":"section","heading":null,"content":"### Section sec.81B\n\ns 81B ins 2006 No. 57 s 15\nom 2013 No. 15 s 23","sortOrder":193},{"sectionNumber":"ch.4-pt.2A-div.2","sectionType":"division","heading":"Notice requirements for motorbikes impounded for motorbike noise direction offences or motorbike noise order offences","content":"## Notice requirements for motorbikes impounded for motorbike noise direction offences or motorbike noise order offences","sortOrder":194},{"sectionNumber":"sec.82","sectionType":"section","heading":"Content of notice for motorbike noise direction offence","content":"### sec.82 Content of notice for motorbike noise direction offence\n\nThis section applies if a motorbike has been impounded because a police officer reasonably suspects the driver of the motorbike has committed a motorbike noise direction offence.\nThe impounding notice must state—\nthat the motorbike is impounded for the initial impoundment period; and\nthe prescribed impoundment information; and\nthat an application will be made to the relevant court for a noise abatement order within 48 hours after the end of the impoundment period.\ns 82 ins 2005 No. 64 s 7\n(sec.82-ssec.1) This section applies if a motorbike has been impounded because a police officer reasonably suspects the driver of the motorbike has committed a motorbike noise direction offence.\n(sec.82-ssec.2) The impounding notice must state— that the motorbike is impounded for the initial impoundment period; and the prescribed impoundment information; and that an application will be made to the relevant court for a noise abatement order within 48 hours after the end of the impoundment period.\n- (a) that the motorbike is impounded for the initial impoundment period; and\n- (b) the prescribed impoundment information; and\n- (c) that an application will be made to the relevant court for a noise abatement order within 48 hours after the end of the impoundment period.","sortOrder":195},{"sectionNumber":"sec.83","sectionType":"section","heading":"Content of notice for first motorbike noise order offence","content":"### sec.83 Content of notice for first motorbike noise order offence\n\nThis section applies if a motorbike has been impounded because of a motorbike noise order offence and section 84 does not apply to the driver of the motorbike.\nThe impounding notice must state—\nthat the motorbike is impounded for the initial impoundment period; and\nthe prescribed impoundment information; and\nthat an application will be made to the relevant court for an order that the motorbike be impounded for 3 months if the driver of the motorbike is found guilty of a motorbike noise order offence relating to the motorbike.\ns 83 ins 2005 No. 64 s 7\n(sec.83-ssec.1) This section applies if a motorbike has been impounded because of a motorbike noise order offence and section 84 does not apply to the driver of the motorbike.\n(sec.83-ssec.2) The impounding notice must state— that the motorbike is impounded for the initial impoundment period; and the prescribed impoundment information; and that an application will be made to the relevant court for an order that the motorbike be impounded for 3 months if the driver of the motorbike is found guilty of a motorbike noise order offence relating to the motorbike.\n- (a) that the motorbike is impounded for the initial impoundment period; and\n- (b) the prescribed impoundment information; and\n- (c) that an application will be made to the relevant court for an order that the motorbike be impounded for 3 months if the driver of the motorbike is found guilty of a motorbike noise order offence relating to the motorbike.","sortOrder":196},{"sectionNumber":"sec.84","sectionType":"section","heading":"Content of notice for second or subsequent motorbike noise order offence","content":"### sec.84 Content of notice for second or subsequent motorbike noise order offence\n\nThis section applies if a motorbike has been impounded because of a motorbike noise order offence and—\nthe driver of the motorbike has been found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion and has been charged with having committed another motorbike noise order offence that has not been decided and relates to that motorbike; or\nthe driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided;\nwithin 2 years after a noise abatement order is made in relation to the driver of the motorbike.\nSee section 71 for when a person is charged for this chapter. Also, this section, unlike the corresponding provisions about motor vehicle related offences, does not rely on the suspicion of a police officer because the principal operation of the section in fact relates to children and processes under the Youth Justice Act 1992 apply.\nThe impounding notice must state—\nthat the motorbike is impounded for the initial impoundment period; and\nthat an application will be made to the relevant court for an order that the motorbike be forfeited to the State if either of the following apply to the driver—\nthe driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike;\nthe driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; and\nthe prescribed impoundment information.\ns 84 ins 2005 No. 64 s 7\namd 2009 No. 34 s 45 (1) sch pt 1 amdt 27\n(sec.84-ssec.1) This section applies if a motorbike has been impounded because of a motorbike noise order offence and— the driver of the motorbike has been found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion and has been charged with having committed another motorbike noise order offence that has not been decided and relates to that motorbike; or the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; within 2 years after a noise abatement order is made in relation to the driver of the motorbike. See section 71 for when a person is charged for this chapter. Also, this section, unlike the corresponding provisions about motor vehicle related offences, does not rely on the suspicion of a police officer because the principal operation of the section in fact relates to children and processes under the Youth Justice Act 1992 apply.\n(sec.84-ssec.2) The impounding notice must state— that the motorbike is impounded for the initial impoundment period; and that an application will be made to the relevant court for an order that the motorbike be forfeited to the State if either of the following apply to the driver— the driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike; the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; and the prescribed impoundment information.\n- (a) the driver of the motorbike has been found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion and has been charged with having committed another motorbike noise order offence that has not been decided and relates to that motorbike; or\n- (b) the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided;\n- (a) that the motorbike is impounded for the initial impoundment period; and\n- (b) that an application will be made to the relevant court for an order that the motorbike be forfeited to the State if either of the following apply to the driver— (i) the driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike; (ii) the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; and\n- (i) the driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike;\n- (ii) the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; and\n- (c) the prescribed impoundment information.\n- (i) the driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike;\n- (ii) the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; and","sortOrder":197},{"sectionNumber":"ch.4-pt.2A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":198},{"sectionNumber":"ch.4-pt.2A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":199},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Obtaining impounding orders for motorbike noise order offences","content":"# Obtaining impounding orders for motorbike noise order offences","sortOrder":200},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 ins 2005 No. 64 s 7\namd 2006 No. 57 s 16\nom 2013 No. 15 s 30","sortOrder":201},{"sectionNumber":"sec.85A","sectionType":"section","heading":null,"content":"### Section sec.85A\n\ns 85A ins 2006 No. 57 s 17\nom 2013 No. 15 s 30","sortOrder":202},{"sectionNumber":"sec.86","sectionType":"section","heading":"Application for impounding order for motorbike noise order offence","content":"### sec.86 Application for impounding order for motorbike noise order offence\n\nThis section applies to the driver of a motorbike that is impounded for a motorbike noise order offence if the driver has been charged with the offence and an application for a forfeiture order for the motorbike can not be made under section 91 .\nWithin 48 hours after charging the person with the offence, a police officer must apply in the approved form for an order that the motorbike be held at a holding yard for a period of not more than 3 months ( impounding order ).\nThe application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (5) of this section.\nSubsection (3) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\nIf the application is properly made to a magistrate under section 800 , the magistrate must—\norder that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and\ngive a copy of the application and the order to the clerk of the court of the relevant court.\ns 86 ins 2005 No. 64 s 7\n(sec.86-ssec.1) This section applies to the driver of a motorbike that is impounded for a motorbike noise order offence if the driver has been charged with the offence and an application for a forfeiture order for the motorbike can not be made under section 91 .\n(sec.86-ssec.2) Within 48 hours after charging the person with the offence, a police officer must apply in the approved form for an order that the motorbike be held at a holding yard for a period of not more than 3 months ( impounding order ).\n(sec.86-ssec.3) The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (5) of this section.\n(sec.86-ssec.4) Subsection (3) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\n(sec.86-ssec.5) If the application is properly made to a magistrate under section 800 , the magistrate must— order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and give a copy of the application and the order to the clerk of the court of the relevant court.\n- (a) order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and\n- (b) give a copy of the application and the order to the clerk of the court of the relevant court.","sortOrder":203},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 ins 2005 No. 64 s 7\namd 2006 No. 57 s 18\nom 2013 No. 15 s 32","sortOrder":204},{"sectionNumber":"sec.87A","sectionType":"section","heading":null,"content":"### Section sec.87A\n\ns 87A ins 2006 No. 57 s 19\nom 2013 No. 15 s 32","sortOrder":205},{"sectionNumber":"sec.88","sectionType":"section","heading":"Orders on application for impounding order if motorbike noise order offence not decided","content":"### sec.88 Orders on application for impounding order if motorbike noise order offence not decided\n\nThis section applies if—\nan application is made to a relevant court under section 86 for an impounding order for a motorbike; and\nany proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.\nThe court must adjourn the application until the driver has been found guilty of the offence.\ns 88 ins 2005 No. 64 s 7\n(sec.88-ssec.1) This section applies if— an application is made to a relevant court under section 86 for an impounding order for a motorbike; and any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.\n(sec.88-ssec.2) The court must adjourn the application until the driver has been found guilty of the offence.\n- (a) an application is made to a relevant court under section 86 for an impounding order for a motorbike; and\n- (b) any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.","sortOrder":206},{"sectionNumber":"sec.89","sectionType":"section","heading":"Advice to owner of motorbike of date of hearing","content":"### sec.89 Advice to owner of motorbike of date of hearing\n\nAs soon as reasonably practicable after a date is set for the hearing of an application for an impounding order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.\nIf the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.\ns 89 ins 2005 No. 64 s 7\namd 2013 No. 15 s 34\n(sec.89-ssec.1) As soon as reasonably practicable after a date is set for the hearing of an application for an impounding order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.\n(sec.89-ssec.2) If the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.","sortOrder":207},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Obtaining forfeiture orders for motorbike noise order offences","content":"# Obtaining forfeiture orders for motorbike noise order offences","sortOrder":208},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 ins 2005 No. 64 s 7\namd 2006 No. 57 s 20\nom 2013 No. 15 s 37","sortOrder":209},{"sectionNumber":"sec.90A","sectionType":"section","heading":null,"content":"### Section sec.90A\n\ns 90A ins 2006 No. 57 s 21\nom 2013 No. 15 s 37","sortOrder":210},{"sectionNumber":"sec.91","sectionType":"section","heading":"Application for forfeiture order for motorbike noise order offence","content":"### sec.91 Application for forfeiture order for motorbike noise order offence\n\nThis section applies in relation to a motorbike impounded under section 74 for a motorbike noise order offence if the driver of the motorbike—\nhas been—\nfound guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and\ncharged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or\nhas been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided.\nWithin 48 hours after charging the person with the offence in relation to which the motorbike was impounded under section 74 , a police officer must apply in the approved form for an order that the motorbike be forfeited to the State ( forfeiture order ).\nThe application must be made in relation to at least 2 motorbike noise order offences the circumstances of which apply to the driver under subsection (1) (a) or (b) .\nThe application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (6) of this section.\nSubsection (4) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\nIf the application is properly made to a magistrate under section 800 , the magistrate must—\norder that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and\ngive a copy of the application and the order to the clerk of the court of the relevant court.\ns 91 ins 2005 No. 64 s 7\n(sec.91-ssec.1) This section applies in relation to a motorbike impounded under section 74 for a motorbike noise order offence if the driver of the motorbike— has been— found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided.\n(sec.91-ssec.2) Within 48 hours after charging the person with the offence in relation to which the motorbike was impounded under section 74 , a police officer must apply in the approved form for an order that the motorbike be forfeited to the State ( forfeiture order ).\n(sec.91-ssec.3) The application must be made in relation to at least 2 motorbike noise order offences the circumstances of which apply to the driver under subsection (1) (a) or (b) .\n(sec.91-ssec.4) The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (6) of this section.\n(sec.91-ssec.5) Subsection (4) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\n(sec.91-ssec.6) If the application is properly made to a magistrate under section 800 , the magistrate must— order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and give a copy of the application and the order to the clerk of the court of the relevant court.\n- (a) has been— (i) found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and (ii) charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or\n- (i) found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and\n- (ii) charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or\n- (b) has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided.\n- (i) found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and\n- (ii) charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or\n- (a) order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and\n- (b) give a copy of the application and the order to the clerk of the court of the relevant court.","sortOrder":211},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 ins 2005 No. 64 s 7\namd 2006 No. 57 s 22\nom 2013 No. 15 s 39","sortOrder":212},{"sectionNumber":"sec.92A","sectionType":"section","heading":null,"content":"### Section sec.92A\n\ns 92A ins 2006 No. 57 s 23\nom 2013 No. 15 s 39","sortOrder":213},{"sectionNumber":"sec.93","sectionType":"section","heading":"Orders on application for forfeiture order if motorbike noise order offence not decided","content":"### sec.93 Orders on application for forfeiture order if motorbike noise order offence not decided\n\nThis section applies if a police officer applies to a relevant court under section 91 for a forfeiture order for a motorbike and any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.\nIf the driver of the motorbike has not been found guilty of motorbike noise order offences in relation to offences committed on 2 occasions within the prescribed period, the court must adjourn the application until the driver has been found guilty of charges in relation to motorbike noise order offences committed on at least 2 occasions within the prescribed period.\nHowever, if the application relates to at least 1 motorbike noise order offence of which the driver has been found guilty, the court may make an order under subsection (4) if satisfied the motorbike should be impounded to stop the commission of another motorbike noise order offence.\nThe court may order that the motorbike be impounded, or continue to be impounded, for a stated period of not more than 3 months.\ns 93 ins 2005 No. 64 s 7\n(sec.93-ssec.1) This section applies if a police officer applies to a relevant court under section 91 for a forfeiture order for a motorbike and any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.\n(sec.93-ssec.2) If the driver of the motorbike has not been found guilty of motorbike noise order offences in relation to offences committed on 2 occasions within the prescribed period, the court must adjourn the application until the driver has been found guilty of charges in relation to motorbike noise order offences committed on at least 2 occasions within the prescribed period.\n(sec.93-ssec.3) However, if the application relates to at least 1 motorbike noise order offence of which the driver has been found guilty, the court may make an order under subsection (4) if satisfied the motorbike should be impounded to stop the commission of another motorbike noise order offence.\n(sec.93-ssec.4) The court may order that the motorbike be impounded, or continue to be impounded, for a stated period of not more than 3 months.","sortOrder":214},{"sectionNumber":"sec.94","sectionType":"section","heading":"Advice to owner of motorbike of date of hearing","content":"### sec.94 Advice to owner of motorbike of date of hearing\n\nAs soon as reasonably practicable after a date is set for the hearing of an application for a forfeiture order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.\nIf the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.\ns 94 ins 2005 No. 64 s 7\namd 2013 No. 15 s 41\n(sec.94-ssec.1) As soon as reasonably practicable after a date is set for the hearing of an application for a forfeiture order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.\n(sec.94-ssec.2) If the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.","sortOrder":215},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Deciding applications","content":"# Deciding applications","sortOrder":216},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Where and when an application may be heard","content":"## Where and when an application may be heard","sortOrder":217},{"sectionNumber":"sec.95","sectionType":"section","heading":"Where application is to be decided","content":"### sec.95 Where application is to be decided\n\nAn application for an impounding order or a forfeiture order for a motorbike noise order offence must be heard and decided by the relevant court.\ns 95 ins 2005 No. 64 s 7\namd 2013 No. 15 s 42","sortOrder":218},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 ins 2005 No. 64 s 7\namd 2006 No. 26 s 18 ; 2006 No. 57 s 24\nom 2013 No. 15 s 43","sortOrder":219},{"sectionNumber":"sec.96A","sectionType":"section","heading":null,"content":"### Section sec.96A\n\ns 96A ins 2006 No. 57 s 25\nom 2013 No. 15 s 43","sortOrder":220},{"sectionNumber":"sec.97","sectionType":"section","heading":"When application to be heard—motorbike noise order offence","content":"### sec.97 When application to be heard—motorbike noise order offence\n\nAn application for an impounding order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 1 motorbike noise order offence.\nAn application for a forfeiture order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 2 motorbike noise order offences committed on 2 occasions within the prescribed period.\nHowever, if, after an application for a forfeiture order in relation to a motorbike noise order offence is made—\nthe person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and\nno motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates;\nthe relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order.\nAn application to which subsection (3) applies is taken, for division 3 , to be an application for an impounding order.\ns 97 ins 2005 No. 64 s 7\namd 2006 No. 26 s 19 ; 2006 No. 57 s 26\n(sec.97-ssec.1) An application for an impounding order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 1 motorbike noise order offence.\n(sec.97-ssec.2) An application for a forfeiture order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 2 motorbike noise order offences committed on 2 occasions within the prescribed period.\n(sec.97-ssec.3) However, if, after an application for a forfeiture order in relation to a motorbike noise order offence is made— the person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and no motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates; the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order.\n(sec.97-ssec.4) An application to which subsection (3) applies is taken, for division 3 , to be an application for an impounding order.\n- (a) the person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and\n- (b) no motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates;","sortOrder":221},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Consideration of application if made for motorbike noise order offence","content":"## Consideration of application if made for motorbike noise order offence","sortOrder":222},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 ins 2005 No. 64 s 7\namd 2006 No. 57 s 28\nom 2013 No. 15 s 44","sortOrder":223},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 ins 2005 No. 64 s 7\namd 2006 No. 26 s 20 ; 2006 No. 57 s 29 ; 2010 No. 44 s 188\nom 2013 No. 15 s 44","sortOrder":224},{"sectionNumber":"sec.99A","sectionType":"section","heading":null,"content":"### Section sec.99A\n\ns 99A ins 2006 No. 57 s 30\nom 2013 No. 15 s 44","sortOrder":225},{"sectionNumber":"sec.99B","sectionType":"section","heading":null,"content":"### Section sec.99B\n\ns 99B ins 2006 No. 57 s 30\namd 2010 No. 44 s 189\nom 2013 No. 15 s 44","sortOrder":226},{"sectionNumber":"sec.100","sectionType":"section","heading":"Consideration of application for impounding order","content":"### sec.100 Consideration of application for impounding order\n\nOn the hearing of an application for an impounding order for a motorbike noise order offence, the relevant court may order that the motorbike be impounded for 3 months if the driver of the motorbike has been found guilty of a motorbike noise order offence.\nAlso, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103 .\nDespite subsection (1) , the relevant court may—\nmake an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and\norder that the motorbike be released to the owner.\nAlso, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner.\ns 100 ins 2005 No. 64 s 7\namd 2006 No. 57 s 31\n(sec.100-ssec.1) On the hearing of an application for an impounding order for a motorbike noise order offence, the relevant court may order that the motorbike be impounded for 3 months if the driver of the motorbike has been found guilty of a motorbike noise order offence.\n(sec.100-ssec.2) Also, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103 .\n(sec.100-ssec.3) Despite subsection (1) , the relevant court may— make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and order that the motorbike be released to the owner.\n(sec.100-ssec.4) Also, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner.\n- (a) make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and\n- (b) order that the motorbike be released to the owner.","sortOrder":227},{"sectionNumber":"sec.101","sectionType":"section","heading":"Consideration of application for forfeiture order","content":"### sec.101 Consideration of application for forfeiture order\n\nOn the hearing of an application for a forfeiture order for a motorbike noise order offence, the relevant court may order that the motorbike be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the driver of the motorbike has been found guilty of a motorbike noise order offence committed on 2 occasions within the prescribed period.\nIf—\nunder subsection (1) , the relevant court orders the impounding of the motorbike to which the application relates; and\na relevant court has previously made an impounding order under section 100 for a motorbike noise order offence committed within the relevant period and forming the basis of the application;\nthe motorbike is impounded under subsection (1) for the motorbike noise order offence giving rise to the application for the forfeiture order and not for the motorbike noise order offence to which the impounding order under section 100 relates.\nAlso, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103 .\nDespite subsection (1) , the relevant court may—\nmake an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and\norder that the motorbike be released to the owner.\nAlso, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner.\nOn the making of a forfeiture order for a motorbike—\nthe motorbike becomes the property of the State; and\nany right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the motorbike is extinguished.\ns 101 ins 2005 No. 64 s 7\namd 2006 No. 26 s 21 ; 2006 No. 57 s 32 ; 2010 No. 44 s 190\n(sec.101-ssec.1) On the hearing of an application for a forfeiture order for a motorbike noise order offence, the relevant court may order that the motorbike be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the driver of the motorbike has been found guilty of a motorbike noise order offence committed on 2 occasions within the prescribed period.\n(sec.101-ssec.2) If— under subsection (1) , the relevant court orders the impounding of the motorbike to which the application relates; and a relevant court has previously made an impounding order under section 100 for a motorbike noise order offence committed within the relevant period and forming the basis of the application; the motorbike is impounded under subsection (1) for the motorbike noise order offence giving rise to the application for the forfeiture order and not for the motorbike noise order offence to which the impounding order under section 100 relates.\n(sec.101-ssec.3) Also, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103 .\n(sec.101-ssec.4) Despite subsection (1) , the relevant court may— make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and order that the motorbike be released to the owner.\n(sec.101-ssec.5) Also, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner.\n(sec.101-ssec.6) On the making of a forfeiture order for a motorbike— the motorbike becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the motorbike is extinguished.\n- (a) under subsection (1) , the relevant court orders the impounding of the motorbike to which the application relates; and\n- (b) a relevant court has previously made an impounding order under section 100 for a motorbike noise order offence committed within the relevant period and forming the basis of the application;\n- (a) make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and\n- (b) order that the motorbike be released to the owner.\n- (a) the motorbike becomes the property of the State; and\n- (b) any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the motorbike is extinguished.","sortOrder":228},{"sectionNumber":"ch.4-pt.5-div.2A","sectionType":"division","heading":null,"content":"","sortOrder":229},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"Community service orders in relation to motorbike noise direction offences or motorbike noise order offences","content":"## Community service orders in relation to motorbike noise direction offences or motorbike noise order offences","sortOrder":230},{"sectionNumber":"sec.102","sectionType":"section","heading":"Community service instead of impounding or forfeiture order","content":"### sec.102 Community service instead of impounding or forfeiture order\n\nThis section applies if—\nthe relevant court is satisfied impounding or forfeiting a motorbike will cause severe financial or physical hardship to an owner or usual driver of the motorbike; and\nthe driver to whom the application relates was an adult when the driver committed the last offence in relation to which the application is made.\nThe court may, instead of ordering the impounding or forfeiture of the motorbike, order the driver to perform not more than 240 hours community service.\nAn order made under subsection (2) —\nis taken to be an order made under the Penalties and Sentences Act 1992 for the performance of community service under a fine option order under that Act; and\nis taken to have been made in the proceeding for the vehicle related offence or motorbike noise order offence giving rise to the application for the impounding order or forfeiture order.\ns 102 ins 2005 No. 64 s 7\namd 2013 No. 15 s 48 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.102-ssec.1) This section applies if— the relevant court is satisfied impounding or forfeiting a motorbike will cause severe financial or physical hardship to an owner or usual driver of the motorbike; and the driver to whom the application relates was an adult when the driver committed the last offence in relation to which the application is made.\n(sec.102-ssec.2) The court may, instead of ordering the impounding or forfeiture of the motorbike, order the driver to perform not more than 240 hours community service.\n(sec.102-ssec.3) An order made under subsection (2) — is taken to be an order made under the Penalties and Sentences Act 1992 for the performance of community service under a fine option order under that Act; and is taken to have been made in the proceeding for the vehicle related offence or motorbike noise order offence giving rise to the application for the impounding order or forfeiture order.\n- (a) the relevant court is satisfied impounding or forfeiting a motorbike will cause severe financial or physical hardship to an owner or usual driver of the motorbike; and\n- (b) the driver to whom the application relates was an adult when the driver committed the last offence in relation to which the application is made.\n- (a) is taken to be an order made under the Penalties and Sentences Act 1992 for the performance of community service under a fine option order under that Act; and\n- (b) is taken to have been made in the proceeding for the vehicle related offence or motorbike noise order offence giving rise to the application for the impounding order or forfeiture order.","sortOrder":231},{"sectionNumber":"ch.4-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":232},{"sectionNumber":"ch.4-pt.5A","sectionType":"part","heading":"Other provisions about applications and orders","content":"# Other provisions about applications and orders","sortOrder":233},{"sectionNumber":"ch.4-pt.5A-div.1","sectionType":"division","heading":"Costs orders for child drivers","content":"## Costs orders for child drivers","sortOrder":234},{"sectionNumber":"sec.103","sectionType":"section","heading":"Costs order for child drivers","content":"### sec.103 Costs order for child drivers\n\nThis section applies if—\nall of the following apply—\na court finds a person guilty of a prescribed offence;\nthe person was a child when the person committed the offence;\nthe motor vehicle to which the offence relates is impounded or immobilised; or\na relevant court makes an impounding order or a forfeiture order for a motorbike noise order offence and the driver of the motorbike was a child when the driver committed the last offence in relation to which the order is made.\nThe court must consider whether the child has the capacity to pay the costs of removing or keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing or keeping the motor vehicle.\nIf, after considering any submissions made by the child or the child’s parent, the court considers the child does not have the capacity to pay the costs of removing or keeping the motor vehicle, the court may call on the child’s parent under applied section 258 to show cause under applied section 259 , as directed by the court, why the parent should not pay the costs of removing or keeping the motor vehicle.\nThe court may, under applied section 259 (5), order the child’s parent to pay the costs of removing or keeping the motor vehicle.\nIn this section—\napplied section 258 means the Youth Justice Act 1992 , section 258 , as applied by section 104 .\napplied section 259 means the Youth Justice Act 1992 , section 259 , as applied by section 104 .\nparent includes a guardian other than the chief executive (child safety).\ns 103 ins 2005 No. 64 s 7\namd 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2013 No. 15 s 51 ; 2016 No. 62 s 493 s ch 1 pt 1 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.103-ssec.1) This section applies if— all of the following apply— a court finds a person guilty of a prescribed offence; the person was a child when the person committed the offence; the motor vehicle to which the offence relates is impounded or immobilised; or a relevant court makes an impounding order or a forfeiture order for a motorbike noise order offence and the driver of the motorbike was a child when the driver committed the last offence in relation to which the order is made.\n(sec.103-ssec.2) The court must consider whether the child has the capacity to pay the costs of removing or keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing or keeping the motor vehicle.\n(sec.103-ssec.3) If, after considering any submissions made by the child or the child’s parent, the court considers the child does not have the capacity to pay the costs of removing or keeping the motor vehicle, the court may call on the child’s parent under applied section 258 to show cause under applied section 259 , as directed by the court, why the parent should not pay the costs of removing or keeping the motor vehicle.\n(sec.103-ssec.4) The court may, under applied section 259 (5), order the child’s parent to pay the costs of removing or keeping the motor vehicle.\n(sec.103-ssec.5) In this section— applied section 258 means the Youth Justice Act 1992 , section 258 , as applied by section 104 . applied section 259 means the Youth Justice Act 1992 , section 259 , as applied by section 104 . parent includes a guardian other than the chief executive (child safety).\n- (a) all of the following apply— (i) a court finds a person guilty of a prescribed offence; (ii) the person was a child when the person committed the offence; (iii) the motor vehicle to which the offence relates is impounded or immobilised; or\n- (i) a court finds a person guilty of a prescribed offence;\n- (ii) the person was a child when the person committed the offence;\n- (iii) the motor vehicle to which the offence relates is impounded or immobilised; or\n- (b) a relevant court makes an impounding order or a forfeiture order for a motorbike noise order offence and the driver of the motorbike was a child when the driver committed the last offence in relation to which the order is made.\n- (i) a court finds a person guilty of a prescribed offence;\n- (ii) the person was a child when the person committed the offence;\n- (iii) the motor vehicle to which the offence relates is impounded or immobilised; or","sortOrder":235},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of applied sections for s 103","content":"### sec.104 Application of applied sections for s 103\n\nThis section states how applied sections 258 and 259 apply for section 103 .\nApplied section 258 applies as if—\nsubsections (1) and (9) were omitted; and\na reference in the applied section—\nto compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\nto the prosecution were a reference to—\nthe applicant for the impounding order or forfeiture order; or\notherwise—the prosecution for the prescribed offence.\nApplied section 259 applies as if—\na reference in the applied section—\nto compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\nto the prosecution were a reference to—\nthe applicant for the impounding order or forfeiture order; or\notherwise—the prosecution for the prescribed offence; and\na reference in applied section 259 (4)to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\napplied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and\nthe expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1)(a), (b) and (c)’ read instead as ‘that the parent should be ordered to pay the costs of removing or keeping a motor vehicle impounded or immobilised under the Police Powers and Responsibilities Act 2000 , chapter 4 ’.\nAlso, in relation to an order made under applied section 259 (5)—\nthe Youth Justice Act 1992 , section 260 does not apply to that order; and\nthe order is instead taken to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .\ns 104 ins 2005 No. 64 s 7\namd 2006 No. 26 s 3 sch 1 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2013 No. 15 s 52\n(sec.104-ssec.1) This section states how applied sections 258 and 259 apply for section 103 .\n(sec.104-ssec.2) Applied section 258 applies as if— subsections (1) and (9) were omitted; and a reference in the applied section— to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and to the prosecution were a reference to— the applicant for the impounding order or forfeiture order; or otherwise—the prosecution for the prescribed offence.\n(sec.104-ssec.3) Applied section 259 applies as if— a reference in the applied section— to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and to the prosecution were a reference to— the applicant for the impounding order or forfeiture order; or otherwise—the prosecution for the prescribed offence; and a reference in applied section 259 (4)to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and applied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and the expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1)(a), (b) and (c)’ read instead as ‘that the parent should be ordered to pay the costs of removing or keeping a motor vehicle impounded or immobilised under the Police Powers and Responsibilities Act 2000 , chapter 4 ’.\n(sec.104-ssec.4) Also, in relation to an order made under applied section 259 (5)— the Youth Justice Act 1992 , section 260 does not apply to that order; and the order is instead taken to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .\n- (a) subsections (1) and (9) were omitted; and\n- (b) a reference in the applied section— (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence.\n- (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\n- (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence.\n- (A) the applicant for the impounding order or forfeiture order; or\n- (B) otherwise—the prosecution for the prescribed offence.\n- (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\n- (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence.\n- (A) the applicant for the impounding order or forfeiture order; or\n- (B) otherwise—the prosecution for the prescribed offence.\n- (A) the applicant for the impounding order or forfeiture order; or\n- (B) otherwise—the prosecution for the prescribed offence.\n- (a) a reference in the applied section— (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence; and\n- (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\n- (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence; and\n- (A) the applicant for the impounding order or forfeiture order; or\n- (B) otherwise—the prosecution for the prescribed offence; and\n- (b) a reference in applied section 259 (4)to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\n- (c) applied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and\n- (d) the expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1)(a), (b) and (c)’ read instead as ‘that the parent should be ordered to pay the costs of removing or keeping a motor vehicle impounded or immobilised under the Police Powers and Responsibilities Act 2000 , chapter 4 ’.\n- (i) to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and\n- (ii) to the prosecution were a reference to— (A) the applicant for the impounding order or forfeiture order; or (B) otherwise—the prosecution for the prescribed offence; and\n- (A) the applicant for the impounding order or forfeiture order; or\n- (B) otherwise—the prosecution for the prescribed offence; and\n- (A) the applicant for the impounding order or forfeiture order; or\n- (B) otherwise—the prosecution for the prescribed offence; and\n- (a) the Youth Justice Act 1992 , section 260 does not apply to that order; and\n- (b) the order is instead taken to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .","sortOrder":236},{"sectionNumber":"ch.4-pt.5A-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":237},{"sectionNumber":"sec.105","sectionType":"section","heading":"Offence to remove vehicle from holding yard","content":"### sec.105 Offence to remove vehicle from holding yard\n\nA person must not unlawfully remove a motor vehicle impounded under this chapter from a holding yard.\nMaximum penalty—40 penalty units.\nFor subsection (1) , it does not matter how the motor vehicle came to be in the holding yard.\ns 105 ins 2005 No. 64 s 7\namd 2006 No. 26 s 3 sch 1\n(sec.105-ssec.1) A person must not unlawfully remove a motor vehicle impounded under this chapter from a holding yard. Maximum penalty—40 penalty units.\n(sec.105-ssec.2) For subsection (1) , it does not matter how the motor vehicle came to be in the holding yard.","sortOrder":238},{"sectionNumber":"sec.105A","sectionType":"section","heading":"Failure to comply with requirement to produce motor vehicle","content":"### sec.105A Failure to comply with requirement to produce motor vehicle\n\nA person must comply with a requirement under section 74K , unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 105A ins 2013 No. 15 s 54","sortOrder":239},{"sectionNumber":"sec.105B","sectionType":"section","heading":"Offence to operate vehicle during number plate confiscation period","content":"### sec.105B Offence to operate vehicle during number plate confiscation period\n\nA person must not operate a motor vehicle during a number plate confiscation period applying to the vehicle without reasonable excuse or unless the motor vehicle is moved under section 74I .\nMaximum penalty—40 penalty units.\ns 105B ins 2013 No. 15 s 54","sortOrder":240},{"sectionNumber":"sec.105C","sectionType":"section","heading":"Offence to remove, tamper with or modify number plate confiscation notice","content":"### sec.105C Offence to remove, tamper with or modify number plate confiscation notice\n\nA person must not, without reasonable excuse, remove, tamper with, or modify a number plate confiscation notice that has been attached to a motor vehicle under section 74H .\nMaximum penalty—40 penalty units.\ns 105C ins 2013 No. 15 s 54","sortOrder":241},{"sectionNumber":"sec.105CA","sectionType":"section","heading":"Offence to modify, sell or dispose of motor vehicle during number plate confiscation period","content":"### sec.105CA Offence to modify, sell or dispose of motor vehicle during number plate confiscation period\n\nThis section applies if a number plate confiscation notice was attached to a motor vehicle under section 74H .\nThe owner of the motor vehicle must not, without reasonable excuse, modify or sell or otherwise dispose of the motor vehicle during the number plate confiscation period.\nMaximum penalty for subsection (2) —40 penalty units.\ns 105CA ins 2018 No. 20 s 22\n(sec.105CA-ssec.1) This section applies if a number plate confiscation notice was attached to a motor vehicle under section 74H .\n(sec.105CA-ssec.2) The owner of the motor vehicle must not, without reasonable excuse, modify or sell or otherwise dispose of the motor vehicle during the number plate confiscation period. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":242},{"sectionNumber":"sec.105D","sectionType":"section","heading":"Offence to tamper with, remove or modify immobilising device","content":"### sec.105D Offence to tamper with, remove or modify immobilising device\n\nA person must not, without reasonable excuse, tamper with, remove or modify an immobilising device attached to a motor vehicle.\nMaximum penalty—40 penalty units.\ns 105D ins 2013 No. 15 s 54","sortOrder":243},{"sectionNumber":"sec.105E","sectionType":"section","heading":"Offence to operate motor vehicle if immobilising device unlawfully removed, tampered with or modified","content":"### sec.105E Offence to operate motor vehicle if immobilising device unlawfully removed, tampered with or modified\n\nA person must not, without reasonable excuse, operate a motor vehicle if an immobilising device attached to the motor vehicle has been unlawfully removed, tampered with or modified.\nMaximum penalty—40 penalty units.\ns 105E ins 2013 No. 15 s 54","sortOrder":244},{"sectionNumber":"sec.105F","sectionType":"section","heading":"Offence to breach condition made on release of motor vehicle","content":"### sec.105F Offence to breach condition made on release of motor vehicle\n\nA person must not contravene a condition made on the release of a motor vehicle by the commissioner under part 2 , division 2 unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 105F ins 2013 No. 15 s 54","sortOrder":245},{"sectionNumber":"sec.106","sectionType":"section","heading":"Offence to modify, sell or dispose of motorbike before application decided","content":"### sec.106 Offence to modify, sell or dispose of motorbike before application decided\n\nThis section applies if a motorbike that is the subject of an application for an impounding order or a forfeiture order is released to the owner of the motorbike before the application is decided.\nThe owner of the motorbike must not modify or sell or otherwise dispose of the motorbike until the application for the impounding order or forfeiture order is decided or otherwise ends.\nMaximum penalty for subsection (2) —40 penalty units.\ns 106 ins 2005 No. 64 s 7\namd 2013 No. 15 s 55\n(sec.106-ssec.1) This section applies if a motorbike that is the subject of an application for an impounding order or a forfeiture order is released to the owner of the motorbike before the application is decided.\n(sec.106-ssec.2) The owner of the motorbike must not modify or sell or otherwise dispose of the motorbike until the application for the impounding order or forfeiture order is decided or otherwise ends. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":246},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Offence to modify, sell or dispose of motor vehicle subject to vehicle production notice","content":"### sec.106A Offence to modify, sell or dispose of motor vehicle subject to vehicle production notice\n\nThis section applies if a motor vehicle is the subject of a vehicle production notice.\nThe owner of the motor vehicle must not, without reasonable excuse, modify or sell or otherwise dispose of the motor vehicle while the motor vehicle is the subject of the vehicle production notice.\nMaximum penalty for subsection (2) —40 penalty units.\ns 106A ins 2013 No. 15 s 56\namd 2020 No. 7 s 24\n(sec.106A-ssec.1) This section applies if a motor vehicle is the subject of a vehicle production notice.\n(sec.106A-ssec.2) The owner of the motor vehicle must not, without reasonable excuse, modify or sell or otherwise dispose of the motor vehicle while the motor vehicle is the subject of the vehicle production notice. Maximum penalty for subsection (2) —40 penalty units.","sortOrder":247},{"sectionNumber":"sec.107","sectionType":"section","heading":"Defence in relation to motorbike noise order offences","content":"### sec.107 Defence in relation to motorbike noise order offences\n\nIn a proceeding for an impounding order or a forfeiture order in relation to a motorbike, it is a defence for an owner of the motorbike to prove that a motorbike noise order offence happened without the knowledge and consent of the owner.\nA parent lends a motorbike to the parent’s child to visit friends and the child commits a motorbike noise order offence on the motorbike. If the Magistrates Court is satisfied, on evidence tendered or submissions made by the parent, that the child committed the offence without the knowledge and consent of the parent, the Magistrates Court may order the motorbike’s return to the parent.\ns 107 ins 2002 No. 33 s 6\namd 2005 No. 64 s 3 sch\nsub 2013 No. 15 s 57\namd 2024 No. 24 s 57 sch 1 pt 2","sortOrder":248},{"sectionNumber":"sec.108","sectionType":"section","heading":"Counting the occasions—general","content":"### sec.108 Counting the occasions—general\n\nFor sections 74A , 74B , 74C , 74D , 74E , 74F and 101 , for an occasion of the commission of an offence to be counted in addition to another occasion counted, an occasion must be a separate occasion, that is, an event or series of events that happened on an occasion separate to the event or series of events making up the other occasion.\nHowever, if a series of events that would, apart from this subsection, be treated as a single occasion of the commission of an offence under subsection (1) includes the intervention in any way by a police officer between the commission of 1 vehicle related offence and another vehicle related offence or 1 motorbike noise offence and another motorbike noise offence in the course of the events, the events that happen after the police officer’s intervention must be treated as a separate occasion.\nA driver commits a vehicle related offence at 10p.m. on 1 January. The driver is stopped by a police officer. Before the driver can be given a notice to appear in relation to the vehicle related offence, the driver continues to commit the offence but using another motor vehicle. A police officer again stops the driver. The police officer impounds both motor vehicles. Because a police officer has intervened between the happening of the first and second offences, the occasions must be treated as 2 separate occasions for this chapter.\ns 108 ins 2005 No. 64 s 8\namd 2005 No. 64 s 3 sch ; 2006 No. 57 s 33 (1) – (3) , (5) – (6) , (9) – (10) ; 2013 No. 15 s 58\n(sec.108-ssec.1) For sections 74A , 74B , 74C , 74D , 74E , 74F and 101 , for an occasion of the commission of an offence to be counted in addition to another occasion counted, an occasion must be a separate occasion, that is, an event or series of events that happened on an occasion separate to the event or series of events making up the other occasion.\n(sec.108-ssec.2) However, if a series of events that would, apart from this subsection, be treated as a single occasion of the commission of an offence under subsection (1) includes the intervention in any way by a police officer between the commission of 1 vehicle related offence and another vehicle related offence or 1 motorbike noise offence and another motorbike noise offence in the course of the events, the events that happen after the police officer’s intervention must be treated as a separate occasion. A driver commits a vehicle related offence at 10p.m. on 1 January. The driver is stopped by a police officer. Before the driver can be given a notice to appear in relation to the vehicle related offence, the driver continues to commit the offence but using another motor vehicle. A police officer again stops the driver. The police officer impounds both motor vehicles. Because a police officer has intervened between the happening of the first and second offences, the occasions must be treated as 2 separate occasions for this chapter.","sortOrder":249},{"sectionNumber":"sec.108A","sectionType":"section","heading":"References to previous occasions in ss 74A , 74B , 74C , 74D , 74E , 74F and 91","content":"### sec.108A References to previous occasions in ss 74A , 74B , 74C , 74D , 74E , 74F and 91\n\nIn sections 74A , 74B , 74C , 74D , 74E , 74F and 91 , a reference to a vehicle related offence or a motorbike noise order offence committed on a previous occasion is a reference to a vehicle related offence or motorbike noise order offence committed on an occasion before the occasion on which the initiating impoundment offence was committed.\ns 108A (prev s 108(3)) amd 2006 No. 57 s 33 (4)\nrenum 2006 No. 57 s 33 (7)\namd 2013 No. 15 s 59","sortOrder":250},{"sectionNumber":"sec.108B","sectionType":"section","heading":"Matters for decisions under ss 74A , 74B , 74C , 74D , 74E , 74F and 101","content":"### sec.108B Matters for decisions under ss 74A , 74B , 74C , 74D , 74E , 74F and 101\n\nSubject to sections 108 and 108A , for a decision under sections 74A , 74B , 74C , 74D , 74E , 74F and 101 of whether or not a person has, or has previously, been charged with, or found guilty of, a vehicle related offence or motorbike noise order offence committed on a previous occasion or any occasion or occasions, the following do not matter—\nwhether or not any finding of guilt relied on relates to a charge heard and decided together with another charge or other charges relating to another or other findings of guilt being relied on;\nwhether or not findings of guilt relied on relate to charges that were heard and decided in the order in which the occasions of the commission of offences to which they related happened;\nwhether or not any occasion of the commission of an offence, or any charge or any finding of guilt, relied on happened before or after any occasion of the commission of an offence, charge or finding of guilt also relied on.\nAn offender commits vehicle related offences on 1 January (offence 1), 1 May (offence 2) and 1 June (offence 3). The offender is charged with offence 1 on 1 January, offence 2 on 1 May and offence 3 on 1 June. The offender is convicted of offence 3 on 15 June and offences 1 and 2 on 1 October. When a court or magistrate considers the application for impoundment or forfeiture on 1 December, for the purpose of counting the occasions mentioned in this subsection, there are 3 occasions the court may rely on to make an order.\nFor a decision under section 100 or 101 , the following do not matter—\nwhether or not any finding of guilt relied on is for an offence in relation to which the application was originally started;\nAn application may relate to particular vehicle related offences but before the application is decided, the driver is found guilty of another vehicle related offence. The court may rely on the latter finding of guilt when making an order under the sections mentioned.\nwhether or not any finding of guilt relied on in an application relates to an offence committed before or after the application was started.\ns 108B (prev s 108(4)–(5)) amd 2006 No. 57 s 33 (8)\nrenum 2006 No. 57 s 33 (11)\namd 2013 No. 15 s 60\n(sec.108B-ssec.1) Subject to sections 108 and 108A , for a decision under sections 74A , 74B , 74C , 74D , 74E , 74F and 101 of whether or not a person has, or has previously, been charged with, or found guilty of, a vehicle related offence or motorbike noise order offence committed on a previous occasion or any occasion or occasions, the following do not matter— whether or not any finding of guilt relied on relates to a charge heard and decided together with another charge or other charges relating to another or other findings of guilt being relied on; whether or not findings of guilt relied on relate to charges that were heard and decided in the order in which the occasions of the commission of offences to which they related happened; whether or not any occasion of the commission of an offence, or any charge or any finding of guilt, relied on happened before or after any occasion of the commission of an offence, charge or finding of guilt also relied on. An offender commits vehicle related offences on 1 January (offence 1), 1 May (offence 2) and 1 June (offence 3). The offender is charged with offence 1 on 1 January, offence 2 on 1 May and offence 3 on 1 June. The offender is convicted of offence 3 on 15 June and offences 1 and 2 on 1 October. When a court or magistrate considers the application for impoundment or forfeiture on 1 December, for the purpose of counting the occasions mentioned in this subsection, there are 3 occasions the court may rely on to make an order.\n(sec.108B-ssec.2) For a decision under section 100 or 101 , the following do not matter— whether or not any finding of guilt relied on is for an offence in relation to which the application was originally started; An application may relate to particular vehicle related offences but before the application is decided, the driver is found guilty of another vehicle related offence. The court may rely on the latter finding of guilt when making an order under the sections mentioned. whether or not any finding of guilt relied on in an application relates to an offence committed before or after the application was started.\n- (a) whether or not any finding of guilt relied on relates to a charge heard and decided together with another charge or other charges relating to another or other findings of guilt being relied on;\n- (b) whether or not findings of guilt relied on relate to charges that were heard and decided in the order in which the occasions of the commission of offences to which they related happened;\n- (c) whether or not any occasion of the commission of an offence, or any charge or any finding of guilt, relied on happened before or after any occasion of the commission of an offence, charge or finding of guilt also relied on.\n- (a) whether or not any finding of guilt relied on is for an offence in relation to which the application was originally started; Example for paragraph (a) — An application may relate to particular vehicle related offences but before the application is decided, the driver is found guilty of another vehicle related offence. The court may rely on the latter finding of guilt when making an order under the sections mentioned.\n- (b) whether or not any finding of guilt relied on in an application relates to an offence committed before or after the application was started.","sortOrder":251},{"sectionNumber":"sec.109","sectionType":"section","heading":"Appeal","content":"### sec.109 Appeal\n\nAn order made against a person under section 102 for the performance of community service may be appealed against as a sentence imposed on the person.\nA person may appeal against any other order of a relevant court or magistrate under this chapter to the District Court within 28 days after the day the order is made.\nAlso, a person may appeal against an order of the District Court under this division to the Court of Appeal within 28 days after the day the order is made.\nOn the appellant’s application, an appeal under subsection (2) may be by way of rehearing from the start.\ns 109 ins 2002 No. 33 s 6\namd 2005 No. 64 s 9\n(sec.109-ssec.1) An order made against a person under section 102 for the performance of community service may be appealed against as a sentence imposed on the person.\n(sec.109-ssec.2) A person may appeal against any other order of a relevant court or magistrate under this chapter to the District Court within 28 days after the day the order is made.\n(sec.109-ssec.3) Also, a person may appeal against an order of the District Court under this division to the Court of Appeal within 28 days after the day the order is made.\n(sec.109-ssec.4) On the appellant’s application, an appeal under subsection (2) may be by way of rehearing from the start.","sortOrder":252},{"sectionNumber":"sec.110","sectionType":"section","heading":"Powers for enforcing court order","content":"### sec.110 Powers for enforcing court order\n\nThis section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motorbike, makes an impounding order or a forfeiture order for the motorbike.\nFor giving effect to the impounding order or forfeiture order, the relevant court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motorbike may be found and search for, impound, or if the motorbike is forfeited to the State, take possession of, and remove the motorbike.\nIf the impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2) , power to enter the place includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for the purpose.\ns 110 ins 2002 No. 33 s 6\namd 2003 No. 92 s 12 ; 2005 No. 64 s 10 ; 2006 No. 26 s 22 ; 2013 No. 15 s 61\n(sec.110-ssec.1) This section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motorbike, makes an impounding order or a forfeiture order for the motorbike.\n(sec.110-ssec.2) For giving effect to the impounding order or forfeiture order, the relevant court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motorbike may be found and search for, impound, or if the motorbike is forfeited to the State, take possession of, and remove the motorbike.\n(sec.110-ssec.3) If the impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2) , power to enter the place includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for the purpose.","sortOrder":253},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":254},{"sectionNumber":"ch.4-pt.6-div.1","sectionType":"division","heading":"Liability for cost of impounding or immobilisation","content":"## Liability for cost of impounding or immobilisation","sortOrder":255},{"sectionNumber":"sec.111","sectionType":"section","heading":"State’s liability to pay costs of impounding or immobilisation","content":"### sec.111 State’s liability to pay costs of impounding or immobilisation\n\nUnless otherwise expressly provided by this division, the State is not liable to pay the costs of removing a motor vehicle impounded or immobilised under this chapter and keeping it for the period for which it is impounded or immobilised.\nHowever, the State is liable to pay the costs of removing an impounded or immobilised vehicle and keeping it if—\nthe driver of the motor vehicle—\nwas a child when the driver committed the offence for which it was impounded or immobilised; or\nis found not guilty of the offence for which the motor vehicle was impounded or immobilised; or\nthe proceeding for the offence for which the motor vehicle was impounded or immobilised is withdrawn.\ns 111 ins 2002 No. 33 s 6\namd 2003 No. 92 s 3 sch\nsub 2005 No. 64 s 11\namd 2006 No. 57 s 34 ; 2013 No. 15 s 63 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.111-ssec.1) Unless otherwise expressly provided by this division, the State is not liable to pay the costs of removing a motor vehicle impounded or immobilised under this chapter and keeping it for the period for which it is impounded or immobilised.\n(sec.111-ssec.2) However, the State is liable to pay the costs of removing an impounded or immobilised vehicle and keeping it if— the driver of the motor vehicle— was a child when the driver committed the offence for which it was impounded or immobilised; or is found not guilty of the offence for which the motor vehicle was impounded or immobilised; or the proceeding for the offence for which the motor vehicle was impounded or immobilised is withdrawn.\n- (a) the driver of the motor vehicle— (i) was a child when the driver committed the offence for which it was impounded or immobilised; or (ii) is found not guilty of the offence for which the motor vehicle was impounded or immobilised; or\n- (i) was a child when the driver committed the offence for which it was impounded or immobilised; or\n- (ii) is found not guilty of the offence for which the motor vehicle was impounded or immobilised; or\n- (b) the proceeding for the offence for which the motor vehicle was impounded or immobilised is withdrawn.\n- (i) was a child when the driver committed the offence for which it was impounded or immobilised; or\n- (ii) is found not guilty of the offence for which the motor vehicle was impounded or immobilised; or","sortOrder":256},{"sectionNumber":"sec.112","sectionType":"section","heading":"Liability to pay costs of impounding or immobilisation—adult driver","content":"### sec.112 Liability to pay costs of impounding or immobilisation—adult driver\n\nThis section applies in relation to a motor vehicle impounded or immobilised for a prescribed offence or a motorbike noise direction offence if the driver of the motor vehicle was an adult when the driver committed the offence for which it was impounded or immobilised.\nThe driver of the motor vehicle is liable to pay the costs of removing or keeping the motor vehicle.\nIf the driver is found guilty of the prescribed offence or motorbike noise direction offence, any costs paid by someone else on the driver’s behalf become a debt payable to the other person by the driver.\ns 112 ins 2005 No. 64 s 11\namd 2006 No. 57 s 35 ; 2013 No. 15 s 64 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.112-ssec.1) This section applies in relation to a motor vehicle impounded or immobilised for a prescribed offence or a motorbike noise direction offence if the driver of the motor vehicle was an adult when the driver committed the offence for which it was impounded or immobilised.\n(sec.112-ssec.2) The driver of the motor vehicle is liable to pay the costs of removing or keeping the motor vehicle.\n(sec.112-ssec.3) If the driver is found guilty of the prescribed offence or motorbike noise direction offence, any costs paid by someone else on the driver’s behalf become a debt payable to the other person by the driver.","sortOrder":257},{"sectionNumber":"sec.113","sectionType":"section","heading":"Liability to pay costs of impounding or immobilisation—child driver","content":"### sec.113 Liability to pay costs of impounding or immobilisation—child driver\n\nThis section applies in relation to a motor vehicle impounded or immobilised because of a prescribed offence or a motorbike noise direction offence if the driver of the motor vehicle was a child when the driver committed the offence for which it was impounded or immobilised.\nIf the child is found guilty by a court of a prescribed offence or motorbike noise direction offence in relation to the motor vehicle—\nthe child is liable to pay the costs of removing or keeping the motor vehicle if the court orders under section 103 that the child pay the costs; or\nif the court orders, under that section, the child’s parent to pay the costs of removing or keeping the motor vehicle under applied section 259 , the child’s parent is liable to pay the costs of removing or keeping the motor vehicle.\nIf the court orders the child to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111 (2) become a debt payable to the State by the child.\nIf the court orders the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111 (2) become a debt payable to the State by the child’s parent or guardian.\ns 113 ins 2005 No. 64 s 11\namd 2006 No. 57 s 36\nsub 2013 No. 15 s 65\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.113-ssec.1) This section applies in relation to a motor vehicle impounded or immobilised because of a prescribed offence or a motorbike noise direction offence if the driver of the motor vehicle was a child when the driver committed the offence for which it was impounded or immobilised.\n(sec.113-ssec.2) If the child is found guilty by a court of a prescribed offence or motorbike noise direction offence in relation to the motor vehicle— the child is liable to pay the costs of removing or keeping the motor vehicle if the court orders under section 103 that the child pay the costs; or if the court orders, under that section, the child’s parent to pay the costs of removing or keeping the motor vehicle under applied section 259 , the child’s parent is liable to pay the costs of removing or keeping the motor vehicle.\n(sec.113-ssec.3) If the court orders the child to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111 (2) become a debt payable to the State by the child.\n(sec.113-ssec.4) If the court orders the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111 (2) become a debt payable to the State by the child’s parent or guardian.\n- (a) the child is liable to pay the costs of removing or keeping the motor vehicle if the court orders under section 103 that the child pay the costs; or\n- (b) if the court orders, under that section, the child’s parent to pay the costs of removing or keeping the motor vehicle under applied section 259 , the child’s parent is liable to pay the costs of removing or keeping the motor vehicle.","sortOrder":258},{"sectionNumber":"sec.114","sectionType":"section","heading":"Payment of costs if motor vehicle not recovered","content":"### sec.114 Payment of costs if motor vehicle not recovered\n\nThis section applies if a person who is entitled to recover a motor vehicle after a period of impoundment ends fails to recover the motor vehicle after the period ends.\nIf—\nbefore the period of impoundment ends, the owner was personally given an impounding notice for the motor vehicle; and\nthe owner was the driver when the vehicle was impounded;\nthe owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the vehicle is impounded.\nIf—\nbefore the period of impoundment ends, the owner was given an impounding notice for the motor vehicle; and\nthe owner was not the driver of the motor vehicle when it was impounded;\nthe owner is liable to pay the costs of keeping the vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the driver is found guilty of the offence for which the vehicle is impounded.\nIf, after the period of impoundment ends, the owner was given an impounding notice for the motor vehicle, the owner is liable to pay the costs of keeping the motor vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the owner was the driver and whether or not the driver is found guilty of the offence for which the vehicle is impounded.\nIf the owner was not the driver of the motor vehicle and pays the costs of keeping the motor vehicle as required under subsection (2) , (3) or (4) , the owner may recover the costs paid from the driver as a debt.\ns 114 ins 2005 No. 64 s 11\namd 2006 No. 57 s 37\n(sec.114-ssec.1) This section applies if a person who is entitled to recover a motor vehicle after a period of impoundment ends fails to recover the motor vehicle after the period ends.\n(sec.114-ssec.2) If— before the period of impoundment ends, the owner was personally given an impounding notice for the motor vehicle; and the owner was the driver when the vehicle was impounded; the owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the vehicle is impounded.\n(sec.114-ssec.3) If— before the period of impoundment ends, the owner was given an impounding notice for the motor vehicle; and the owner was not the driver of the motor vehicle when it was impounded; the owner is liable to pay the costs of keeping the vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the driver is found guilty of the offence for which the vehicle is impounded.\n(sec.114-ssec.4) If, after the period of impoundment ends, the owner was given an impounding notice for the motor vehicle, the owner is liable to pay the costs of keeping the motor vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the owner was the driver and whether or not the driver is found guilty of the offence for which the vehicle is impounded.\n(sec.114-ssec.5) If the owner was not the driver of the motor vehicle and pays the costs of keeping the motor vehicle as required under subsection (2) , (3) or (4) , the owner may recover the costs paid from the driver as a debt.\n- (a) before the period of impoundment ends, the owner was personally given an impounding notice for the motor vehicle; and\n- (b) the owner was the driver when the vehicle was impounded;\n- (a) before the period of impoundment ends, the owner was given an impounding notice for the motor vehicle; and\n- (b) the owner was not the driver of the motor vehicle when it was impounded;","sortOrder":259},{"sectionNumber":"sec.115","sectionType":"section","heading":"Registration of costs under State Penalties Enforcement Act 1999","content":"### sec.115 Registration of costs under State Penalties Enforcement Act 1999\n\nIf an adult who is liable to pay costs under section 113 (4) fails to pay the costs, the commissioner may give particulars of the costs to the registrar under the State Penalties Enforcement Act 1999 for registration under that Act as if—\nthe commissioner were the registrar of a court; and\nthe particulars were particulars of a fine imposed by a court and the amount of the fine were unpaid after the time allowed by the court for payment.\nThe registrar must register the particulars under the State Penalties Enforcement Act 1999 , section 34 .\nFor this section, the adult who is liable to pay costs under this division fails to pay the costs if—\nthe commissioner obtains an order for payment of costs against the person; and\nthe commissioner gives the person a copy of the order and a letter of demand for payment of the costs; and\nthe person fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand, or the longer period agreed to by the commissioner.\ns 115 ins 2005 No. 64 s 11\namd 2006 No. 57 s 38\n(sec.115-ssec.1) If an adult who is liable to pay costs under section 113 (4) fails to pay the costs, the commissioner may give particulars of the costs to the registrar under the State Penalties Enforcement Act 1999 for registration under that Act as if— the commissioner were the registrar of a court; and the particulars were particulars of a fine imposed by a court and the amount of the fine were unpaid after the time allowed by the court for payment.\n(sec.115-ssec.2) The registrar must register the particulars under the State Penalties Enforcement Act 1999 , section 34 .\n(sec.115-ssec.3) For this section, the adult who is liable to pay costs under this division fails to pay the costs if— the commissioner obtains an order for payment of costs against the person; and the commissioner gives the person a copy of the order and a letter of demand for payment of the costs; and the person fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand, or the longer period agreed to by the commissioner.\n- (a) the commissioner were the registrar of a court; and\n- (b) the particulars were particulars of a fine imposed by a court and the amount of the fine were unpaid after the time allowed by the court for payment.\n- (a) the commissioner obtains an order for payment of costs against the person; and\n- (b) the commissioner gives the person a copy of the order and a letter of demand for payment of the costs; and\n- (c) the person fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand, or the longer period agreed to by the commissioner.","sortOrder":260},{"sectionNumber":"ch.4-pt.6-div.2","sectionType":"division","heading":"Release of impounded or immobilised vehicle","content":"## Release of impounded or immobilised vehicle","sortOrder":261},{"sectionNumber":"sec.116","sectionType":"section","heading":"Release of motor vehicle impounded or immobilised under this chapter","content":"### sec.116 Release of motor vehicle impounded or immobilised under this chapter\n\nThis section applies if—\nan impounding notice or immobilising notice under section 78 was given to a person; or\nan impounding notice under section 81 was given to a person.\nIf the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard at which it is kept, including under an impounding order, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, and on payment of the costs, to recover the motor vehicle from the holding yard.\nAlso, if the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, a place at which it is kept, the owner is entitled, when the period for which the motor vehicle is immobilised ends, and on payment of the costs, to recover the motor vehicle from the place.\nIf, under section 111 (2) , the State is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard or place at which it is kept, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, or the period for which the motor vehicle is immobilised ends, to recover the motor vehicle from the holding yard or place, whether or not the State has paid the costs.\nAt the request of the owner, the person holding the motor vehicle must release the motor vehicle to the owner, or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made and on payment of any costs for which the owner is liable as mentioned in subsection (2) or (2A) .\nIn this section—\nbusiness hours means 8a.m. to 5p.m.\ns 116 ins 2002 No. 33 s 6\nsub 2005 No. 64 s 12\namd 2006 No. 26 s 23 ; 2006 No. 57 s 39 ; 2013 No. 15 s 67\n(sec.116-ssec.1) This section applies if— an impounding notice or immobilising notice under section 78 was given to a person; or an impounding notice under section 81 was given to a person.\n(sec.116-ssec.2) If the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard at which it is kept, including under an impounding order, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, and on payment of the costs, to recover the motor vehicle from the holding yard.\n(sec.116-ssec.2A) Also, if the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, a place at which it is kept, the owner is entitled, when the period for which the motor vehicle is immobilised ends, and on payment of the costs, to recover the motor vehicle from the place.\n(sec.116-ssec.3) If, under section 111 (2) , the State is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard or place at which it is kept, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, or the period for which the motor vehicle is immobilised ends, to recover the motor vehicle from the holding yard or place, whether or not the State has paid the costs.\n(sec.116-ssec.4) At the request of the owner, the person holding the motor vehicle must release the motor vehicle to the owner, or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made and on payment of any costs for which the owner is liable as mentioned in subsection (2) or (2A) .\n(sec.116-ssec.5) In this section— business hours means 8a.m. to 5p.m.\n- (a) an impounding notice or immobilising notice under section 78 was given to a person; or\n- (b) an impounding notice under section 81 was given to a person.","sortOrder":262},{"sectionNumber":"sec.117","sectionType":"section","heading":"Release of motor vehicle if driver found not guilty etc.","content":"### sec.117 Release of motor vehicle if driver found not guilty etc.\n\nIf a driver is found not guilty of the prescribed offence or the proceeding is discontinued, the motor vehicle must be released to the owner as soon as reasonably practicable if it is impounded under this chapter.\nHowever, a motor vehicle may not be released under subsection (1) if the driver has been charged with having committed another prescribed offence for which the motor vehicle may be impounded or immobilised.\nIf subsection (2) applies to the motor vehicle, the motor vehicle may be impounded or immobilised for the prescribed impoundment period that would have applied if the offence mentioned in subsection (1) had not happened.\nA driver is charged with having committed a type 1 vehicle related offence (the first offence ) while driving motor vehicle A. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 74 . A week later, the driver is charged with having committed another type 1 vehicle related offence while driving motor vehicle B. Motor vehicle B is impounded under section 74A . On the next day, the charge for the first offence is withdrawn. Motor vehicle A must be released under this section. However, motor vehicle B may be impounded until the prescribed impoundment period of 90 days ends as if it had been impounded under section 74 .\nA driver is charged with having committed a second type 2 vehicle related offence while driving motor vehicle A (the second offence ). Motor vehicle A is impounded for a prescribed impoundment period of 7 days under section 74C . Motor vehicle A is then returned to the driver. A week later the driver is charged during the relevant period with having committed a third type 2 vehicle related offence while driving motor vehicle A. The charge for second offence has not been decided at that time. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 79D . Thirty days after motor vehicle A is impounded, the charge for the second offence is withdrawn. Motor vehicle A must be released under this section as the prescribed impoundment period of 7 days under section 74C would have already ended.\nA reference in subsection (1) to a proceeding being discontinued includes, for a prescribed offence that is a vehicle related offence for which an infringement notice has been served under section 71 , the withdrawal of the infringement notice under the State Penalties Enforcement Act 1999 .\ns 117 ins 2002 No. 33 s 6\namd 2003 No. 92 s 3 sch\nsub 2005 No. 64 s 12\namd 2013 No. 15 s 68\n(sec.117-ssec.1) If a driver is found not guilty of the prescribed offence or the proceeding is discontinued, the motor vehicle must be released to the owner as soon as reasonably practicable if it is impounded under this chapter.\n(sec.117-ssec.2) However, a motor vehicle may not be released under subsection (1) if the driver has been charged with having committed another prescribed offence for which the motor vehicle may be impounded or immobilised.\n(sec.117-ssec.3) If subsection (2) applies to the motor vehicle, the motor vehicle may be impounded or immobilised for the prescribed impoundment period that would have applied if the offence mentioned in subsection (1) had not happened. A driver is charged with having committed a type 1 vehicle related offence (the first offence ) while driving motor vehicle A. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 74 . A week later, the driver is charged with having committed another type 1 vehicle related offence while driving motor vehicle B. Motor vehicle B is impounded under section 74A . On the next day, the charge for the first offence is withdrawn. Motor vehicle A must be released under this section. However, motor vehicle B may be impounded until the prescribed impoundment period of 90 days ends as if it had been impounded under section 74 . A driver is charged with having committed a second type 2 vehicle related offence while driving motor vehicle A (the second offence ). Motor vehicle A is impounded for a prescribed impoundment period of 7 days under section 74C . Motor vehicle A is then returned to the driver. A week later the driver is charged during the relevant period with having committed a third type 2 vehicle related offence while driving motor vehicle A. The charge for second offence has not been decided at that time. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 79D . Thirty days after motor vehicle A is impounded, the charge for the second offence is withdrawn. Motor vehicle A must be released under this section as the prescribed impoundment period of 7 days under section 74C would have already ended.\n(sec.117-ssec.4) A reference in subsection (1) to a proceeding being discontinued includes, for a prescribed offence that is a vehicle related offence for which an infringement notice has been served under section 71 , the withdrawal of the infringement notice under the State Penalties Enforcement Act 1999 .\n- 1 A driver is charged with having committed a type 1 vehicle related offence (the first offence ) while driving motor vehicle A. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 74 . A week later, the driver is charged with having committed another type 1 vehicle related offence while driving motor vehicle B. Motor vehicle B is impounded under section 74A . On the next day, the charge for the first offence is withdrawn. Motor vehicle A must be released under this section. However, motor vehicle B may be impounded until the prescribed impoundment period of 90 days ends as if it had been impounded under section 74 .\n- 2 A driver is charged with having committed a second type 2 vehicle related offence while driving motor vehicle A (the second offence ). Motor vehicle A is impounded for a prescribed impoundment period of 7 days under section 74C . Motor vehicle A is then returned to the driver. A week later the driver is charged during the relevant period with having committed a third type 2 vehicle related offence while driving motor vehicle A. The charge for second offence has not been decided at that time. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 79D . Thirty days after motor vehicle A is impounded, the charge for the second offence is withdrawn. Motor vehicle A must be released under this section as the prescribed impoundment period of 7 days under section 74C would have already ended.","sortOrder":263},{"sectionNumber":"ch.4-pt.6-div.3","sectionType":"division","heading":"Sale, transfer or disposal of impounded, immobilised or forfeited motor vehicle","content":"## Sale, transfer or disposal of impounded, immobilised or forfeited motor vehicle","sortOrder":264},{"sectionNumber":"sec.118","sectionType":"section","heading":"Sale of motor vehicle if not recovered after impounding ends","content":"### sec.118 Sale of motor vehicle if not recovered after impounding ends\n\nThis section applies if, within 30 days after a period of impounding ends—\nthe owner of the motor vehicle does not recover the motor vehicle; or\nafter making reasonable inquiries, a police officer can not find out who owns the motor vehicle.\nThe commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\nFor subsection (2) , the motor vehicle is taken to have been forfeited to the State.\nNotice of the proposed sale or disposal must be published on the police service website.\nIf the name and address of the owner of the motor vehicle is known—\nthe commissioner must also give written notice of the proposed sale or disposal to the owner; and\nthe owner’s name and address must not be published on the police service website.\ns 118 ins 2002 No. 33 s 6\nsub 2005 No. 64 s 12 ; 2006 No. 57 s 40\namd 2014 No. 1 s 5\n(sec.118-ssec.1) This section applies if, within 30 days after a period of impounding ends— the owner of the motor vehicle does not recover the motor vehicle; or after making reasonable inquiries, a police officer can not find out who owns the motor vehicle.\n(sec.118-ssec.2) The commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\n(sec.118-ssec.3) For subsection (2) , the motor vehicle is taken to have been forfeited to the State.\n(sec.118-ssec.4) Notice of the proposed sale or disposal must be published on the police service website.\n(sec.118-ssec.5) If the name and address of the owner of the motor vehicle is known— the commissioner must also give written notice of the proposed sale or disposal to the owner; and the owner’s name and address must not be published on the police service website.\n- (a) the owner of the motor vehicle does not recover the motor vehicle; or\n- (b) after making reasonable inquiries, a police officer can not find out who owns the motor vehicle.\n- (a) the commissioner must also give written notice of the proposed sale or disposal to the owner; and\n- (b) the owner’s name and address must not be published on the police service website.","sortOrder":265},{"sectionNumber":"sec.118A","sectionType":"section","heading":"Sale of impounded motor vehicle if driver fails to appear","content":"### sec.118A Sale of impounded motor vehicle if driver fails to appear\n\nThis section applies in relation to a motor vehicle impounded under section 74A if—\nthe motor vehicle is impounded until the end of proceedings under section 74A (2) ; and\na court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the second or subsequent type 1 vehicle related offence mentioned in section 74A (1) .\nThis section also applies in relation to a motor vehicle impounded under section 74E if—\nthe motor vehicle is impounded until the end of proceedings under section 74E (2) ; and\na court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) .\nOn the warrant being issued the motor vehicle is taken to have been forfeited to the State.\nThe commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\nNotice of the proposed sale or disposal must be published on the police service website.\nIf the name and address of the owner of the motor vehicle is known—\nthe commissioner must also give written notice of the proposed sale or disposal to the owner; and\nthe owner’s name and address must not be published on the police service website.\ns 118A ins 2013 No. 15 s 70\namd 2014 No. 1 s 6\n(sec.118A-ssec.1) This section applies in relation to a motor vehicle impounded under section 74A if— the motor vehicle is impounded until the end of proceedings under section 74A (2) ; and a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the second or subsequent type 1 vehicle related offence mentioned in section 74A (1) .\n(sec.118A-ssec.2) This section also applies in relation to a motor vehicle impounded under section 74E if— the motor vehicle is impounded until the end of proceedings under section 74E (2) ; and a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) .\n(sec.118A-ssec.3) On the warrant being issued the motor vehicle is taken to have been forfeited to the State.\n(sec.118A-ssec.4) The commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\n(sec.118A-ssec.5) Notice of the proposed sale or disposal must be published on the police service website.\n(sec.118A-ssec.6) If the name and address of the owner of the motor vehicle is known— the commissioner must also give written notice of the proposed sale or disposal to the owner; and the owner’s name and address must not be published on the police service website.\n- (a) the motor vehicle is impounded until the end of proceedings under section 74A (2) ; and\n- (b) a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the second or subsequent type 1 vehicle related offence mentioned in section 74A (1) .\n- (a) the motor vehicle is impounded until the end of proceedings under section 74E (2) ; and\n- (b) a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the fourth or subsequent type 2 vehicle related offence mentioned in section 74E (1) .\n- (a) the commissioner must also give written notice of the proposed sale or disposal to the owner; and\n- (b) the owner’s name and address must not be published on the police service website.","sortOrder":266},{"sectionNumber":"sec.119","sectionType":"section","heading":"Voluntary transfer of ownership of motor vehicle to State","content":"### sec.119 Voluntary transfer of ownership of motor vehicle to State\n\nThis section applies to a motor vehicle that is—\nimpounded under this chapter and held at a holding yard; or\na motorbike the subject of an application for an impounding order or a forfeiture order, released to the owner of the motorbike before the application is decided.\nDespite another section of this chapter, the owner of the motor vehicle may agree to transfer ownership of the motor vehicle to the State.\nThe agreement must be written and witnessed by a person who may witness a statutory declaration.\nIf the commissioner agrees in writing to the transfer of the motor vehicle—\nthe following end—\nthe impoundment period for the motor vehicle;\nthe application for the impounding order or forfeiture order; and\nthe motor vehicle becomes the property of the State; and\nthe commissioner may sell or dispose of the motor vehicle and anything in or on it in the way the commissioner considers appropriate.\ns 119 ins 2002 No. 33 s 6\nsub 2005 No. 64 s 12\namd 2013 No. 15 s 71\nsub 2020 No. 7 s 25\n(sec.119-ssec.1) This section applies to a motor vehicle that is— impounded under this chapter and held at a holding yard; or a motorbike the subject of an application for an impounding order or a forfeiture order, released to the owner of the motorbike before the application is decided.\n(sec.119-ssec.2) Despite another section of this chapter, the owner of the motor vehicle may agree to transfer ownership of the motor vehicle to the State.\n(sec.119-ssec.3) The agreement must be written and witnessed by a person who may witness a statutory declaration.\n(sec.119-ssec.4) If the commissioner agrees in writing to the transfer of the motor vehicle— the following end— the impoundment period for the motor vehicle; the application for the impounding order or forfeiture order; and the motor vehicle becomes the property of the State; and the commissioner may sell or dispose of the motor vehicle and anything in or on it in the way the commissioner considers appropriate.\n- (a) impounded under this chapter and held at a holding yard; or\n- (b) a motorbike the subject of an application for an impounding order or a forfeiture order, released to the owner of the motorbike before the application is decided.\n- (a) the following end— (i) the impoundment period for the motor vehicle; (ii) the application for the impounding order or forfeiture order; and\n- (i) the impoundment period for the motor vehicle;\n- (ii) the application for the impounding order or forfeiture order; and\n- (b) the motor vehicle becomes the property of the State; and\n- (c) the commissioner may sell or dispose of the motor vehicle and anything in or on it in the way the commissioner considers appropriate.\n- (i) the impoundment period for the motor vehicle;\n- (ii) the application for the impounding order or forfeiture order; and","sortOrder":267},{"sectionNumber":"sec.120","sectionType":"section","heading":"Disposal of forfeited motor vehicle","content":"### sec.120 Disposal of forfeited motor vehicle\n\nThe commissioner may dispose of a motor vehicle forfeited to the State under this chapter in the way the commissioner considers appropriate, including by selling it.\ns 120 ins 2002 No. 33 s 6\namd 2003 No. 92 s 3 sch\nsub 2005 No. 64 s 12","sortOrder":268},{"sectionNumber":"sec.121","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.121 Application of proceeds of sale\n\nThis section applies if the commissioner decides to sell a motor vehicle under section 118 , 118A , 119 or 120 .\nThe proceeds of the sale are to be applied in the following order—\nin payment of the expenses of the sale;\nin payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding or immobilisation;\nif there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest;\nif the motor vehicle is sold under section 118 or 119 —in payment of any balance to the owner;\nif the motor vehicle is sold under section 118A —\nif the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or\notherwise—in payment to the consolidated fund;\nif the motor vehicle is sold under section 120 —in payment to the consolidated fund.\ns 121 ins 2002 No. 33 s 6\nsub 2005 No. 64 s 12\namd 2010 No. 44 s 191 ; 2013 No. 15 s 72 ; 2020 No. 7 s 26\n(sec.121-ssec.1) This section applies if the commissioner decides to sell a motor vehicle under section 118 , 118A , 119 or 120 .\n(sec.121-ssec.2) The proceeds of the sale are to be applied in the following order— in payment of the expenses of the sale; in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding or immobilisation; if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest; if the motor vehicle is sold under section 118 or 119 —in payment of any balance to the owner; if the motor vehicle is sold under section 118A — if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or otherwise—in payment to the consolidated fund; if the motor vehicle is sold under section 120 —in payment to the consolidated fund.\n- (a) in payment of the expenses of the sale;\n- (b) in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding or immobilisation;\n- (c) if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest;\n- (d) if the motor vehicle is sold under section 118 or 119 —in payment of any balance to the owner;\n- (da) if the motor vehicle is sold under section 118A — (i) if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or (ii) otherwise—in payment to the consolidated fund;\n- (i) if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or\n- (ii) otherwise—in payment to the consolidated fund;\n- (e) if the motor vehicle is sold under section 120 —in payment to the consolidated fund.\n- (i) if the owner was not the subject of a warrant mentioned in section 118A (1) (b) or (2) (b) —in payment of any balance to the owner; or\n- (ii) otherwise—in payment to the consolidated fund;","sortOrder":269},{"sectionNumber":"sec.121A","sectionType":"section","heading":"Compensation for disposal of motor vehicle if driver found not guilty etc.","content":"### sec.121A Compensation for disposal of motor vehicle if driver found not guilty etc.\n\nThis section applies if—\na driver is found not guilty of a prescribed offence or the proceeding for the offence is discontinued; and\nthe commissioner has before the happening of the event mentioned in paragraph (a) received the motor vehicle to which the offence relates under this chapter; and\nthe commissioner has—\nsold the motor vehicle; or\notherwise disposed of the vehicle.\nCompensation is payable by the State to the person whose motor vehicle is sold or otherwise disposed of.\nThe Minister is to decide the amount of the compensation.\nA person who is dissatisfied with the Minister’s decision under subsection (3) may apply to a court, within 28 days, for compensation under this section.\nIf the person applies under subsection (4) , the court may decide the amount of the compensation.\ns 121A ins 2013 No. 15 s 73\n(sec.121A-ssec.1) This section applies if— a driver is found not guilty of a prescribed offence or the proceeding for the offence is discontinued; and the commissioner has before the happening of the event mentioned in paragraph (a) received the motor vehicle to which the offence relates under this chapter; and the commissioner has— sold the motor vehicle; or otherwise disposed of the vehicle.\n(sec.121A-ssec.2) Compensation is payable by the State to the person whose motor vehicle is sold or otherwise disposed of.\n(sec.121A-ssec.3) The Minister is to decide the amount of the compensation.\n(sec.121A-ssec.4) A person who is dissatisfied with the Minister’s decision under subsection (3) may apply to a court, within 28 days, for compensation under this section.\n(sec.121A-ssec.5) If the person applies under subsection (4) , the court may decide the amount of the compensation.\n- (a) a driver is found not guilty of a prescribed offence or the proceeding for the offence is discontinued; and\n- (b) the commissioner has before the happening of the event mentioned in paragraph (a) received the motor vehicle to which the offence relates under this chapter; and\n- (c) the commissioner has— (i) sold the motor vehicle; or (ii) otherwise disposed of the vehicle.\n- (i) sold the motor vehicle; or\n- (ii) otherwise disposed of the vehicle.\n- (i) sold the motor vehicle; or\n- (ii) otherwise disposed of the vehicle.","sortOrder":270},{"sectionNumber":"ch.4-pt.6-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":271},{"sectionNumber":"sec.122","sectionType":"section","heading":"Protection from liability","content":"### sec.122 Protection from liability\n\nA police officer acting in good faith and without negligence is not liable for any damage, loss or depreciation to a motor vehicle, including the motor vehicle’s number plates, during the impounding or immobilisation of the motor vehicle.\nIf subsection (1) prevents liability attaching to a police officer, liability instead attaches to the State.\nAlso, if a police officer signs a towing authority under section 77 for the motor vehicle, the State is not liable for any damage, loss or depreciation to the motor vehicle while it is being moved under the towing authority and while it is impounded in the holding yard of the person authorised under the towing authority to tow the motor vehicle or immobilised at a place.\ns 122 prev s 122 amd 2000 No. 22 s 6\nom 2005 No. 45 s 6\npres s 122 ins 2002 No. 33 s 6\namd 2003 No. 22 s 30 sch ; 2004 No. 53 s 2 sch\nsub 2005 No. 64 s 12\namd 2013 No. 15 s 74\n(sec.122-ssec.1) A police officer acting in good faith and without negligence is not liable for any damage, loss or depreciation to a motor vehicle, including the motor vehicle’s number plates, during the impounding or immobilisation of the motor vehicle.\n(sec.122-ssec.2) If subsection (1) prevents liability attaching to a police officer, liability instead attaches to the State.\n(sec.122-ssec.3) Also, if a police officer signs a towing authority under section 77 for the motor vehicle, the State is not liable for any damage, loss or depreciation to the motor vehicle while it is being moved under the towing authority and while it is impounded in the holding yard of the person authorised under the towing authority to tow the motor vehicle or immobilised at a place.","sortOrder":272},{"sectionNumber":"sec.123","sectionType":"section","heading":"Third party protection relating to forfeiture","content":"### sec.123 Third party protection relating to forfeiture\n\nThis section applies in relation to—\na person, other than the defendant, who has an interest in a motor vehicle forfeited to the State under part 2 , division 1 or 1A ; or\na person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order.\nThe person may apply to the determining court for an order under subsection (6) .\nSubsection (1A) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\nUnless the determining court gives leave, the application must be made—\nfor forfeiture under part 2 , division 1 or 1A —before the end of the period of 6 months starting on the day the motor vehicle became the property of the State; or\nfor a forfeiture order—before the end of the period of 6 months starting on the day the forfeiture order was made.\nThe relevant court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect.\nUnless the relevant court gives leave, a person who was given notice of the application for the forfeiture order can not apply to the court for an order under subsection (6) .\nOn an application, an order may be made—\ndeclaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and\ndirecting the State—\nif the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or\nif the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 121 (2) (c) .\nThe relevant court must, and may only, make the order if it is satisfied—\nthe applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and\nthe relevant prescribed offence happened without the knowledge and consent of the applicant.\nFor all applications, including applications for leave to apply—\nthe applicant must give notice of the making of the application to the commissioner; and\nthe party given notice is a party to the application.\nIn this section—\ndefendant means the person found guilty of the prescribed offence because of which the forfeiture under part 2 , division 1 or 1A happened or the forfeiture order was made.\ndetermining court means—\nfor forfeiture under part 2 , division 1 or 1A —the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence; or\nfor a forfeiture order—the relevant court to which the application for the order was made.\nrelevant prescribed offence means the prescribed offence because of which the forfeiture under part 2 , division 1 or 1A happened or the forfeiture order was made.\ns 123 prev s 123 om 2005 No. 45 s 6\npres s 123 ins 2002 No. 33 s 6\namd 2005 No. 64 s 13 ; 2007 No. 1 s 11 sch 1 ; 2013 No. 15 s 75\n(sec.123-ssec.1) This section applies in relation to— a person, other than the defendant, who has an interest in a motor vehicle forfeited to the State under part 2 , division 1 or 1A ; or a person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order.\n(sec.123-ssec.1A) The person may apply to the determining court for an order under subsection (6) .\n(sec.123-ssec.2) Subsection (1A) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\n(sec.123-ssec.3) Unless the determining court gives leave, the application must be made— for forfeiture under part 2 , division 1 or 1A —before the end of the period of 6 months starting on the day the motor vehicle became the property of the State; or for a forfeiture order—before the end of the period of 6 months starting on the day the forfeiture order was made.\n(sec.123-ssec.4) The relevant court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect.\n(sec.123-ssec.5) Unless the relevant court gives leave, a person who was given notice of the application for the forfeiture order can not apply to the court for an order under subsection (6) .\n(sec.123-ssec.6) On an application, an order may be made— declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and directing the State— if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 121 (2) (c) .\n(sec.123-ssec.7) The relevant court must, and may only, make the order if it is satisfied— the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and the relevant prescribed offence happened without the knowledge and consent of the applicant.\n(sec.123-ssec.8) For all applications, including applications for leave to apply— the applicant must give notice of the making of the application to the commissioner; and the party given notice is a party to the application.\n(sec.123-ssec.9) In this section— defendant means the person found guilty of the prescribed offence because of which the forfeiture under part 2 , division 1 or 1A happened or the forfeiture order was made. determining court means— for forfeiture under part 2 , division 1 or 1A —the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence; or for a forfeiture order—the relevant court to which the application for the order was made. relevant prescribed offence means the prescribed offence because of which the forfeiture under part 2 , division 1 or 1A happened or the forfeiture order was made.\n- (a) a person, other than the defendant, who has an interest in a motor vehicle forfeited to the State under part 2 , division 1 or 1A ; or\n- (b) a person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order.\n- (a) for forfeiture under part 2 , division 1 or 1A —before the end of the period of 6 months starting on the day the motor vehicle became the property of the State; or\n- (b) for a forfeiture order—before the end of the period of 6 months starting on the day the forfeiture order was made.\n- (a) declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and\n- (b) directing the State— (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 121 (2) (c) .\n- (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or\n- (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 121 (2) (c) .\n- (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or\n- (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 121 (2) (c) .\n- (a) the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and\n- (b) the relevant prescribed offence happened without the knowledge and consent of the applicant.\n- (a) the applicant must give notice of the making of the application to the commissioner; and\n- (b) the party given notice is a party to the application.\n- (a) for forfeiture under part 2 , division 1 or 1A —the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence; or\n- (b) for a forfeiture order—the relevant court to which the application for the order was made.","sortOrder":273},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":274},{"sectionNumber":"ch.4A-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":275},{"sectionNumber":"sec.123A","sectionType":"section","heading":null,"content":"### Section sec.123A\n\ns 123A ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":276},{"sectionNumber":"sec.123B","sectionType":"section","heading":null,"content":"### Section sec.123B\n\ns 123B ins 2013 No. 45 s 60\nsub 2016 No. 62 s 292\nom 2016 No. 62 s 318","sortOrder":277},{"sectionNumber":"sec.123C","sectionType":"section","heading":null,"content":"### Section sec.123C\n\ns 123C ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":278},{"sectionNumber":"sec.123D","sectionType":"section","heading":null,"content":"### Section sec.123D\n\ns 123D ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":279},{"sectionNumber":"sec.123E","sectionType":"section","heading":null,"content":"### Section sec.123E\n\ns 123E ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":280},{"sectionNumber":"ch.4A-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":281},{"sectionNumber":"sec.123F","sectionType":"section","heading":null,"content":"### Section sec.123F\n\ns 123F ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":282},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":283},{"sectionNumber":"ch.4A-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":284},{"sectionNumber":"sec.123G","sectionType":"section","heading":null,"content":"### Section sec.123G\n\ns 123G ins 2013 No. 45 s 60\namd 2016 No. 62 s 293\nom 2016 No. 62 s 318","sortOrder":285},{"sectionNumber":"sec.123H","sectionType":"section","heading":null,"content":"### Section sec.123H\n\ns 123H ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":286},{"sectionNumber":"ch.4A-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":287},{"sectionNumber":"sec.123I","sectionType":"section","heading":null,"content":"### Section sec.123I\n\ns 123I ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":288},{"sectionNumber":"sec.123J","sectionType":"section","heading":null,"content":"### Section sec.123J\n\ns 123J ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":289},{"sectionNumber":"sec.123K","sectionType":"section","heading":null,"content":"### Section sec.123K\n\ns 123K ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":290},{"sectionNumber":"sec.123L","sectionType":"section","heading":null,"content":"### Section sec.123L\n\ns 123L ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":291},{"sectionNumber":"sec.123M","sectionType":"section","heading":null,"content":"### Section sec.123M\n\ns 123M ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":292},{"sectionNumber":"ch.4A-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":293},{"sectionNumber":"sec.123N","sectionType":"section","heading":null,"content":"### Section sec.123N\n\ns 123N ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":294},{"sectionNumber":"sec.123O","sectionType":"section","heading":null,"content":"### Section sec.123O\n\ns 123O ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":295},{"sectionNumber":"sec.123P","sectionType":"section","heading":null,"content":"### Section sec.123P\n\ns 123P ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":296},{"sectionNumber":"ch.4A-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":297},{"sectionNumber":"sec.123Q","sectionType":"section","heading":null,"content":"### Section sec.123Q\n\ns 123Q ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":298},{"sectionNumber":"sec.123R","sectionType":"section","heading":null,"content":"### Section sec.123R\n\ns 123R ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":299},{"sectionNumber":"sec.123S","sectionType":"section","heading":null,"content":"### Section sec.123S\n\ns 123S ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":300},{"sectionNumber":"sec.123T","sectionType":"section","heading":null,"content":"### Section sec.123T\n\ns 123T ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":301},{"sectionNumber":"ch.4A-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":302},{"sectionNumber":"sec.123U","sectionType":"section","heading":null,"content":"### Section sec.123U\n\ns 123U ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":303},{"sectionNumber":"sec.123V","sectionType":"section","heading":null,"content":"### Section sec.123V\n\ns 123V ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":304},{"sectionNumber":"sec.123W","sectionType":"section","heading":null,"content":"### Section sec.123W\n\ns 123W ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":305},{"sectionNumber":"sec.123X","sectionType":"section","heading":null,"content":"### Section sec.123X\n\ns 123X ins 2013 No. 45 s 60\namd 2016 No. 62 s 294\nom 2016 No. 62 s 318","sortOrder":306},{"sectionNumber":"sec.123Y","sectionType":"section","heading":null,"content":"### Section sec.123Y\n\ns 123Y ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":307},{"sectionNumber":"sec.123Z","sectionType":"section","heading":null,"content":"### Section sec.123Z\n\ns 123Z ins 2013 No. 45 s 60\namd 2016 No. 62 s 295\nom 2016 No. 62 s 318","sortOrder":308},{"sectionNumber":"sec.123ZA","sectionType":"section","heading":null,"content":"### Section sec.123ZA\n\ns 123ZA ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":309},{"sectionNumber":"sec.123ZB","sectionType":"section","heading":null,"content":"### Section sec.123ZB\n\ns 123ZB ins 2013 No. 45 s 60\namd 2016 No. 62 s 296\nom 2016 No. 62 s 318","sortOrder":310},{"sectionNumber":"sec.123ZC","sectionType":"section","heading":null,"content":"### Section sec.123ZC\n\ns 123ZC ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":311},{"sectionNumber":"sec.123ZD","sectionType":"section","heading":null,"content":"### Section sec.123ZD\n\ns 123ZD ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":312},{"sectionNumber":"sec.123ZE","sectionType":"section","heading":null,"content":"### Section sec.123ZE\n\ns 123ZE ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":313},{"sectionNumber":"sec.123ZF","sectionType":"section","heading":null,"content":"### Section sec.123ZF\n\ns 123ZF ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":314},{"sectionNumber":"sec.123ZG","sectionType":"section","heading":null,"content":"### Section sec.123ZG\n\ns 123ZG ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":315},{"sectionNumber":"sec.123ZH","sectionType":"section","heading":null,"content":"### Section sec.123ZH\n\ns 123ZH ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":316},{"sectionNumber":"sec.123ZI","sectionType":"section","heading":null,"content":"### Section sec.123ZI\n\ns 123ZI ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":317},{"sectionNumber":"sec.123ZJ","sectionType":"section","heading":null,"content":"### Section sec.123ZJ\n\ns 123ZJ ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":318},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":319},{"sectionNumber":"sec.123ZK","sectionType":"section","heading":null,"content":"### Section sec.123ZK\n\ns 123ZK ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":320},{"sectionNumber":"sec.123ZL","sectionType":"section","heading":null,"content":"### Section sec.123ZL\n\ns 123ZL ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":321},{"sectionNumber":"sec.123ZM","sectionType":"section","heading":null,"content":"### Section sec.123ZM\n\ns 123ZM ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":322},{"sectionNumber":"sec.123ZN","sectionType":"section","heading":null,"content":"### Section sec.123ZN\n\ns 123ZN ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":323},{"sectionNumber":"sec.123ZO","sectionType":"section","heading":null,"content":"### Section sec.123ZO\n\ns 123ZO ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":324},{"sectionNumber":"sec.123ZP","sectionType":"section","heading":null,"content":"### Section sec.123ZP\n\ns 123ZP ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":325},{"sectionNumber":"sec.123ZQ","sectionType":"section","heading":null,"content":"### Section sec.123ZQ\n\ns 123ZQ ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":326},{"sectionNumber":"sec.123ZR","sectionType":"section","heading":null,"content":"### Section sec.123ZR\n\ns 123ZR ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":327},{"sectionNumber":"ch.4A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":328},{"sectionNumber":"ch.4A-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":329},{"sectionNumber":"sec.123ZS","sectionType":"section","heading":null,"content":"### Section sec.123ZS\n\ns 123ZS ins 2013 No. 45 s 60\namd 2016 No. 62 s 297\nom 2016 No. 62 s 318","sortOrder":330},{"sectionNumber":"sec.123ZT","sectionType":"section","heading":null,"content":"### Section sec.123ZT\n\ns 123ZT ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":331},{"sectionNumber":"sec.123ZU","sectionType":"section","heading":null,"content":"### Section sec.123ZU\n\ns 123ZU ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":332},{"sectionNumber":"sec.123ZV","sectionType":"section","heading":null,"content":"### Section sec.123ZV\n\ns 123ZV ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":333},{"sectionNumber":"sec.123ZW","sectionType":"section","heading":null,"content":"### Section sec.123ZW\n\ns 123ZW ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":334},{"sectionNumber":"ch.4A-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":335},{"sectionNumber":"sec.123ZX","sectionType":"section","heading":null,"content":"### Section sec.123ZX\n\ns 123ZX ins 2013 No. 45 s 60\namd 2016 No. 62 s 298\nom 2016 No. 62 s 318","sortOrder":336},{"sectionNumber":"ch.4A-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":337},{"sectionNumber":"sec.123ZY","sectionType":"section","heading":null,"content":"### Section sec.123ZY\n\ns 123ZY ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":338},{"sectionNumber":"sec.123ZZ","sectionType":"section","heading":null,"content":"### Section sec.123ZZ\n\ns 123ZZ ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":339},{"sectionNumber":"sec.123ZZA","sectionType":"section","heading":null,"content":"### Section sec.123ZZA\n\ns 123ZZA ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":340},{"sectionNumber":"sec.123ZZB","sectionType":"section","heading":null,"content":"### Section sec.123ZZB\n\ns 123ZZB ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":341},{"sectionNumber":"sec.123ZZC","sectionType":"section","heading":null,"content":"### Section sec.123ZZC\n\ns 123ZZC ins 2013 No. 45 s 60\namd 2016 No. 62 s 299\nom 2016 No. 62 s 318","sortOrder":342},{"sectionNumber":"ch.4A-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":343},{"sectionNumber":"sec.123ZZD","sectionType":"section","heading":null,"content":"### Section sec.123ZZD\n\ns 123ZZD ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":344},{"sectionNumber":"sec.123ZZE","sectionType":"section","heading":null,"content":"### Section sec.123ZZE\n\ns 123ZZE ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":345},{"sectionNumber":"sec.123ZZF","sectionType":"section","heading":null,"content":"### Section sec.123ZZF\n\ns 123ZZF ins 2013 No. 45 s 60\nom 2016 No. 62 s 318","sortOrder":346},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Power to seize or remove","content":"# Power to seize or remove","sortOrder":347},{"sectionNumber":"sec.124AA","sectionType":"section","heading":"Definitions for pt 1","content":"### sec.124AA Definitions for pt 1\n\nIn this part—\nload includes any goods, equipment or thing—\nthat is carried by, in or on a vehicle, or is attached to a vehicle; or\nthat was carried by, in or on a vehicle or attached to a vehicle, but has become separated from the vehicle.\nmoving expenses , for a vehicle, load or other thing, means actual expenses relating to 1 or more of the following acts in relation to the exercise of a power in prescribed circumstances—\ncalling a service or towing vehicle to the vehicle, load or other thing;\nseizing or moving the vehicle, load or other thing;\nremoving the vehicle, load or other thing;\nstoring the vehicle, load or other thing after it has been removed;\nreleasing a vehicle, load or other thing mentioned in paragraph (d) from storage;\ndisposing of a vehicle, load or other thing mentioned in paragraph (c) other than by selling it.\nprescribed circumstance means a prescribed circumstance under section 125 .\nused includes held in possession.\ns 124AA ins 2008 No. 67 s 203\n- (a) that is carried by, in or on a vehicle, or is attached to a vehicle; or\n- (b) that was carried by, in or on a vehicle or attached to a vehicle, but has become separated from the vehicle.\n- (a) calling a service or towing vehicle to the vehicle, load or other thing;\n- (b) seizing or moving the vehicle, load or other thing;\n- (c) removing the vehicle, load or other thing;\n- (d) storing the vehicle, load or other thing after it has been removed;\n- (e) releasing a vehicle, load or other thing mentioned in paragraph (d) from storage;\n- (f) disposing of a vehicle, load or other thing mentioned in paragraph (c) other than by selling it.","sortOrder":348},{"sectionNumber":"sec.124","sectionType":"section","heading":"Removal of vehicle or load or other thing","content":"### sec.124 Removal of vehicle or load or other thing\n\nA police officer may, in a prescribed circumstance, seize and move a vehicle, load or other thing mentioned in the prescribed circumstance, or arrange for it to be moved, to another place for safe keeping.\nIn a prescribed circumstance mentioned in section 125 (1) (c) or (d) , the police officer may, without seizing a vehicle or load, instead move the vehicle or load, or arrange for it to be moved, to another place where it can be located by its driver or owner or person in control of it.\nIn the prescribed circumstance mentioned in section 125 (2) , the police officer may, without seizing the vehicle, load or other thing instead move the vehicle, load or other thing, or arrange for it to be moved, off the road including to another place.\nSubsections (1) to (2A) do not prevent the driver, or owner or person in control of the vehicle, load or other thing taking possession of it, with the consent of the police officer, before or while it is being moved.\ns 124 prev s 124 amd 2004 No. 8 s 28\nom 2005 No. 45 s 6\npres s 124 ins 2005 No. 64 s 14\namd 2008 No. 67 s 204\n(sec.124-ssec.1) A police officer may, in a prescribed circumstance, seize and move a vehicle, load or other thing mentioned in the prescribed circumstance, or arrange for it to be moved, to another place for safe keeping.\n(sec.124-ssec.2) In a prescribed circumstance mentioned in section 125 (1) (c) or (d) , the police officer may, without seizing a vehicle or load, instead move the vehicle or load, or arrange for it to be moved, to another place where it can be located by its driver or owner or person in control of it.\n(sec.124-ssec.2A) In the prescribed circumstance mentioned in section 125 (2) , the police officer may, without seizing the vehicle, load or other thing instead move the vehicle, load or other thing, or arrange for it to be moved, off the road including to another place.\n(sec.124-ssec.3) Subsections (1) to (2A) do not prevent the driver, or owner or person in control of the vehicle, load or other thing taking possession of it, with the consent of the police officer, before or while it is being moved.","sortOrder":349},{"sectionNumber":"sec.125","sectionType":"section","heading":"Prescribed circumstances for s 124","content":"### sec.125 Prescribed circumstances for s 124\n\nThe prescribed circumstances for section 124 are as follows—\nthe person in control of a vehicle or load has been arrested;\na police officer reasonably suspects the person who was last in control of a vehicle or load has abandoned it;\na police officer—\nreasonably suspects a vehicle or load has been involved in a relevant vehicle incident; and\nreasonably believes it is necessary to keep the vehicle or load for completing inquiries and investigations into the incident;\na police officer reasonably suspects a vehicle or load has been left in circumstances that are an offence against any of the following and the person in control of the vehicle or load can not be easily located or fails to comply with a direction of the police officer to move the vehicle or load immediately—\nthe Heavy Vehicle National Law (Queensland)\nthe Road Use Management Act\nthe Brisbane Forest Park Act 1977\nthe Recreation Areas Management Act 2006\nthe Nature Conservation Act 1992 .\nAlso, without limiting subsection (1) it is a prescribed circumstance for section 124 if—\neither—\na vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary; or\nanother thing that is not abandoned is placed or comes to rest on a road; or\nwithout limiting subsection (1) (b) , a police officer reasonably suspects a vehicle, load or other thing on a road is abandoned; and\na police officer—\ncan not immediately find the person in control of the vehicle, load or other thing; or\ncan immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately; and\nthe police officer reasonably believes that it is necessary for the vehicle, load or other thing to be moved off the road for the safety or convenience of people using the road.\nA vehicle is stopped on a median strip on a road but, due to the distraction caused by it, traffic is banking up.\ns 125 prev s 125 om 2005 No. 45 s 6\npres s 125 ins 2005 No. 64 s 14\namd 2006 No. 20 s 253 (amd 2007 No. 56 s 46 ); 2008 No. 67 s 205 ; 2013 No. 26 s 34\n(sec.125-ssec.1) The prescribed circumstances for section 124 are as follows— the person in control of a vehicle or load has been arrested; a police officer reasonably suspects the person who was last in control of a vehicle or load has abandoned it; a police officer— reasonably suspects a vehicle or load has been involved in a relevant vehicle incident; and reasonably believes it is necessary to keep the vehicle or load for completing inquiries and investigations into the incident; a police officer reasonably suspects a vehicle or load has been left in circumstances that are an offence against any of the following and the person in control of the vehicle or load can not be easily located or fails to comply with a direction of the police officer to move the vehicle or load immediately— the Heavy Vehicle National Law (Queensland) the Road Use Management Act the Brisbane Forest Park Act 1977 the Recreation Areas Management Act 2006 the Nature Conservation Act 1992 .\n(sec.125-ssec.2) Also, without limiting subsection (1) it is a prescribed circumstance for section 124 if— either— a vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary; or another thing that is not abandoned is placed or comes to rest on a road; or without limiting subsection (1) (b) , a police officer reasonably suspects a vehicle, load or other thing on a road is abandoned; and a police officer— can not immediately find the person in control of the vehicle, load or other thing; or can immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately; and the police officer reasonably believes that it is necessary for the vehicle, load or other thing to be moved off the road for the safety or convenience of people using the road. A vehicle is stopped on a median strip on a road but, due to the distraction caused by it, traffic is banking up.\n- (a) the person in control of a vehicle or load has been arrested;\n- (b) a police officer reasonably suspects the person who was last in control of a vehicle or load has abandoned it;\n- (c) a police officer— (i) reasonably suspects a vehicle or load has been involved in a relevant vehicle incident; and (ii) reasonably believes it is necessary to keep the vehicle or load for completing inquiries and investigations into the incident;\n- (i) reasonably suspects a vehicle or load has been involved in a relevant vehicle incident; and\n- (ii) reasonably believes it is necessary to keep the vehicle or load for completing inquiries and investigations into the incident;\n- (d) a police officer reasonably suspects a vehicle or load has been left in circumstances that are an offence against any of the following and the person in control of the vehicle or load can not be easily located or fails to comply with a direction of the police officer to move the vehicle or load immediately— • the Heavy Vehicle National Law (Queensland) • the Road Use Management Act • the Brisbane Forest Park Act 1977 • the Recreation Areas Management Act 2006 • the Nature Conservation Act 1992 .\n- • the Heavy Vehicle National Law (Queensland)\n- • the Road Use Management Act\n- • the Brisbane Forest Park Act 1977\n- • the Recreation Areas Management Act 2006\n- • the Nature Conservation Act 1992 .\n- (i) reasonably suspects a vehicle or load has been involved in a relevant vehicle incident; and\n- (ii) reasonably believes it is necessary to keep the vehicle or load for completing inquiries and investigations into the incident;\n- • the Heavy Vehicle National Law (Queensland)\n- • the Road Use Management Act\n- • the Brisbane Forest Park Act 1977\n- • the Recreation Areas Management Act 2006\n- • the Nature Conservation Act 1992 .\n- (a) either— (i) a vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary; or (ii) another thing that is not abandoned is placed or comes to rest on a road; or (iii) without limiting subsection (1) (b) , a police officer reasonably suspects a vehicle, load or other thing on a road is abandoned; and\n- (i) a vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary; or\n- (ii) another thing that is not abandoned is placed or comes to rest on a road; or\n- (iii) without limiting subsection (1) (b) , a police officer reasonably suspects a vehicle, load or other thing on a road is abandoned; and\n- (b) a police officer— (i) can not immediately find the person in control of the vehicle, load or other thing; or (ii) can immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately; and\n- (i) can not immediately find the person in control of the vehicle, load or other thing; or\n- (ii) can immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately; and\n- (c) the police officer reasonably believes that it is necessary for the vehicle, load or other thing to be moved off the road for the safety or convenience of people using the road. Example of inconvenience— A vehicle is stopped on a median strip on a road but, due to the distraction caused by it, traffic is banking up.\n- (i) a vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary; or\n- (ii) another thing that is not abandoned is placed or comes to rest on a road; or\n- (iii) without limiting subsection (1) (b) , a police officer reasonably suspects a vehicle, load or other thing on a road is abandoned; and\n- (i) can not immediately find the person in control of the vehicle, load or other thing; or\n- (ii) can immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately; and","sortOrder":350},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Other provisions about seizure or moving","content":"# Other provisions about seizure or moving","sortOrder":351},{"sectionNumber":"sec.125A","sectionType":"section","heading":"Recovering moving and seizure expenses in particular circumstances","content":"### sec.125A Recovering moving and seizure expenses in particular circumstances\n\nThe commissioner may recover as a debt the moving expenses for a vehicle, load or other thing incurred by a police officer in exercising powers in the prescribed circumstances.\nThe moving expenses may be recovered from—\nthe person who was in control of the vehicle, load or other thing immediately before it was seized or moved; or\nif the identity of the person mentioned in paragraph (a) can not be discovered—the vehicle, load or other thing’s owner, unless the vehicle, load or other thing was being used without the owner’s consent.\nThe moving expenses claimed under subsection (1) must be reasonable.\nIf moving expenses were incurred because of the paramount or high degree of importance given to moving the vehicle, load or other thing off a road quickly as mentioned in section 128B (2) (a) , a court must act on the basis that the expenses were reasonable.\ns 125A ins 2008 No. 67 s 207\n(sec.125A-ssec.1) The commissioner may recover as a debt the moving expenses for a vehicle, load or other thing incurred by a police officer in exercising powers in the prescribed circumstances.\n(sec.125A-ssec.2) The moving expenses may be recovered from— the person who was in control of the vehicle, load or other thing immediately before it was seized or moved; or if the identity of the person mentioned in paragraph (a) can not be discovered—the vehicle, load or other thing’s owner, unless the vehicle, load or other thing was being used without the owner’s consent.\n(sec.125A-ssec.3) The moving expenses claimed under subsection (1) must be reasonable.\n(sec.125A-ssec.4) If moving expenses were incurred because of the paramount or high degree of importance given to moving the vehicle, load or other thing off a road quickly as mentioned in section 128B (2) (a) , a court must act on the basis that the expenses were reasonable.\n- (a) the person who was in control of the vehicle, load or other thing immediately before it was seized or moved; or\n- (b) if the identity of the person mentioned in paragraph (a) can not be discovered—the vehicle, load or other thing’s owner, unless the vehicle, load or other thing was being used without the owner’s consent.","sortOrder":352},{"sectionNumber":"sec.126","sectionType":"section","heading":"Steps after seizing a vehicle, load or other thing","content":"### sec.126 Steps after seizing a vehicle, load or other thing\n\nAs soon as practicable, but within 14 days after seizing or moving a vehicle, load or other thing under this chapter, the police officer who seized or moved it must give or arrange for another police officer to give to the owner, if known, a notice stating—\nhow the owner may recover the vehicle, load or other thing; and\nthat, before the vehicle, load or other thing may be recovered, the person—\nmay be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and\nmust pay the moving expenses; and\nthe penalty for unlawfully removing the vehicle, load or other thing from the place at which it is held.\nIf practicable, the notice must be given to the owner personally.\nIf it is not practicable to comply with subsection (2) , the notice may be published on the police service website.\nA police officer need not give the notice required by this section in relation to a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if—\nthe police officer reasonably believes the vehicle is abandoned; and\neither—\nthe proceeds of the vehicle’s sale are not likely to cover—\nthe moving expenses for the vehicle; and\nthe expenses incurred by the commissioner in selling the vehicle; or\nit is otherwise impracticable to give the notice.\nA police officer need not give the notice required by this section in relation to something other than a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if—\nthe police officer reasonably believes the thing is abandoned; or\nthe proceeds of the thing’s sale are not likely to cover—\nthe moving expenses for the thing; and\nthe expenses incurred by the commissioner in selling the thing; or\nit is otherwise impracticable to give the notice.\nA requirement under this Act to return the vehicle, load or other thing applies subject to section 127 .\nIn this section—\nsomething other than a vehicle , for subsection (3B) , includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter.\nvehicle , for subsection (3A) , includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.\ns 126 prev s 126 amd 2004 No. 8 s 29\nom 2005 No. 45 s 6\npres s 126 ins 2005 No. 64 s 14\namd 2008 No. 67 s 208 ; 2014 No. 1 s 7\n(sec.126-ssec.1) As soon as practicable, but within 14 days after seizing or moving a vehicle, load or other thing under this chapter, the police officer who seized or moved it must give or arrange for another police officer to give to the owner, if known, a notice stating— how the owner may recover the vehicle, load or other thing; and that, before the vehicle, load or other thing may be recovered, the person— may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and must pay the moving expenses; and the penalty for unlawfully removing the vehicle, load or other thing from the place at which it is held.\n(sec.126-ssec.2) If practicable, the notice must be given to the owner personally.\n(sec.126-ssec.3) If it is not practicable to comply with subsection (2) , the notice may be published on the police service website.\n(sec.126-ssec.3A) A police officer need not give the notice required by this section in relation to a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if— the police officer reasonably believes the vehicle is abandoned; and either— the proceeds of the vehicle’s sale are not likely to cover— the moving expenses for the vehicle; and the expenses incurred by the commissioner in selling the vehicle; or it is otherwise impracticable to give the notice.\n(sec.126-ssec.3B) A police officer need not give the notice required by this section in relation to something other than a vehicle seized or moved in the prescribed circumstances mentioned in section 125 (2) if— the police officer reasonably believes the thing is abandoned; or the proceeds of the thing’s sale are not likely to cover— the moving expenses for the thing; and the expenses incurred by the commissioner in selling the thing; or it is otherwise impracticable to give the notice.\n(sec.126-ssec.4) A requirement under this Act to return the vehicle, load or other thing applies subject to section 127 .\n(sec.126-ssec.5) In this section— something other than a vehicle , for subsection (3B) , includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter. vehicle , for subsection (3A) , includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.\n- (a) how the owner may recover the vehicle, load or other thing; and\n- (b) that, before the vehicle, load or other thing may be recovered, the person— (i) may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and (ii) must pay the moving expenses; and\n- (i) may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and\n- (ii) must pay the moving expenses; and\n- (c) the penalty for unlawfully removing the vehicle, load or other thing from the place at which it is held.\n- (i) may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and\n- (ii) must pay the moving expenses; and\n- (a) the police officer reasonably believes the vehicle is abandoned; and\n- (b) either— (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the commissioner in selling the vehicle; or (ii) it is otherwise impracticable to give the notice.\n- (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the commissioner in selling the vehicle; or\n- (A) the moving expenses for the vehicle; and\n- (B) the expenses incurred by the commissioner in selling the vehicle; or\n- (ii) it is otherwise impracticable to give the notice.\n- (i) the proceeds of the vehicle’s sale are not likely to cover— (A) the moving expenses for the vehicle; and (B) the expenses incurred by the commissioner in selling the vehicle; or\n- (A) the moving expenses for the vehicle; and\n- (B) the expenses incurred by the commissioner in selling the vehicle; or\n- (ii) it is otherwise impracticable to give the notice.\n- (A) the moving expenses for the vehicle; and\n- (B) the expenses incurred by the commissioner in selling the vehicle; or\n- (a) the police officer reasonably believes the thing is abandoned; or\n- (b) the proceeds of the thing’s sale are not likely to cover— (i) the moving expenses for the thing; and (ii) the expenses incurred by the commissioner in selling the thing; or\n- (i) the moving expenses for the thing; and\n- (ii) the expenses incurred by the commissioner in selling the thing; or\n- (c) it is otherwise impracticable to give the notice.\n- (i) the moving expenses for the thing; and\n- (ii) the expenses incurred by the commissioner in selling the thing; or","sortOrder":353},{"sectionNumber":"sec.127","sectionType":"section","heading":"Disposal of seized or moved vehicle, load or other thing","content":"### sec.127 Disposal of seized or moved vehicle, load or other thing\n\nIf, within 1 month after notice of the seizure or moving of a vehicle, load or other thing under this chapter is given, the owner does not recover the vehicle, load or other thing, the commissioner may sell the vehicle, load or other thing by public auction or dispose of it in the way the commissioner considers appropriate.\nNotice of the proposed sale must be published on the police service website.\ns 127 prev s 127 amd 2004 No. 8 s 30\nom 2005 No. 45 s 6\npres s 127 ins 2005 No. 64 s 14\namd 2008 No. 67 s 209 ; 2014 No. 1 s 8\n(sec.127-ssec.1) If, within 1 month after notice of the seizure or moving of a vehicle, load or other thing under this chapter is given, the owner does not recover the vehicle, load or other thing, the commissioner may sell the vehicle, load or other thing by public auction or dispose of it in the way the commissioner considers appropriate.\n(sec.127-ssec.2) Notice of the proposed sale must be published on the police service website.","sortOrder":354},{"sectionNumber":"sec.128","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.128 Application of proceeds of sale\n\nThe proceeds of the sale of a vehicle, load or other thing under section 127 must be applied in the following order—\nin payment of the expenses of the sale;\nin payment of the moving expenses and giving notice under section 126 ;\nif there is an amount owing to an entity under a security interest registered for the vehicle, load or other thing under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nin payment of any balance to the owner.\nCompensation is not recoverable against the State for a payment under this section.\ns 128 prev s 128 amd 2004 No. 8 s 31\nom 2005 No. 45 s 6\npres s 128 ins 2005 No. 64 s 14\namd 2008 No. 67 s 210 ; 2010 No. 44 s 192\n(sec.128-ssec.1) The proceeds of the sale of a vehicle, load or other thing under section 127 must be applied in the following order— in payment of the expenses of the sale; in payment of the moving expenses and giving notice under section 126 ; if there is an amount owing to an entity under a security interest registered for the vehicle, load or other thing under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the owner.\n(sec.128-ssec.2) Compensation is not recoverable against the State for a payment under this section.\n- (a) in payment of the expenses of the sale;\n- (b) in payment of the moving expenses and giving notice under section 126 ;\n- (c) if there is an amount owing to an entity under a security interest registered for the vehicle, load or other thing under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (d) in payment of any balance to the owner.","sortOrder":355},{"sectionNumber":"sec.128A","sectionType":"section","heading":"Immediate disposal in particular circumstances","content":"### sec.128A Immediate disposal in particular circumstances\n\nDespite any other provision of this part, a police officer exercising powers under part 1 may dispose of something other than a vehicle when and in the way the police officer considers appropriate if—\nthe police officer reasonably suspects the thing has been abandoned; or\nthe proceeds of any sale of the thing are unlikely to cover—\nthe moving expenses for the thing; and\nthe expenses likely to be incurred by the chief executive in selling the thing; or\nit is otherwise impracticable to retain the removed thing.\nThe police officer may immediately dispose of gravel spilled on a road by a passing truck by having it bulldozed off the side of the road.\nIn this section—\nsomething other than a vehicle —\nincludes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter; and\ndoes not include a vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.\ns 128A ins 2008 No. 67 s 211\n(sec.128A-ssec.1) Despite any other provision of this part, a police officer exercising powers under part 1 may dispose of something other than a vehicle when and in the way the police officer considers appropriate if— the police officer reasonably suspects the thing has been abandoned; or the proceeds of any sale of the thing are unlikely to cover— the moving expenses for the thing; and the expenses likely to be incurred by the chief executive in selling the thing; or it is otherwise impracticable to retain the removed thing. The police officer may immediately dispose of gravel spilled on a road by a passing truck by having it bulldozed off the side of the road.\n(sec.128A-ssec.2) In this section— something other than a vehicle — includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter; and does not include a vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.\n- (a) the police officer reasonably suspects the thing has been abandoned; or\n- (b) the proceeds of any sale of the thing are unlikely to cover— (i) the moving expenses for the thing; and (ii) the expenses likely to be incurred by the chief executive in selling the thing; or\n- (i) the moving expenses for the thing; and\n- (ii) the expenses likely to be incurred by the chief executive in selling the thing; or\n- (c) it is otherwise impracticable to retain the removed thing.\n- (i) the moving expenses for the thing; and\n- (ii) the expenses likely to be incurred by the chief executive in selling the thing; or\n- (a) includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter; and\n- (b) does not include a vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.","sortOrder":356},{"sectionNumber":"sec.128B","sectionType":"section","heading":"Protection for persons exercising power under ch 5","content":"### sec.128B Protection for persons exercising power under ch 5\n\nThis section applies to proceedings in relation to liability for breach of duty arising out of damage to a vehicle, load or other thing that happens when a person exercises power, or assists another person exercising power, under this chapter in relation to the seizure or moving of a vehicle, load or other thing.\nThe person, or a person assisting the person, is not civilly liable—\nbecause of the paramount or high degree of importance the person gave to moving the vehicle, load or other thing off the road quickly; or\nto the extent there was an increased likelihood that vehicles, loads or other things would be damaged in the exercise of power mentioned in subsection (1) , because of the nature of the power.\ns 128B ins 2008 No. 67 s 211\n(sec.128B-ssec.1) This section applies to proceedings in relation to liability for breach of duty arising out of damage to a vehicle, load or other thing that happens when a person exercises power, or assists another person exercising power, under this chapter in relation to the seizure or moving of a vehicle, load or other thing.\n(sec.128B-ssec.2) The person, or a person assisting the person, is not civilly liable— because of the paramount or high degree of importance the person gave to moving the vehicle, load or other thing off the road quickly; or to the extent there was an increased likelihood that vehicles, loads or other things would be damaged in the exercise of power mentioned in subsection (1) , because of the nature of the power.\n- (a) because of the paramount or high degree of importance the person gave to moving the vehicle, load or other thing off the road quickly; or\n- (b) to the extent there was an increased likelihood that vehicles, loads or other things would be damaged in the exercise of power mentioned in subsection (1) , because of the nature of the power.","sortOrder":357},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"General towing authority","content":"# General towing authority","sortOrder":358},{"sectionNumber":"sec.129","sectionType":"section","heading":"Police officer may authorise tow after seizure under any Act","content":"### sec.129 Police officer may authorise tow after seizure under any Act\n\nThis section applies if—\na police officer seizes a vehicle, load or other thing under an Act; or\nthe owner of a damaged vehicle, load or other thing, or the owner’s agent, is away from the vehicle, load or other thing or incapacitated.\nA police officer may sign a towing authority for the vehicle, load or other thing.\nThe driver of a tow truck towing the vehicle, load or other thing under the towing authority must tow the vehicle, load or other thing to—\nthe nearest holding yard available to the driver; or\nif directed by a police officer, the nearest police establishment or other place directed by the police officer.\nA person must not unlawfully remove a vehicle, load or other thing from the place to which it is towed under subsection (3) .\nMaximum penalty for subsection (4) —40 penalty units.\nIn this section—\nholding yard means a holding yard mentioned in schedule 6 , definition holding yard , paragraph (a).\ntow includes carry, lift and tow, lift and carry and lift for the purpose of towing.\ntowing authority , in relation to a vehicle, load or other thing, means a document that states that a particular person is authorised to tow the vehicle, load or other thing.\ns 129 prev s 129 om 2005 No. 45 s 6\npres s 129 ins 2005 No. 64 s 14\namd 2008 No. 67 s 212 ; 2023 No. 28 s 188\n(sec.129-ssec.1) This section applies if— a police officer seizes a vehicle, load or other thing under an Act; or the owner of a damaged vehicle, load or other thing, or the owner’s agent, is away from the vehicle, load or other thing or incapacitated.\n(sec.129-ssec.2) A police officer may sign a towing authority for the vehicle, load or other thing.\n(sec.129-ssec.3) The driver of a tow truck towing the vehicle, load or other thing under the towing authority must tow the vehicle, load or other thing to— the nearest holding yard available to the driver; or if directed by a police officer, the nearest police establishment or other place directed by the police officer.\n(sec.129-ssec.4) A person must not unlawfully remove a vehicle, load or other thing from the place to which it is towed under subsection (3) . Maximum penalty for subsection (4) —40 penalty units.\n(sec.129-ssec.5) In this section— holding yard means a holding yard mentioned in schedule 6 , definition holding yard , paragraph (a). tow includes carry, lift and tow, lift and carry and lift for the purpose of towing. towing authority , in relation to a vehicle, load or other thing, means a document that states that a particular person is authorised to tow the vehicle, load or other thing.\n- (a) a police officer seizes a vehicle, load or other thing under an Act; or\n- (b) the owner of a damaged vehicle, load or other thing, or the owner’s agent, is away from the vehicle, load or other thing or incapacitated.\n- (a) the nearest holding yard available to the driver; or\n- (b) if directed by a police officer, the nearest police establishment or other place directed by the police officer.","sortOrder":359},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":360},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":361},{"sectionNumber":"sec.130","sectionType":"section","heading":"Definition for ch 6","content":"### sec.130 Definition for ch 6\n\nIn this chapter—\nperson in charge , of an animal, means—\na person who owns or has a lease, licence or other proprietary interest in the animal; or\na person who has care, control or custody of the animal; or\na person who is employing or has engaged someone else who has care, control or custody of the animal and the care, control or custody is within the scope of the employment or engagement.\ns 130 prev s 130 amd 2004 No. 8 s 37 ; 2005 No. 17 s 8\nom 2005 No. 45 s 6\npres s 130 ins 2005 No. 64 s 14\n- (a) a person who owns or has a lease, licence or other proprietary interest in the animal; or\n- (b) a person who has care, control or custody of the animal; or\n- (c) a person who is employing or has engaged someone else who has care, control or custody of the animal and the care, control or custody is within the scope of the employment or engagement.","sortOrder":362},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"General powers","content":"# General powers","sortOrder":363},{"sectionNumber":"sec.131","sectionType":"section","heading":"Power of inquiry into road use contraventions involving an animal","content":"### sec.131 Power of inquiry into road use contraventions involving an animal\n\nIt is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act has been committed involving an animal.\nAlso, it is lawful for a police officer to arrange for someone else to make any reasonably necessary inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act has been committed involving an animal.\ns 131 prev s 131 amd 2004 No. 53 s 2 sch\nom 2005 No. 45 s 6\npres s 131 ins 2005 No. 64 s 14\n(sec.131-ssec.1) It is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act has been committed involving an animal.\n(sec.131-ssec.2) Also, it is lawful for a police officer to arrange for someone else to make any reasonably necessary inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act has been committed involving an animal.","sortOrder":364},{"sectionNumber":"sec.132","sectionType":"section","heading":"Power to require information about identity of person in charge of animal","content":"### sec.132 Power to require information about identity of person in charge of animal\n\nThis section applies if a person alleges to a police officer, or a police officer reasonably suspects, a contravention of the Road Use Management Act involving an animal has been committed.\nA police officer may require any of the following to give to the police officer information that will identify or help identify the person who was in charge of the animal when the contravention happened—\nan owner of the animal;\na person in possession of the animal;\na person who may reasonably be expected to be able to give the information.\nFailure to comply with a requirement under this section is an offence against section 791 .\ns 132 ins 2005 No. 64 s 14\n(sec.132-ssec.1) This section applies if a person alleges to a police officer, or a police officer reasonably suspects, a contravention of the Road Use Management Act involving an animal has been committed.\n(sec.132-ssec.2) A police officer may require any of the following to give to the police officer information that will identify or help identify the person who was in charge of the animal when the contravention happened— an owner of the animal; a person in possession of the animal; a person who may reasonably be expected to be able to give the information. Failure to comply with a requirement under this section is an offence against section 791 .\n- (a) an owner of the animal;\n- (b) a person in possession of the animal;\n- (c) a person who may reasonably be expected to be able to give the information.","sortOrder":365},{"sectionNumber":"sec.133","sectionType":"section","heading":"Power of entry for ss 131 – 132","content":"### sec.133 Power of entry for ss 131 – 132\n\nFor sections 131 and 132 , a police officer may enter a place and stay on the place for the time reasonably necessary for the purpose of the entry.\nHowever, the police officer may use reasonably necessary force to enter the place only if the entry is authorised by a police officer of at least the rank of inspector.\ns 133 ins 2005 No. 64 s 14\n(sec.133-ssec.1) For sections 131 and 132 , a police officer may enter a place and stay on the place for the time reasonably necessary for the purpose of the entry.\n(sec.133-ssec.2) However, the police officer may use reasonably necessary force to enter the place only if the entry is authorised by a police officer of at least the rank of inspector.","sortOrder":366},{"sectionNumber":"sec.134","sectionType":"section","heading":"Power for regulating animal traffic","content":"### sec.134 Power for regulating animal traffic\n\nA police officer may give to a person in charge of an animal any direction the police officer reasonably considers necessary for the safe and effective regulation of animal traffic on the road.\nWithout limiting subsection (1) , a police officer may act under that subsection if the police officer reasonably suspects an emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct animal traffic and pedestrians.\nThe direction may include a direction to the person in charge of an animal to move the animal as soon as practicable.\ns 134 ins 2005 No. 64 s 14\namd 2006 No. 26 s 24\n(sec.134-ssec.1) A police officer may give to a person in charge of an animal any direction the police officer reasonably considers necessary for the safe and effective regulation of animal traffic on the road.\n(sec.134-ssec.2) Without limiting subsection (1) , a police officer may act under that subsection if the police officer reasonably suspects an emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct animal traffic and pedestrians.\n(sec.134-ssec.3) The direction may include a direction to the person in charge of an animal to move the animal as soon as practicable.","sortOrder":367},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Stopping animals for prescribed purposes","content":"# Stopping animals for prescribed purposes","sortOrder":368},{"sectionNumber":"sec.135","sectionType":"section","heading":"Stopping animals for prescribed purposes","content":"### sec.135 Stopping animals for prescribed purposes\n\nA police officer may require the person in control of an animal, whether or not the animal is pulling a vehicle, to stop the animal for a prescribed purpose.\nThe person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—60 penalty units.\nThe prescribed purposes are as follows—\nfor enforcing a transport Act;\nto check whether the vehicle the animal is pulling or the person in control of the animal is complying with a transport Act;\nfor monitoring or enforcing a liquor provision;\nfor enforcing a contravention of law involving putting, dropping and leaving litter on a public place.\nFor monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the police officer reasonably suspects the exercise of the power may be effective for the purpose—\nif the animal is pulling a vehicle—enter the vehicle and remain in it for the time reasonably necessary for the purpose;\nsearch anything on the animal or in the vehicle;\nphotograph or film—\nthe animal and anything on the animal; and\nif the animal is pulling a vehicle, the vehicle or anything in it;\nif the animal is pulling a vehicle, inspect, measure or test the vehicle or anything in it;\ntake samples of anything on the animal or in the vehicle;\nseize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;\ncopy a document in something on the animal or in the vehicle;\nmove the vehicle’s load.\nIn this section—\nin , for a vehicle, includes on the vehicle.\nliquor provision means any of the following provisions—\nthe Liquor Act 1992 , section 168B , 168C , 169 or 171 ;\nthe Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 .\nmonitor , a liquor provision, means check whether the provision is being complied with.\ns 135 ins 2006 No. 26 s 25\namd 2007 No. 59 s 152 sch ; 2008 No. 30 s 48\n(sec.135-ssec.1) A police officer may require the person in control of an animal, whether or not the animal is pulling a vehicle, to stop the animal for a prescribed purpose.\n(sec.135-ssec.2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—60 penalty units.\n(sec.135-ssec.3) The prescribed purposes are as follows— for enforcing a transport Act; to check whether the vehicle the animal is pulling or the person in control of the animal is complying with a transport Act; for monitoring or enforcing a liquor provision; for enforcing a contravention of law involving putting, dropping and leaving litter on a public place.\n(sec.135-ssec.4) For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the police officer reasonably suspects the exercise of the power may be effective for the purpose— if the animal is pulling a vehicle—enter the vehicle and remain in it for the time reasonably necessary for the purpose; search anything on the animal or in the vehicle; photograph or film— the animal and anything on the animal; and if the animal is pulling a vehicle, the vehicle or anything in it; if the animal is pulling a vehicle, inspect, measure or test the vehicle or anything in it; take samples of anything on the animal or in the vehicle; seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision; copy a document in something on the animal or in the vehicle; move the vehicle’s load.\n(sec.135-ssec.5) In this section— in , for a vehicle, includes on the vehicle. liquor provision means any of the following provisions— the Liquor Act 1992 , section 168B , 168C , 169 or 171 ; the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 . monitor , a liquor provision, means check whether the provision is being complied with.\n- (a) for enforcing a transport Act;\n- (b) to check whether the vehicle the animal is pulling or the person in control of the animal is complying with a transport Act;\n- (c) for monitoring or enforcing a liquor provision;\n- (d) for enforcing a contravention of law involving putting, dropping and leaving litter on a public place.\n- (a) if the animal is pulling a vehicle—enter the vehicle and remain in it for the time reasonably necessary for the purpose;\n- (b) search anything on the animal or in the vehicle;\n- (c) photograph or film— (i) the animal and anything on the animal; and (ii) if the animal is pulling a vehicle, the vehicle or anything in it;\n- (i) the animal and anything on the animal; and\n- (ii) if the animal is pulling a vehicle, the vehicle or anything in it;\n- (d) if the animal is pulling a vehicle, inspect, measure or test the vehicle or anything in it;\n- (e) take samples of anything on the animal or in the vehicle;\n- (f) seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;\n- (g) copy a document in something on the animal or in the vehicle;\n- (h) move the vehicle’s load.\n- (i) the animal and anything on the animal; and\n- (ii) if the animal is pulling a vehicle, the vehicle or anything in it;\n- (a) the Liquor Act 1992 , section 168B , 168C , 169 or 171 ;\n- (b) the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 .","sortOrder":369},{"sectionNumber":"sec.136","sectionType":"section","heading":"Power to enable effective and safe exercise of other powers","content":"### sec.136 Power to enable effective and safe exercise of other powers\n\nA police officer may require the person in control of an animal pulling a vehicle to give the officer reasonable help to enable the officer to effectively exercise a power under this part in relation to the animal or vehicle.\nAlso, a police officer may require the person in control of an animal pulling a vehicle, or a person who is on or has just left the animal or is in or on or has just left the vehicle, to do or not to do anything the police officer reasonably believes is necessary—\nto enable the police officer to safely exercise a power under a transport Act in relation to the animal or vehicle; or\nto preserve the safety of the police officer, the person or other persons.\nA person must comply with a requirement under subsection (1) or (2) , unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —60 penalty units.\ns 136 ins 2006 No. 26 s 25\n(sec.136-ssec.1) A police officer may require the person in control of an animal pulling a vehicle to give the officer reasonable help to enable the officer to effectively exercise a power under this part in relation to the animal or vehicle.\n(sec.136-ssec.2) Also, a police officer may require the person in control of an animal pulling a vehicle, or a person who is on or has just left the animal or is in or on or has just left the vehicle, to do or not to do anything the police officer reasonably believes is necessary— to enable the police officer to safely exercise a power under a transport Act in relation to the animal or vehicle; or to preserve the safety of the police officer, the person or other persons.\n(sec.136-ssec.3) A person must comply with a requirement under subsection (1) or (2) , unless the person has a reasonable excuse. Maximum penalty for subsection (3) —60 penalty units.\n- (a) to enable the police officer to safely exercise a power under a transport Act in relation to the animal or vehicle; or\n- (b) to preserve the safety of the police officer, the person or other persons.","sortOrder":370},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Removal powers for animals","content":"# Removal powers for animals","sortOrder":371},{"sectionNumber":"sec.137","sectionType":"section","heading":"Removal of animals from roads and other places","content":"### sec.137 Removal of animals from roads and other places\n\nA police officer may, in prescribed circumstances, seize and move an animal, or arrange for it to be moved, to another place for safe keeping.\nIn the prescribed circumstances mentioned in section 138 (c) , (d) or (e) , the police officer may instead move the animal, or arrange for it to be moved, to another place where it can be located by the person in charge of the animal.\nSubsections (1) and (2) do not prevent the person in charge of the animal taking possession of it, with the consent of the police officer, before or while it is being moved.\ns 137 amd 2005 No. 64 s 3 sch\n(sec.137-ssec.1) A police officer may, in prescribed circumstances, seize and move an animal, or arrange for it to be moved, to another place for safe keeping.\n(sec.137-ssec.2) In the prescribed circumstances mentioned in section 138 (c) , (d) or (e) , the police officer may instead move the animal, or arrange for it to be moved, to another place where it can be located by the person in charge of the animal.\n(sec.137-ssec.3) Subsections (1) and (2) do not prevent the person in charge of the animal taking possession of it, with the consent of the police officer, before or while it is being moved.","sortOrder":372},{"sectionNumber":"sec.138","sectionType":"section","heading":"Prescribed circumstances for removing animals","content":"### sec.138 Prescribed circumstances for removing animals\n\nThe prescribed circumstances for removal of animals are as follows—\nthe person in charge of an animal has been arrested;\na police officer reasonably suspects the person who was last in charge of an animal has abandoned it;\na police officer—\nreasonably suspects an animal has been involved in a relevant vehicle incident; and\nreasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident;\na police officer reasonably suspects an animal has been left on a road unattended, temporarily or otherwise, and because of the time for which it has been left unattended, the way it has been left unattended, or the place, condition, or circumstances in which it has been left unattended, its presence on the road—\nmay be dangerous to others; or\nmay prevent or hinder the lawful use by others of the road or a part of the road;\na police officer reasonably suspects an animal has been left in circumstances that are an offence against any of the following Acts and the person in charge of the animal can not be easily located or fails to comply with a direction of the police officer to move the animal immediately—\nthe Road Use Management Act\nthe Brisbane Forest Park Act 1977\nthe Recreation Areas Management Act 2006\nthe Nature Conservation Act 1992 ;\na police officer reasonably suspects—\na contravention of an Act has happened; and\nthe contravention involves an animal; and\nit is necessary to take steps to protect the animal.\ns 138 amd 2005 No. 64 s 3 sch ; 2006 No. 20 s 253 (amd 2007 No. 56 s 46 )\n- (a) the person in charge of an animal has been arrested;\n- (b) a police officer reasonably suspects the person who was last in charge of an animal has abandoned it;\n- (c) a police officer— (i) reasonably suspects an animal has been involved in a relevant vehicle incident; and (ii) reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident;\n- (i) reasonably suspects an animal has been involved in a relevant vehicle incident; and\n- (ii) reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident;\n- (d) a police officer reasonably suspects an animal has been left on a road unattended, temporarily or otherwise, and because of the time for which it has been left unattended, the way it has been left unattended, or the place, condition, or circumstances in which it has been left unattended, its presence on the road— (i) may be dangerous to others; or (ii) may prevent or hinder the lawful use by others of the road or a part of the road;\n- (i) may be dangerous to others; or\n- (ii) may prevent or hinder the lawful use by others of the road or a part of the road;\n- (e) a police officer reasonably suspects an animal has been left in circumstances that are an offence against any of the following Acts and the person in charge of the animal can not be easily located or fails to comply with a direction of the police officer to move the animal immediately— • the Road Use Management Act • the Brisbane Forest Park Act 1977 • the Recreation Areas Management Act 2006 • the Nature Conservation Act 1992 ;\n- • the Road Use Management Act\n- • the Brisbane Forest Park Act 1977\n- • the Recreation Areas Management Act 2006\n- • the Nature Conservation Act 1992 ;\n- (f) a police officer reasonably suspects— (i) a contravention of an Act has happened; and (ii) the contravention involves an animal; and (iii) it is necessary to take steps to protect the animal.\n- (i) a contravention of an Act has happened; and\n- (ii) the contravention involves an animal; and\n- (iii) it is necessary to take steps to protect the animal.\n- (i) reasonably suspects an animal has been involved in a relevant vehicle incident; and\n- (ii) reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident;\n- (i) may be dangerous to others; or\n- (ii) may prevent or hinder the lawful use by others of the road or a part of the road;\n- • the Road Use Management Act\n- • the Brisbane Forest Park Act 1977\n- • the Recreation Areas Management Act 2006\n- • the Nature Conservation Act 1992 ;\n- (i) a contravention of an Act has happened; and\n- (ii) the contravention involves an animal; and\n- (iii) it is necessary to take steps to protect the animal.","sortOrder":373},{"sectionNumber":"sec.139","sectionType":"section","heading":"Steps after seizing animal","content":"### sec.139 Steps after seizing animal\n\nAs soon as practicable, but within 14 days after seizing and moving an animal under this part, the police officer who seized it must give or arrange for another police officer to give to the owner, if known, a notice stating—\nhow the owner may recover the animal; and\nthat, before the animal may be recovered, the person—\nmay be required to produce satisfactory evidence of the ownership of the animal; and\nmust pay the costs of removing and keeping the animal.\nIf practicable, the notice must be given to the owner personally.\nIf it is not practicable to comply with subsection (2) , the notice may be published on the police service website.\nA requirement under this Act to return the animal applies subject to section 140 .\ns 139 amd 2005 No. 64 s 3 sch ; 2014 No. 1 s 9\n(sec.139-ssec.1) As soon as practicable, but within 14 days after seizing and moving an animal under this part, the police officer who seized it must give or arrange for another police officer to give to the owner, if known, a notice stating— how the owner may recover the animal; and that, before the animal may be recovered, the person— may be required to produce satisfactory evidence of the ownership of the animal; and must pay the costs of removing and keeping the animal.\n(sec.139-ssec.2) If practicable, the notice must be given to the owner personally.\n(sec.139-ssec.3) If it is not practicable to comply with subsection (2) , the notice may be published on the police service website.\n(sec.139-ssec.4) A requirement under this Act to return the animal applies subject to section 140 .\n- (a) how the owner may recover the animal; and\n- (b) that, before the animal may be recovered, the person— (i) may be required to produce satisfactory evidence of the ownership of the animal; and (ii) must pay the costs of removing and keeping the animal.\n- (i) may be required to produce satisfactory evidence of the ownership of the animal; and\n- (ii) must pay the costs of removing and keeping the animal.\n- (i) may be required to produce satisfactory evidence of the ownership of the animal; and\n- (ii) must pay the costs of removing and keeping the animal.","sortOrder":374},{"sectionNumber":"sec.140","sectionType":"section","heading":"Recovery of seized animal","content":"### sec.140 Recovery of seized animal\n\nIf, within 1 month after notice of the seizure of an animal under this part is given, the owner does not recover the animal, the commissioner may sell the animal and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\nNotice of the proposed sale must be published on the police service website.\ns 140 amd 2005 No. 64 s 3 sch ; 2014 No. 1 s 10\n(sec.140-ssec.1) If, within 1 month after notice of the seizure of an animal under this part is given, the owner does not recover the animal, the commissioner may sell the animal and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\n(sec.140-ssec.2) Notice of the proposed sale must be published on the police service website.","sortOrder":375},{"sectionNumber":"sec.141","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.141 Application of proceeds of sale\n\nThe proceeds of the sale of an animal under section 140 must be applied in the following order—\nin payment of the expenses of the sale;\nin payment of the cost of seizing and keeping the animal and giving notice of its seizure;\nif there is an amount owing to an entity under a security interest registered for the animal under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nin payment of any balance to the owner.\nCompensation is not recoverable against the State for a payment under this section.\ns 141 amd 2005 No. 64 s 3 sch ; 2010 No. 44 s 193\n(sec.141-ssec.1) The proceeds of the sale of an animal under section 140 must be applied in the following order— in payment of the expenses of the sale; in payment of the cost of seizing and keeping the animal and giving notice of its seizure; if there is an amount owing to an entity under a security interest registered for the animal under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the owner.\n(sec.141-ssec.2) Compensation is not recoverable against the State for a payment under this section.\n- (a) in payment of the expenses of the sale;\n- (b) in payment of the cost of seizing and keeping the animal and giving notice of its seizure;\n- (c) if there is an amount owing to an entity under a security interest registered for the animal under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (d) in payment of any balance to the owner.","sortOrder":376},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Animal welfare directions","content":"# Animal welfare directions","sortOrder":377},{"sectionNumber":"sec.142","sectionType":"section","heading":"Application of pt 5","content":"### sec.142 Application of pt 5\n\nThis part applies if a police officer reasonably suspects—\na person has committed, is committing or is about to commit, an animal welfare offence; or\nan animal—\nis not being cared for properly; or\nis experiencing undue pain; or\nrequires veterinary treatment; or\nshould not be used for work.\nA horse with ‘saddle sore’ should not be used by a riding school.\nThis part also applies if an animal has been seized under section 146 (2) (d) .\nIn this section—\nanimal means an animal under the Animal Care and Protection Act .\nveterinary treatment , of an animal, means—\nconsulting with a veterinary surgeon about the animal’s condition; or\na medical or surgical procedure performed on the animal by a veterinary surgeon; or\na medical procedure of a curative or preventive nature performed on the animal by someone other than a veterinary surgeon if the procedure is performed under a veterinary surgeon’s directions.\ns 142 ins 2001 No. 64 s 226\namd 2002 No. 33 s 7 ; 2004 No. 53 s 2 sch ; 2005 No. 64 s 3 sch\n(sec.142-ssec.1) This part applies if a police officer reasonably suspects— a person has committed, is committing or is about to commit, an animal welfare offence; or an animal— is not being cared for properly; or is experiencing undue pain; or requires veterinary treatment; or should not be used for work. A horse with ‘saddle sore’ should not be used by a riding school.\n(sec.142-ssec.2) This part also applies if an animal has been seized under section 146 (2) (d) .\n(sec.142-ssec.3) In this section— animal means an animal under the Animal Care and Protection Act . veterinary treatment , of an animal, means— consulting with a veterinary surgeon about the animal’s condition; or a medical or surgical procedure performed on the animal by a veterinary surgeon; or a medical procedure of a curative or preventive nature performed on the animal by someone other than a veterinary surgeon if the procedure is performed under a veterinary surgeon’s directions.\n- (a) a person has committed, is committing or is about to commit, an animal welfare offence; or\n- (b) an animal— (i) is not being cared for properly; or (ii) is experiencing undue pain; or (iii) requires veterinary treatment; or (iv) should not be used for work. Example for subparagraph (iv) — A horse with ‘saddle sore’ should not be used by a riding school.\n- (i) is not being cared for properly; or\n- (ii) is experiencing undue pain; or\n- (iii) requires veterinary treatment; or\n- (iv) should not be used for work. Example for subparagraph (iv) — A horse with ‘saddle sore’ should not be used by a riding school.\n- (i) is not being cared for properly; or\n- (ii) is experiencing undue pain; or\n- (iii) requires veterinary treatment; or\n- (iv) should not be used for work. Example for subparagraph (iv) — A horse with ‘saddle sore’ should not be used by a riding school.\n- (a) consulting with a veterinary surgeon about the animal’s condition; or\n- (b) a medical or surgical procedure performed on the animal by a veterinary surgeon; or\n- (c) a medical procedure of a curative or preventive nature performed on the animal by someone other than a veterinary surgeon if the procedure is performed under a veterinary surgeon’s directions.","sortOrder":378},{"sectionNumber":"sec.143","sectionType":"section","heading":"Power to give animal welfare direction","content":"### sec.143 Power to give animal welfare direction\n\nThe police officer may give a written direction (an animal welfare direction ) requiring stated action about the animal or its environment.\nSee the Animal Care and Protection Act , section 161 (Failure to comply with animal welfare direction) and the schedule, definition animal welfare direction .\nThe direction may be given to—\na person in charge of the animal; or\na person whom the police officer reasonably suspects is a person in charge of the animal; or\nif the animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) —\na person who, immediately before the seizure, was a person in charge of the animal; or\na person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal.\nAlso, the direction may be given to a person who holds a mortgage or other security interest in the animal only if the person has taken a step to enforce the mortgage or other security interest.\nWithout limiting subsection (1) , the direction may require any of the following action to be taken—\ncare for, or treat, the animal in a stated way;\nprovide the animal with stated accommodation, food, rest, water or other living conditions;\nconsult a veterinary surgeon about the animal’s condition before a stated time;\nmove the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ;\nnot to move the animal from the place where it is situated when the direction is given.\nHowever, action may be required only if the police officer considers it to be necessary and reasonable in the interests of the animal’s welfare.\nThe direction may state how the person given the direction may show that the stated action has been taken.\ns 143 ins 2001 No. 64 s 226\namd 2003 No. 82 s 88 sch ; 2004 No. 27 s 28 ; 2005 No. 64 s 15\n(sec.143-ssec.1) The police officer may give a written direction (an animal welfare direction ) requiring stated action about the animal or its environment. See the Animal Care and Protection Act , section 161 (Failure to comply with animal welfare direction) and the schedule, definition animal welfare direction .\n(sec.143-ssec.2) The direction may be given to— a person in charge of the animal; or a person whom the police officer reasonably suspects is a person in charge of the animal; or if the animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) — a person who, immediately before the seizure, was a person in charge of the animal; or a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal.\n(sec.143-ssec.3) Also, the direction may be given to a person who holds a mortgage or other security interest in the animal only if the person has taken a step to enforce the mortgage or other security interest.\n(sec.143-ssec.4) Without limiting subsection (1) , the direction may require any of the following action to be taken— care for, or treat, the animal in a stated way; provide the animal with stated accommodation, food, rest, water or other living conditions; consult a veterinary surgeon about the animal’s condition before a stated time; move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ; not to move the animal from the place where it is situated when the direction is given.\n(sec.143-ssec.5) However, action may be required only if the police officer considers it to be necessary and reasonable in the interests of the animal’s welfare.\n(sec.143-ssec.6) The direction may state how the person given the direction may show that the stated action has been taken.\n- (a) a person in charge of the animal; or\n- (b) a person whom the police officer reasonably suspects is a person in charge of the animal; or\n- (c) if the animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) — (i) a person who, immediately before the seizure, was a person in charge of the animal; or (ii) a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal.\n- (i) a person who, immediately before the seizure, was a person in charge of the animal; or\n- (ii) a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal.\n- (i) a person who, immediately before the seizure, was a person in charge of the animal; or\n- (ii) a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal.\n- (a) care for, or treat, the animal in a stated way;\n- (b) provide the animal with stated accommodation, food, rest, water or other living conditions;\n- (c) consult a veterinary surgeon about the animal’s condition before a stated time;\n- (d) move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ;\n- (e) not to move the animal from the place where it is situated when the direction is given.","sortOrder":379},{"sectionNumber":"sec.144","sectionType":"section","heading":"Requirements for giving animal welfare direction","content":"### sec.144 Requirements for giving animal welfare direction\n\nAn animal welfare direction must—\nbe in the approved form for an animal welfare direction under the Animal Care and Protection Act ; and\ndescribe—\nthe animal in a way that reasonably allows the person given the direction to identify it; or\nif the direction is given because the police officer reasonably suspects a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\nstate—\neach requirement; and\na time for the person to comply with each requirement; and\ninclude an information notice under the Animal Care and Protection Act about the decision to give the direction.\nDespite subsection (1) (a) , an animal welfare direction may be given orally if—\nthe police officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and\nfor any reason it is not practicable to immediately give the direction in the approved form; and\nthe police officer warns the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\nIf the direction is given orally, the police officer must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.\nAn animal welfare direction may state that a police officer proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction—\na vehicle of which the person is the person in control;\nanother place of which the person is the occupier.\ns 144 ins 2001 No. 64 s 226\n(sec.144-ssec.1) An animal welfare direction must— be in the approved form for an animal welfare direction under the Animal Care and Protection Act ; and describe— the animal in a way that reasonably allows the person given the direction to identify it; or if the direction is given because the police officer reasonably suspects a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and state— each requirement; and a time for the person to comply with each requirement; and include an information notice under the Animal Care and Protection Act about the decision to give the direction.\n(sec.144-ssec.2) Despite subsection (1) (a) , an animal welfare direction may be given orally if— the police officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and for any reason it is not practicable to immediately give the direction in the approved form; and the police officer warns the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\n(sec.144-ssec.3) If the direction is given orally, the police officer must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.\n(sec.144-ssec.4) An animal welfare direction may state that a police officer proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction— a vehicle of which the person is the person in control; another place of which the person is the occupier.\n- (a) be in the approved form for an animal welfare direction under the Animal Care and Protection Act ; and\n- (b) describe— (i) the animal in a way that reasonably allows the person given the direction to identify it; or (ii) if the direction is given because the police officer reasonably suspects a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\n- (i) the animal in a way that reasonably allows the person given the direction to identify it; or\n- (ii) if the direction is given because the police officer reasonably suspects a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\n- (c) state— (i) each requirement; and (ii) a time for the person to comply with each requirement; and\n- (i) each requirement; and\n- (ii) a time for the person to comply with each requirement; and\n- (d) include an information notice under the Animal Care and Protection Act about the decision to give the direction.\n- (i) the animal in a way that reasonably allows the person given the direction to identify it; or\n- (ii) if the direction is given because the police officer reasonably suspects a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and\n- (i) each requirement; and\n- (ii) a time for the person to comply with each requirement; and\n- (a) the police officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and\n- (b) for any reason it is not practicable to immediately give the direction in the approved form; and\n- (c) the police officer warns the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\n- (a) a vehicle of which the person is the person in control;\n- (b) another place of which the person is the occupier.","sortOrder":380},{"sectionNumber":"sec.145","sectionType":"section","heading":"Review and appeal for animal welfare direction","content":"### sec.145 Review and appeal for animal welfare direction\n\nIf an animal welfare direction has been given, the Animal Care and Protection Act , chapter 7 , part 4 , applies to the decision to give the direction as if—\nthe decision were an original decision under that Act; and\nthe person given the direction were, under that part, an interested person for the decision.\ns 145 ins 2001 No. 64 s 226\n- (a) the decision were an original decision under that Act; and\n- (b) the person given the direction were, under that part, an interested person for the decision.","sortOrder":381},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Other provisions about animals","content":"# Other provisions about animals","sortOrder":382},{"sectionNumber":"sec.146","sectionType":"section","heading":"Power in relation to offences involving animals","content":"### sec.146 Power in relation to offences involving animals\n\nThis section applies if—\na police officer reasonably suspects—\nan offence involving an animal has been, is being or is about to be committed at or involving a place; or\nan animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or\nthere is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or\nthe occupier of a place has been given an animal welfare direction under this Act or the Animal Care and Protection Act and—\nthe direction states a time or interval for a police officer to enter the place to check compliance with the direction; and\na police officer proposes to enter the place at the stated time or interval to check compliance with the direction.\nThe police officer may enter the place and do any of the following—\nsearch for and inspect—\nany animal; or\nany brand, mark, branding instrument, pliers or other device used to identify an animal;\nopen anything in the relevant place that is locked;\nseize anything the officer reasonably suspects is evidence of the commission of an offence involving an animal;\nseize an animal at the place if—\nthe police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or\nA prohibited event under the Animal Care and Protection Act is being conducted at the place.\nThe animal is being beaten or tortured.\nthe person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal;\nmuster, yard, detain, clip or otherwise deal with the animal;\ntake reasonable measures to relieve the pain of an animal at the place.\nfeeding, untethering or watering the animal\nAlso, the police officer may, for exercising powers under subsection (2) , stop—\ntravelling livestock; and\na vehicle apparently being used to transport animals; and\na vehicle apparently being used by someone accompanying the animals.\nIn this section—\nanimal includes livestock.\ns 146 amd 2001 No. 64 s 227 ; 2002 No. 49 s 37 sch\n(sec.146-ssec.1) This section applies if— a police officer reasonably suspects— an offence involving an animal has been, is being or is about to be committed at or involving a place; or an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or the occupier of a place has been given an animal welfare direction under this Act or the Animal Care and Protection Act and— the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and a police officer proposes to enter the place at the stated time or interval to check compliance with the direction.\n(sec.146-ssec.2) The police officer may enter the place and do any of the following— search for and inspect— any animal; or any brand, mark, branding instrument, pliers or other device used to identify an animal; open anything in the relevant place that is locked; seize anything the officer reasonably suspects is evidence of the commission of an offence involving an animal; seize an animal at the place if— the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or A prohibited event under the Animal Care and Protection Act is being conducted at the place. The animal is being beaten or tortured. the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal; muster, yard, detain, clip or otherwise deal with the animal; take reasonable measures to relieve the pain of an animal at the place. feeding, untethering or watering the animal\n(sec.146-ssec.3) Also, the police officer may, for exercising powers under subsection (2) , stop— travelling livestock; and a vehicle apparently being used to transport animals; and a vehicle apparently being used by someone accompanying the animals.\n(sec.146-ssec.4) In this section— animal includes livestock.\n- (a) a police officer reasonably suspects— (i) an offence involving an animal has been, is being or is about to be committed at or involving a place; or (ii) an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or (iii) there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or\n- (i) an offence involving an animal has been, is being or is about to be committed at or involving a place; or\n- (ii) an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or\n- (iii) there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or\n- (b) the occupier of a place has been given an animal welfare direction under this Act or the Animal Care and Protection Act and— (i) the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and (ii) a police officer proposes to enter the place at the stated time or interval to check compliance with the direction.\n- (i) the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and\n- (ii) a police officer proposes to enter the place at the stated time or interval to check compliance with the direction.\n- (i) an offence involving an animal has been, is being or is about to be committed at or involving a place; or\n- (ii) an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or\n- (iii) there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or\n- (i) the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and\n- (ii) a police officer proposes to enter the place at the stated time or interval to check compliance with the direction.\n- (a) search for and inspect— (i) any animal; or (ii) any brand, mark, branding instrument, pliers or other device used to identify an animal;\n- (i) any animal; or\n- (ii) any brand, mark, branding instrument, pliers or other device used to identify an animal;\n- (b) open anything in the relevant place that is locked;\n- (c) seize anything the officer reasonably suspects is evidence of the commission of an offence involving an animal;\n- (d) seize an animal at the place if— (i) the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or Examples of imminent risk of death or injury— 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. 2 The animal is being beaten or tortured. (ii) the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal;\n- (i) the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or Examples of imminent risk of death or injury— 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. 2 The animal is being beaten or tortured.\n- 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place.\n- 2 The animal is being beaten or tortured.\n- (ii) the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal;\n- (e) muster, yard, detain, clip or otherwise deal with the animal;\n- (f) take reasonable measures to relieve the pain of an animal at the place. Examples of measures— feeding, untethering or watering the animal\n- (i) any animal; or\n- (ii) any brand, mark, branding instrument, pliers or other device used to identify an animal;\n- (i) the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or Examples of imminent risk of death or injury— 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. 2 The animal is being beaten or tortured.\n- 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place.\n- 2 The animal is being beaten or tortured.\n- (ii) the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal;\n- 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place.\n- 2 The animal is being beaten or tortured.\n- (a) travelling livestock; and\n- (b) a vehicle apparently being used to transport animals; and\n- (c) a vehicle apparently being used by someone accompanying the animals.","sortOrder":383},{"sectionNumber":"sec.147","sectionType":"section","heading":"Powers to provide relief to animal","content":"### sec.147 Powers to provide relief to animal\n\nSubsection (2) applies if—\na police officer reasonably suspects—\nan animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and\nthe person in charge of the animal is not, or is apparently not, present at the place; and\nthe animal is not at a part of the place at which a person resides, or apparently resides.\nThe police officer may enter and stay at the place while it is reasonably necessary to provide the food or water or to disentangle the animal.\nA police officer may enter a vehicle if the officer reasonably suspects there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.\nIf a police officer enters a vehicle under subsection (3) , the officer may take reasonable measures to relieve the pain of an animal at the place.\nfeeding, untethering or watering the animal\nThis section does not limit section 146 .\ns 147 ins 2001 No. 64 s 228\namd 2014 No. 1 s 11\n(sec.147-ssec.1) Subsection (2) applies if— a police officer reasonably suspects— an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and the person in charge of the animal is not, or is apparently not, present at the place; and the animal is not at a part of the place at which a person resides, or apparently resides.\n(sec.147-ssec.2) The police officer may enter and stay at the place while it is reasonably necessary to provide the food or water or to disentangle the animal.\n(sec.147-ssec.3) A police officer may enter a vehicle if the officer reasonably suspects there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.\n(sec.147-ssec.4) If a police officer enters a vehicle under subsection (3) , the officer may take reasonable measures to relieve the pain of an animal at the place. feeding, untethering or watering the animal\n(sec.147-ssec.5) This section does not limit section 146 .\n- (a) a police officer reasonably suspects— (i) an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (i) an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and\n- (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (b) the animal is not at a part of the place at which a person resides, or apparently resides.\n- (i) an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and\n- (ii) the person in charge of the animal is not, or is apparently not, present at the place; and","sortOrder":384},{"sectionNumber":"sec.148","sectionType":"section","heading":"Power to destroy animal","content":"### sec.148 Power to destroy animal\n\nA police officer may destroy an animal, or cause it to be destroyed, if—\nthe animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) or the animal’s owner has given written consent to the destruction; and\nthe police officer reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.\ns 148 ins 2001 No. 64 s 228\namd 2004 No. 27 s 29\n- (a) the animal has been seized under section 137 (1) , 146 (2) (c) or (d) or 157 (1) (h) or the animal’s owner has given written consent to the destruction; and\n- (b) the police officer reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.","sortOrder":385},{"sectionNumber":"sec.149","sectionType":"section","heading":"Offence to interfere with seized animals","content":"### sec.149 Offence to interfere with seized animals\n\nThis section applies if an animal is seized under this Act.\nA person, other than a police officer or a person authorised by a police officer for the purpose, must not—\ninterfere with the animal; or\nenter or be on the place where the animal is being kept; or\nmove the animal from where it is being kept; or\nattempt to do anything mentioned in paragraph (a) , (b) or (c) ; or\nhave the animal in the person’s possession or under the person’s control.\nMaximum penalty—20 penalty units or 6 months imprisonment.\n(sec.149-ssec.1) This section applies if an animal is seized under this Act.\n(sec.149-ssec.2) A person, other than a police officer or a person authorised by a police officer for the purpose, must not— interfere with the animal; or enter or be on the place where the animal is being kept; or move the animal from where it is being kept; or attempt to do anything mentioned in paragraph (a) , (b) or (c) ; or have the animal in the person’s possession or under the person’s control. Maximum penalty—20 penalty units or 6 months imprisonment.\n- (a) interfere with the animal; or\n- (b) enter or be on the place where the animal is being kept; or\n- (c) move the animal from where it is being kept; or\n- (d) attempt to do anything mentioned in paragraph (a) , (b) or (c) ; or\n- (e) have the animal in the person’s possession or under the person’s control.","sortOrder":386},{"sectionNumber":"ch.7-pt.1A","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":387},{"sectionNumber":"sec.149A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.149A Definitions for chapter\n\nIn this chapter—\naccess information , for a digital device, means information necessary for a person to access or read device information from the device.\nuserid, username, passcode, password\ncontrol order property means anything under a person’s control that the person is prohibited from possessing under a control order or a registered corresponding control order under the Penalties and Sentences Act 1992 .\ns 149A def control order property (prev s 150AA def control order property ) ins 2016 No. 62 s 300 (2)\nreloc 2020 No. 7 s 28\ncrime scene threshold offence means—\nan indictable offence for which the maximum penalty is at least 4 years imprisonment; or\nan offence involving deprivation of liberty.\ns 149A def crime scene threshold offence ins 2022 No. 4 s 7\ndevice information , from a digital device, means—\ninformation stored on the device; or\ninformation accessed, communicated or distributed by using the device, including by using an application on the device.\nimages stored on a computer\nlocation data stored on or sent from a mobile phone\nemails or text messages sent from a smart phone\nmessages or videos distributed from a social media application on a tablet computer\ndigital device —\nmeans a device on which information may be stored or accessed electronically; and\nincludes a computer, memory stick, portable hard drive, smart phone and tablet computer.\nemployee includes a person who works under a contract for services.\ns 149A def employee (prev s 150AA def employee ) ins 2016 No. 62 s 300 (2)\nreloc 2020 No. 7 s 28\nissuer see section 150 (7) .\ns 149A def issuer (prev s 150AA def issuer ) ins 2016 No. 62 s 300 (2)\nreloc 2020 No. 7 s 28\nrelevant evidence means—\nevidence of the commission of an offence; or\nevidence that may be confiscation related evidence.\ns 149A def relevant evidence (prev s 150AA def relevant evidence ) ins 2016 No. 62 s 300 (2)\nreloc 2020 No. 7 s 28\nspecified person —\nA specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, or for which a crime scene is or was established, or that is otherwise lawfully seized under this Act and removed from a place, means any of the following persons—\na person reasonably suspected of having committed an offence in relation to which—\nthe search warrant is or was issued; or\nthe crime scene is or was established; or\nthe device was otherwise lawfully seized under this Act and removed from the place;\nthe owner of the device;\na person in possession of the device;\nan employee of the owner or person in possession of the device;\na person who uses or has used the device;\na person who is or was a system administrator for the computer network of which the device forms or formed a part.\nA person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.\nA person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.\ns 149A def specified person amd 2024 No. 45 s 133H\nwarrant evidence or property means the evidence or property mentioned in section 150 (1) for which a warrant is issued under section 151 .\ns 149A def warrant evidence or property (prev s 150AA def warrant evidence or property ) reloc 2020 No. 7 s 28\ns 149A ins 2020 No. 7 s 27\n- (a) an indictable offence for which the maximum penalty is at least 4 years imprisonment; or\n- (b) an offence involving deprivation of liberty.\n- (a) information stored on the device; or\n- (b) information accessed, communicated or distributed by using the device, including by using an application on the device.\n- • images stored on a computer\n- • location data stored on or sent from a mobile phone\n- • emails or text messages sent from a smart phone\n- • messages or videos distributed from a social media application on a tablet computer\n- (a) means a device on which information may be stored or accessed electronically; and\n- (b) includes a computer, memory stick, portable hard drive, smart phone and tablet computer.\n- (a) evidence of the commission of an offence; or\n- (b) evidence that may be confiscation related evidence.\n- 1 A specified person , in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, or for which a crime scene is or was established, or that is otherwise lawfully seized under this Act and removed from a place, means any of the following persons— (a) a person reasonably suspected of having committed an offence in relation to which— (i) the search warrant is or was issued; or (ii) the crime scene is or was established; or (iii) the device was otherwise lawfully seized under this Act and removed from the place; (b) the owner of the device; (c) a person in possession of the device; (d) an employee of the owner or person in possession of the device; (e) a person who uses or has used the device; (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.\n- (a) a person reasonably suspected of having committed an offence in relation to which— (i) the search warrant is or was issued; or (ii) the crime scene is or was established; or (iii) the device was otherwise lawfully seized under this Act and removed from the place;\n- (i) the search warrant is or was issued; or\n- (ii) the crime scene is or was established; or\n- (iii) the device was otherwise lawfully seized under this Act and removed from the place;\n- (b) the owner of the device;\n- (c) a person in possession of the device;\n- (d) an employee of the owner or person in possession of the device;\n- (e) a person who uses or has used the device;\n- (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.\n- 2 A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.\n- 3 A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.\n- (a) a person reasonably suspected of having committed an offence in relation to which— (i) the search warrant is or was issued; or (ii) the crime scene is or was established; or (iii) the device was otherwise lawfully seized under this Act and removed from the place;\n- (i) the search warrant is or was issued; or\n- (ii) the crime scene is or was established; or\n- (iii) the device was otherwise lawfully seized under this Act and removed from the place;\n- (b) the owner of the device;\n- (c) a person in possession of the device;\n- (d) an employee of the owner or person in possession of the device;\n- (e) a person who uses or has used the device;\n- (f) a person who is or was a system administrator for the computer network of which the device forms or formed a part.\n- (i) the search warrant is or was issued; or\n- (ii) the crime scene is or was established; or\n- (iii) the device was otherwise lawfully seized under this Act and removed from the place;","sortOrder":388},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Searching places with warrants","content":"# Searching places with warrants","sortOrder":389},{"sectionNumber":"sec.150AA","sectionType":"section","heading":null,"content":"### Section sec.150AA\n\ns 150AA def access information ins 2016 No. 62 s 300 (2)\ns 150AA def criminal organisation control order property om 2016 No. 62 s 300 (1)\ns 150AA def specified person ins 2016 No. 62 s 300 (2)\ns 150AA def storage device ins 2016 No. 62 s 300 (2)\ns 150AA def stored ins 2016 No. 62 s 300 (2)\ns 150AA ins 2009 No. 53 s 161\nom 2020 No. 7 s 29","sortOrder":390},{"sectionNumber":"sec.150","sectionType":"section","heading":"Search warrant application","content":"### sec.150 Search warrant application\n\nA police officer may apply for a warrant to enter and search a place (a search warrant )—\nto obtain evidence of the commission of an offence; or\nto obtain evidence that may be confiscation related evidence; or\nto find a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 ; or\nto find control order property; or\nif the place is premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—to find prohibited items at the place.\nThe application may be made to any justice, unless the application must be made to a magistrate or Supreme Court judge under subsection (3) or (4) .\nUnless the application must be made to a Supreme Court judge under subsection (4) , the application must be made to a magistrate if the thing to be sought under the proposed warrant is—\nevidence of the commission of an offence only because—\nit is a thing that may be liable to forfeiture or is forfeited; or\nit may be used in evidence for a forfeiture proceeding; or\nit is a property tracking document; or\nevidence of the commission of an indictable offence committed in another State that, if it were committed in Queensland, would be an indictable offence in Queensland; or\nconfiscation related evidence; or\ncontrol order property; or\nThe search may be for evidence for which an application for a restraining order may be made under chapter 2 or chapter 3 of the Confiscation Act .\na prohibited item.\nThe application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building.\nAn application under this section must—\nbe sworn and state the grounds on which the warrant is sought; and\ninclude information required under the responsibilities code about any search warrants issued within the previous year in relation to—\nfor an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or\nfor an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or\nfor another application—\nthe place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or\nthe confiscation related activity to which the application relates.\nSubsection (5) (b) applies only to—\ninformation kept in a register that the police officer may inspect; and\ninformation the officer otherwise actually knows.\nThe justice, magistrate or judge (the issuer ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.\nThe issuer may require additional information supporting the application to be given by statutory declaration.\ns 150 amd 2002 No. 68 s 318 ; 2005 No. 64 s 16 ; 2006 No. 26 s 3 sch 1 ; 2009 No. 53 s 162 ; 2013 No. 21 s 67 ; 2013 No. 45 s 61 ; 2013 No. 15 s 80 sch ; 2016 No. 62 ss 301 , 319\n(sec.150-ssec.1) A police officer may apply for a warrant to enter and search a place (a search warrant )— to obtain evidence of the commission of an offence; or to obtain evidence that may be confiscation related evidence; or to find a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 ; or to find control order property; or if the place is premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—to find prohibited items at the place.\n(sec.150-ssec.2) The application may be made to any justice, unless the application must be made to a magistrate or Supreme Court judge under subsection (3) or (4) .\n(sec.150-ssec.3) Unless the application must be made to a Supreme Court judge under subsection (4) , the application must be made to a magistrate if the thing to be sought under the proposed warrant is— evidence of the commission of an offence only because— it is a thing that may be liable to forfeiture or is forfeited; or it may be used in evidence for a forfeiture proceeding; or it is a property tracking document; or evidence of the commission of an indictable offence committed in another State that, if it were committed in Queensland, would be an indictable offence in Queensland; or confiscation related evidence; or control order property; or The search may be for evidence for which an application for a restraining order may be made under chapter 2 or chapter 3 of the Confiscation Act . a prohibited item.\n(sec.150-ssec.4) The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building.\n(sec.150-ssec.5) An application under this section must— be sworn and state the grounds on which the warrant is sought; and include information required under the responsibilities code about any search warrants issued within the previous year in relation to— for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or for another application— the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or the confiscation related activity to which the application relates.\n(sec.150-ssec.6) Subsection (5) (b) applies only to— information kept in a register that the police officer may inspect; and information the officer otherwise actually knows.\n(sec.150-ssec.7) The justice, magistrate or judge (the issuer ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration.\n- (a) to obtain evidence of the commission of an offence; or\n- (b) to obtain evidence that may be confiscation related evidence; or\n- (c) to find a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 ; or\n- (d) to find control order property; or\n- (e) if the place is premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—to find prohibited items at the place.\n- (a) evidence of the commission of an offence only because— (i) it is a thing that may be liable to forfeiture or is forfeited; or (ii) it may be used in evidence for a forfeiture proceeding; or (iii) it is a property tracking document; or\n- (i) it is a thing that may be liable to forfeiture or is forfeited; or\n- (ii) it may be used in evidence for a forfeiture proceeding; or\n- (iii) it is a property tracking document; or\n- (b) evidence of the commission of an indictable offence committed in another State that, if it were committed in Queensland, would be an indictable offence in Queensland; or\n- (c) confiscation related evidence; or\n- (d) control order property; or Example for paragraph (a) (ii) — The search may be for evidence for which an application for a restraining order may be made under chapter 2 or chapter 3 of the Confiscation Act .\n- (e) a prohibited item.\n- (i) it is a thing that may be liable to forfeiture or is forfeited; or\n- (ii) it may be used in evidence for a forfeiture proceeding; or\n- (iii) it is a property tracking document; or\n- (a) be sworn and state the grounds on which the warrant is sought; and\n- (b) include information required under the responsibilities code about any search warrants issued within the previous year in relation to— (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or (ii) for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or (iii) for another application— (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or (B) the confiscation related activity to which the application relates.\n- (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or\n- (ii) for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or\n- (iii) for another application— (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or (B) the confiscation related activity to which the application relates.\n- (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or\n- (B) the confiscation related activity to which the application relates.\n- (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or\n- (ii) for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or\n- (iii) for another application— (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or (B) the confiscation related activity to which the application relates.\n- (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or\n- (B) the confiscation related activity to which the application relates.\n- (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or\n- (B) the confiscation related activity to which the application relates.\n- (a) information kept in a register that the police officer may inspect; and\n- (b) information the officer otherwise actually knows.","sortOrder":391},{"sectionNumber":"sec.151","sectionType":"section","heading":"Issue of search warrant","content":"### sec.151 Issue of search warrant\n\nThe issuer may issue a search warrant only if satisfied—\nthere are reasonable grounds for suspecting the evidence or property mentioned in section 150 (1) (a) , (b) , (c) or (d) is—\nat the place; or\nlikely to be taken to the place within the next 72 hours; or\nthere are reasonable grounds for believing the prohibited items mentioned in section 150 (1) (e) are—\nat the place; or\nlikely to be taken to the place within the next 72 hours.\ns 151 amd 2002 No. 68 s 319 ; 2009 No. 53 s 163\nsub 2016 No. 62 s 320\n- (a) there are reasonable grounds for suspecting the evidence or property mentioned in section 150 (1) (a) , (b) , (c) or (d) is— (i) at the place; or (ii) likely to be taken to the place within the next 72 hours; or\n- (i) at the place; or\n- (ii) likely to be taken to the place within the next 72 hours; or\n- (b) there are reasonable grounds for believing the prohibited items mentioned in section 150 (1) (e) are— (i) at the place; or (ii) likely to be taken to the place within the next 72 hours.\n- (i) at the place; or\n- (ii) likely to be taken to the place within the next 72 hours.\n- (i) at the place; or\n- (ii) likely to be taken to the place within the next 72 hours; or\n- (i) at the place; or\n- (ii) likely to be taken to the place within the next 72 hours.","sortOrder":392},{"sectionNumber":"sec.152","sectionType":"section","heading":"If justice refuses application for search warrant","content":"### sec.152 If justice refuses application for search warrant\n\nIf a justice refuses to issue a warrant, the police officer may apply to a magistrate or a judge for the issue of the warrant.\nHowever, the police officer must tell the magistrate or judge that the application is made because a justice refused to issue a warrant.\nSubsection (1) does not apply if the justice who refuses the warrant is or has been a Supreme Court judge, a District Court judge or a magistrate.\n(sec.152-ssec.1) If a justice refuses to issue a warrant, the police officer may apply to a magistrate or a judge for the issue of the warrant.\n(sec.152-ssec.2) However, the police officer must tell the magistrate or judge that the application is made because a justice refused to issue a warrant.\n(sec.152-ssec.3) Subsection (1) does not apply if the justice who refuses the warrant is or has been a Supreme Court judge, a District Court judge or a magistrate.","sortOrder":393},{"sectionNumber":"sec.153","sectionType":"section","heading":"Order in search warrant about documents","content":"### sec.153 Order in search warrant about documents\n\nIf the issuer is a magistrate or a judge, the issuer may, in a search warrant, order the person in possession of documents at the place to give to the police officer all documents of a type stated in the warrant.\ns 153 amd 2006 No. 26 s 26 ; 2007 No. 1 s 11 sch 1","sortOrder":394},{"sectionNumber":"sec.154","sectionType":"section","heading":"Order in search warrant about device information from digital device","content":"### sec.154 Order in search warrant about device information from digital device\n\nIf the issuer is a magistrate or a judge, the issuer may, in a search warrant, order a specified person to do any of the following in relation to a digital device at the place—\ngive a police officer access to the device;\ngive a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device;\nallow a police officer to—\nuse access information for the device to gain access to device information from the device; or\nexamine device information from the device to find out whether the information may be relevant evidence; or\nmake a copy of device information from the device that may be relevant evidence, including by using another digital device; or\nconvert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a police officer.\nIf the issuer is a magistrate or a judge, the issuer may also, in the search warrant, order that a specified person is required to do a thing mentioned in subsection (1) (b) or (c) in relation to a digital device seized and removed from the place, after the device has been removed.\nAn order made under subsection (2) must state—\nthe time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (1) (b) ; and\nthe place where the specified person must provide the information or assistance; and\nany conditions to which the provision of the information or assistance is subject; and\nthat failure to comply with the order may be dealt with under the Criminal Code , section 205A .\ns 154 ins 2006 No. 26 s 27\namd 2016 No. 62 s 302 ; 2020 No. 7 s 30\n(sec.154-ssec.1) If the issuer is a magistrate or a judge, the issuer may, in a search warrant, order a specified person to do any of the following in relation to a digital device at the place— give a police officer access to the device; give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; allow a police officer to— use access information for the device to gain access to device information from the device; or examine device information from the device to find out whether the information may be relevant evidence; or make a copy of device information from the device that may be relevant evidence, including by using another digital device; or convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a police officer.\n(sec.154-ssec.2) If the issuer is a magistrate or a judge, the issuer may also, in the search warrant, order that a specified person is required to do a thing mentioned in subsection (1) (b) or (c) in relation to a digital device seized and removed from the place, after the device has been removed.\n(sec.154-ssec.3) An order made under subsection (2) must state— the time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A .\n- (a) give a police officer access to the device;\n- (b) give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device;\n- (c) allow a police officer to— (i) use access information for the device to gain access to device information from the device; or (ii) examine device information from the device to find out whether the information may be relevant evidence; or (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a police officer.\n- (i) use access information for the device to gain access to device information from the device; or\n- (ii) examine device information from the device to find out whether the information may be relevant evidence; or\n- (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or\n- (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a police officer.\n- (i) use access information for the device to gain access to device information from the device; or\n- (ii) examine device information from the device to find out whether the information may be relevant evidence; or\n- (iii) make a copy of device information from the device that may be relevant evidence, including by using another digital device; or\n- (iv) convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a police officer.\n- (a) the time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (1) (b) ; and\n- (b) the place where the specified person must provide the information or assistance; and\n- (c) any conditions to which the provision of the information or assistance is subject; and\n- (d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A .","sortOrder":395},{"sectionNumber":"sec.154A","sectionType":"section","heading":"Order after digital device has been seized","content":"### sec.154A Order after digital device has been seized\n\nThis section applies if—\na digital device is seized under a search warrant and removed from a place, and either—\nthe search warrant did not contain an order made under section 154 (1) or (2) ; or\nthe search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or\na digital device is otherwise lawfully seized under this Act, other than under section 176 (1) (j) , and removed from a place.\nOn the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154 (1) (b) or (c) .\nAn application made under subsection (2) —\nmay be made at any time after the digital device has been seized; and\nmust be made—\nif the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or\notherwise—to a magistrate.\nAn order made under subsection (2) must state—\nthe time at or by which the specified person must give a police officer the information or assistance mentioned in section 154 (1) (b) ; and\nthe place where the specified person must provide the information or assistance; and\nany conditions to which the provision of the information or assistance is subject; and\nthat failure to comply with the order may be dealt with under the Criminal Code , section 205A .\nA magistrate or a judge (the judicial officer ) may make an order under subsection (2) only if—\nfor a digital device seized under a search warrant issued by a magistrate or judge—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence; or\notherwise—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of—\na crime scene threshold offence; or\nan offence against any of the following sections of the Criminal Code —\nsection 223\nsection 227A\nsection 227B .\ns 154A ins 2016 No. 62 s 303\namd 2020 No. 7 s 31 ; 2022 No. 4 s 8\n(sec.154A-ssec.1) This section applies if— a digital device is seized under a search warrant and removed from a place, and either— the search warrant did not contain an order made under section 154 (1) or (2) ; or the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or a digital device is otherwise lawfully seized under this Act, other than under section 176 (1) (j) , and removed from a place.\n(sec.154A-ssec.2) On the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154 (1) (b) or (c) .\n(sec.154A-ssec.3) An application made under subsection (2) — may be made at any time after the digital device has been seized; and must be made— if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or otherwise—to a magistrate.\n(sec.154A-ssec.4) An order made under subsection (2) must state— the time at or by which the specified person must give a police officer the information or assistance mentioned in section 154 (1) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A .\n(sec.154A-ssec.5) A magistrate or a judge (the judicial officer ) may make an order under subsection (2) only if— for a digital device seized under a search warrant issued by a magistrate or judge—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence; or otherwise—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of— a crime scene threshold offence; or an offence against any of the following sections of the Criminal Code — section 223 section 227A section 227B .\n- (a) a digital device is seized under a search warrant and removed from a place, and either— (i) the search warrant did not contain an order made under section 154 (1) or (2) ; or (ii) the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or\n- (i) the search warrant did not contain an order made under section 154 (1) or (2) ; or\n- (ii) the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or\n- (b) a digital device is otherwise lawfully seized under this Act, other than under section 176 (1) (j) , and removed from a place.\n- (i) the search warrant did not contain an order made under section 154 (1) or (2) ; or\n- (ii) the search warrant contained an order made under section 154 (1) or (2) but further access information is required for a police officer to gain access to device information from the device that may be relevant evidence; or\n- (a) may be made at any time after the digital device has been seized; and\n- (b) must be made— (i) if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or (ii) otherwise—to a magistrate.\n- (i) if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or\n- (ii) otherwise—to a magistrate.\n- (i) if the digital device was seized under a search warrant issued by a Supreme Court judge—to a Supreme Court judge; or\n- (ii) otherwise—to a magistrate.\n- (a) the time at or by which the specified person must give a police officer the information or assistance mentioned in section 154 (1) (b) ; and\n- (b) the place where the specified person must provide the information or assistance; and\n- (c) any conditions to which the provision of the information or assistance is subject; and\n- (d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A .\n- (a) for a digital device seized under a search warrant issued by a magistrate or judge—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be relevant evidence; or\n- (b) otherwise—the judicial officer is satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of— (i) a crime scene threshold offence; or (ii) an offence against any of the following sections of the Criminal Code — • section 223 • section 227A • section 227B .\n- (i) a crime scene threshold offence; or\n- (ii) an offence against any of the following sections of the Criminal Code — • section 223 • section 227A • section 227B .\n- • section 223\n- • section 227A\n- • section 227B .\n- (i) a crime scene threshold offence; or\n- (ii) an offence against any of the following sections of the Criminal Code — • section 223 • section 227A • section 227B .\n- • section 223\n- • section 227A\n- • section 227B .\n- • section 223\n- • section 227A\n- • section 227B .","sortOrder":396},{"sectionNumber":"sec.154B","sectionType":"section","heading":"Compliance with order about device information from digital device","content":"### sec.154B Compliance with order about device information from digital device\n\nA person is not excused from complying with an order made under section 154 (1) or (2) or 154A (2) on the basis that complying with the order might tend to incriminate the person or expose the person to a penalty.\ns 154B ins 2016 No. 62 s 303\namd 2020 No. 7 s 32","sortOrder":397},{"sectionNumber":"sec.155","sectionType":"section","heading":"When search warrant ends","content":"### sec.155 When search warrant ends\n\nA search warrant issued because there are reasonable grounds for suspecting there is warrant evidence or property at a place ends—\nif the search warrant is for stock, whether or not it is also for anything else—21 days after it is issued; or\notherwise—7 days after it is issued.\nA search warrant issued because there are reasonable grounds for suspecting warrant evidence or property is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued.\ns 155 amd 2002 No. 68 s 320 ; 2009 No. 53 s 164 ; 2014 No. 13 s 21\n(sec.155-ssec.1) A search warrant issued because there are reasonable grounds for suspecting there is warrant evidence or property at a place ends— if the search warrant is for stock, whether or not it is also for anything else—21 days after it is issued; or otherwise—7 days after it is issued.\n(sec.155-ssec.2) A search warrant issued because there are reasonable grounds for suspecting warrant evidence or property is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued.\n- (a) if the search warrant is for stock, whether or not it is also for anything else—21 days after it is issued; or\n- (b) otherwise—7 days after it is issued.","sortOrder":398},{"sectionNumber":"sec.156","sectionType":"section","heading":"What search warrant must state","content":"### sec.156 What search warrant must state\n\nA search warrant must state—\na police officer may exercise search warrant powers under the warrant; and\nif the warrant is issued in relation to—\nan offence—brief particulars of the offence for which the warrant is issued; or\na forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or\na confiscation related activity—brief particulars of the activity; or\na vehicle that is or is to be impounded or immobilised under chapter 4 or 22 —brief particulars of the authorisation to impound or immobilise; or\ncontrol order property—brief details of the control order or registered corresponding control order under the Penalties and Sentences Act 1992 ; or\npremises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—brief details of the disorderly activities; and\nthe warrant evidence or property that may be seized under the warrant; and\nif the warrant is to be executed at night, the hours when the place may be entered; and\nthe day and time the warrant ends.\nIf the warrant relates to an offence and the offence has been, is being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it, the warrant may also state that a police officer may search anyone or anything in or on or about to board, or to be put in or on, the vehicle.\nIf a magistrate or a judge makes an order under section 153 or 154 (1) or (2) , the warrant must also state that failure to comply with the order may be dealt with under—\nfor section 153 —the Criminal Code , section 205 ; or\nfor section 154 (1) or (2) —the Criminal Code , section 205A .\ns 156 amd 2002 No. 68 s 321 ; 2006 No. 26 s 28 ; 2009 No. 53 s 165 ; 2013 No. 45 s 62 ; 2013 No. 15 s 80 sch ; 2016 No. 62 ss 304 , 321 ; 2020 No. 7 s 33\n(sec.156-ssec.1) A search warrant must state— a police officer may exercise search warrant powers under the warrant; and if the warrant is issued in relation to— an offence—brief particulars of the offence for which the warrant is issued; or a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or a confiscation related activity—brief particulars of the activity; or a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 —brief particulars of the authorisation to impound or immobilise; or control order property—brief details of the control order or registered corresponding control order under the Penalties and Sentences Act 1992 ; or premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—brief details of the disorderly activities; and the warrant evidence or property that may be seized under the warrant; and if the warrant is to be executed at night, the hours when the place may be entered; and the day and time the warrant ends.\n(sec.156-ssec.2) If the warrant relates to an offence and the offence has been, is being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it, the warrant may also state that a police officer may search anyone or anything in or on or about to board, or to be put in or on, the vehicle.\n(sec.156-ssec.3) If a magistrate or a judge makes an order under section 153 or 154 (1) or (2) , the warrant must also state that failure to comply with the order may be dealt with under— for section 153 —the Criminal Code , section 205 ; or for section 154 (1) or (2) —the Criminal Code , section 205A .\n- (a) a police officer may exercise search warrant powers under the warrant; and\n- (b) if the warrant is issued in relation to— (i) an offence—brief particulars of the offence for which the warrant is issued; or (ii) a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or (iii) a confiscation related activity—brief particulars of the activity; or (iv) a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 —brief particulars of the authorisation to impound or immobilise; or (v) control order property—brief details of the control order or registered corresponding control order under the Penalties and Sentences Act 1992 ; or (vi) premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—brief details of the disorderly activities; and\n- (i) an offence—brief particulars of the offence for which the warrant is issued; or\n- (ii) a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or\n- (iii) a confiscation related activity—brief particulars of the activity; or\n- (iv) a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 —brief particulars of the authorisation to impound or immobilise; or\n- (v) control order property—brief details of the control order or registered corresponding control order under the Penalties and Sentences Act 1992 ; or\n- (vi) premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—brief details of the disorderly activities; and\n- (c) the warrant evidence or property that may be seized under the warrant; and\n- (d) if the warrant is to be executed at night, the hours when the place may be entered; and\n- (e) the day and time the warrant ends.\n- (i) an offence—brief particulars of the offence for which the warrant is issued; or\n- (ii) a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or\n- (iii) a confiscation related activity—brief particulars of the activity; or\n- (iv) a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 —brief particulars of the authorisation to impound or immobilise; or\n- (v) control order property—brief details of the control order or registered corresponding control order under the Penalties and Sentences Act 1992 ; or\n- (vi) premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—brief details of the disorderly activities; and\n- (a) for section 153 —the Criminal Code , section 205 ; or\n- (b) for section 154 (1) or (2) —the Criminal Code , section 205A .","sortOrder":399},{"sectionNumber":"sec.157","sectionType":"section","heading":"Powers under search warrant","content":"### sec.157 Powers under search warrant\n\nA police officer may lawfully exercise the following powers under a search warrant ( search warrant powers )—\npower to enter the place stated in the warrant (the relevant place ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section;\npower to pass over, through, along or under another place to enter the relevant place;\npower to search the relevant place for anything sought under the warrant;\npower to open anything in the relevant place that is locked;\npower to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant;\nif the warrant relates to an offence and the police officer reasonably suspects a person on the relevant place has been involved in the commission of the offence, power to detain the person for the time taken to search the place;\npower to dig up land;\npower to seize a thing found at the relevant place, or on a person found at the relevant place, that the police officer reasonably suspects may be warrant evidence or property to which the warrant relates;\npower to muster, hold and inspect any animal the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates;\npower to photograph anything the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates, whether or not the thing is seized under the warrant;\npower to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for warrant evidence or property;\nif the police officer is searching for stock—power to use any equipment, cut out camps, stockyards, dips, dams, ramps, troughs and other facilities on the place being searched that are reasonably needed to be used in the management of stock.\nAlso, a police officer has the following powers if authorised under a search warrant (also search warrant powers )—\npower to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person;\npower to do whichever of the following is authorised—\nto search anyone or anything in or on or about to board, or be put in or on, a transport vehicle;\nto take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\nPower to do anything at the relevant place that may cause structural damage to a building, may be exercised only if the warrant—\nauthorises the exercise of the power; and\nis issued by a Supreme Court judge.\ns 157 amd 2002 No. 68 s 322 ; 2004 No. 53 s 2 sch ; 2006 No. 26 s 29 ; 2009 No. 53 s 166 ; 2014 No. 13 s 22\n(sec.157-ssec.1) A police officer may lawfully exercise the following powers under a search warrant ( search warrant powers )— power to enter the place stated in the warrant (the relevant place ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section; power to pass over, through, along or under another place to enter the relevant place; power to search the relevant place for anything sought under the warrant; power to open anything in the relevant place that is locked; power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant; if the warrant relates to an offence and the police officer reasonably suspects a person on the relevant place has been involved in the commission of the offence, power to detain the person for the time taken to search the place; power to dig up land; power to seize a thing found at the relevant place, or on a person found at the relevant place, that the police officer reasonably suspects may be warrant evidence or property to which the warrant relates; power to muster, hold and inspect any animal the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates; power to photograph anything the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates, whether or not the thing is seized under the warrant; power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for warrant evidence or property; if the police officer is searching for stock—power to use any equipment, cut out camps, stockyards, dips, dams, ramps, troughs and other facilities on the place being searched that are reasonably needed to be used in the management of stock.\n(sec.157-ssec.2) Also, a police officer has the following powers if authorised under a search warrant (also search warrant powers )— power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person; power to do whichever of the following is authorised— to search anyone or anything in or on or about to board, or be put in or on, a transport vehicle; to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n(sec.157-ssec.3) Power to do anything at the relevant place that may cause structural damage to a building, may be exercised only if the warrant— authorises the exercise of the power; and is issued by a Supreme Court judge.\n- (a) power to enter the place stated in the warrant (the relevant place ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section;\n- (b) power to pass over, through, along or under another place to enter the relevant place;\n- (c) power to search the relevant place for anything sought under the warrant;\n- (d) power to open anything in the relevant place that is locked;\n- (e) power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant;\n- (f) if the warrant relates to an offence and the police officer reasonably suspects a person on the relevant place has been involved in the commission of the offence, power to detain the person for the time taken to search the place;\n- (g) power to dig up land;\n- (h) power to seize a thing found at the relevant place, or on a person found at the relevant place, that the police officer reasonably suspects may be warrant evidence or property to which the warrant relates;\n- (i) power to muster, hold and inspect any animal the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates;\n- (j) power to photograph anything the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates, whether or not the thing is seized under the warrant;\n- (k) power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for warrant evidence or property;\n- (l) if the police officer is searching for stock—power to use any equipment, cut out camps, stockyards, dips, dams, ramps, troughs and other facilities on the place being searched that are reasonably needed to be used in the management of stock.\n- (a) power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person;\n- (b) power to do whichever of the following is authorised— (i) to search anyone or anything in or on or about to board, or be put in or on, a transport vehicle; (ii) to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n- (i) to search anyone or anything in or on or about to board, or be put in or on, a transport vehicle;\n- (ii) to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n- (i) to search anyone or anything in or on or about to board, or be put in or on, a transport vehicle;\n- (ii) to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.\n- (a) authorises the exercise of the power; and\n- (b) is issued by a Supreme Court judge.","sortOrder":400},{"sectionNumber":"sec.158","sectionType":"section","heading":"Copy of search warrant to be given to occupier","content":"### sec.158 Copy of search warrant to be given to occupier\n\nIf a police officer executes a search warrant for a place that is occupied, the police officer must—\nif the occupier is present at the place—give to the occupier a copy of the warrant and a statement in the approved form summarising the person’s rights and obligations under the warrant; or\nif the occupier is not present—leave the copy in a conspicuous place.\nIf the police officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the police officer may delay complying with subsection (1) , but only for so long as—\nthe police officer continues to have the reasonable suspicion; and\nthat police officer or another police officer involved in the investigation remains in the vicinity of the place to keep the place under observation.\n(sec.158-ssec.1) If a police officer executes a search warrant for a place that is occupied, the police officer must— if the occupier is present at the place—give to the occupier a copy of the warrant and a statement in the approved form summarising the person’s rights and obligations under the warrant; or if the occupier is not present—leave the copy in a conspicuous place.\n(sec.158-ssec.2) If the police officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the police officer may delay complying with subsection (1) , but only for so long as— the police officer continues to have the reasonable suspicion; and that police officer or another police officer involved in the investigation remains in the vicinity of the place to keep the place under observation.\n- (a) if the occupier is present at the place—give to the occupier a copy of the warrant and a statement in the approved form summarising the person’s rights and obligations under the warrant; or\n- (b) if the occupier is not present—leave the copy in a conspicuous place.\n- (a) the police officer continues to have the reasonable suspicion; and\n- (b) that police officer or another police officer involved in the investigation remains in the vicinity of the place to keep the place under observation.","sortOrder":401},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Search of place to prevent loss of evidence","content":"# Search of place to prevent loss of evidence","sortOrder":402},{"sectionNumber":"sec.159","sectionType":"section","heading":"Application of pt 2","content":"### sec.159 Application of pt 2\n\nThis part applies only in relation to the following offences (a part 2 offence )—\nan indictable offence;\nan offence involving gaming or betting;\nan offence against any of the following Acts—\nConfiscation Act\nExplosives Act 1999\nNature Conservation Act 1992\nWeapons Act 1990 ;\nan offence against the Liquor Act 1992 , section 168B or 168C .\ns 159 amd 2002 No. 68 s 323 ; 2008 No. 30 s 49\n- (a) an indictable offence;\n- (b) an offence involving gaming or betting;\n- (c) an offence against any of the following Acts— • Confiscation Act • Explosives Act 1999 • Nature Conservation Act 1992 • Weapons Act 1990 ;\n- • Confiscation Act\n- • Explosives Act 1999\n- • Nature Conservation Act 1992\n- • Weapons Act 1990 ;\n- (d) an offence against the Liquor Act 1992 , section 168B or 168C .\n- • Confiscation Act\n- • Explosives Act 1999\n- • Nature Conservation Act 1992\n- • Weapons Act 1990 ;","sortOrder":403},{"sectionNumber":"sec.160","sectionType":"section","heading":"Search to prevent loss of evidence","content":"### sec.160 Search to prevent loss of evidence\n\nThis section applies if a police officer reasonably suspects—\na thing at or about a place, or in the possession of a person at or about a place is evidence of the commission of a part 2 offence; and\nthe evidence may be concealed or destroyed unless the place is immediately entered and searched.\nThis section also applies if a police officer reasonably suspects a part 2 offence has been, is being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it.\nA police officer may enter the place and exercise search warrant powers, other than power to do something that may cause structural damage to a building, at the place as if they were conferred under a search warrant.\n(sec.160-ssec.1) This section applies if a police officer reasonably suspects— a thing at or about a place, or in the possession of a person at or about a place is evidence of the commission of a part 2 offence; and the evidence may be concealed or destroyed unless the place is immediately entered and searched.\n(sec.160-ssec.2) This section also applies if a police officer reasonably suspects a part 2 offence has been, is being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it.\n(sec.160-ssec.3) A police officer may enter the place and exercise search warrant powers, other than power to do something that may cause structural damage to a building, at the place as if they were conferred under a search warrant.\n- (a) a thing at or about a place, or in the possession of a person at or about a place is evidence of the commission of a part 2 offence; and\n- (b) the evidence may be concealed or destroyed unless the place is immediately entered and searched.","sortOrder":404},{"sectionNumber":"sec.161","sectionType":"section","heading":"Post-search approval","content":"### sec.161 Post-search approval\n\nAs soon as reasonably practicable after exercising powers under section 160 , the police officer must apply to a magistrate in writing for an order approving the search ( post-search approval order ).\nThe application must be sworn and state the grounds on which it is sought.\nThe applicant need not appear at the consideration of the application, unless the magistrate otherwise requires.\nThe magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.161-ssec.1) As soon as reasonably practicable after exercising powers under section 160 , the police officer must apply to a magistrate in writing for an order approving the search ( post-search approval order ).\n(sec.161-ssec.2) The application must be sworn and state the grounds on which it is sought.\n(sec.161-ssec.3) The applicant need not appear at the consideration of the application, unless the magistrate otherwise requires.\n(sec.161-ssec.4) The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":405},{"sectionNumber":"sec.162","sectionType":"section","heading":"Making of post-search approval order","content":"### sec.162 Making of post-search approval order\n\nThe magistrate may make a post-search approval order only if satisfied—\nin the circumstances existing before the search—\nthe police officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and\nthere was a reasonable likelihood that the evidence would be concealed or destroyed or may have caused injury to a person; or\nhaving regard to the nature of the evidence found during the search it is in the public interest to make the order.\nThe magistrate may also make an order under section 693 or 694 , whether or not a post-search approval order is made.\ns 162 amd 2000 No. 22 s 3 sch\n(sec.162-ssec.1) The magistrate may make a post-search approval order only if satisfied— in the circumstances existing before the search— the police officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and there was a reasonable likelihood that the evidence would be concealed or destroyed or may have caused injury to a person; or having regard to the nature of the evidence found during the search it is in the public interest to make the order.\n(sec.162-ssec.2) The magistrate may also make an order under section 693 or 694 , whether or not a post-search approval order is made.\n- (a) in the circumstances existing before the search— (i) the police officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and (ii) there was a reasonable likelihood that the evidence would be concealed or destroyed or may have caused injury to a person; or\n- (i) the police officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and\n- (ii) there was a reasonable likelihood that the evidence would be concealed or destroyed or may have caused injury to a person; or\n- (b) having regard to the nature of the evidence found during the search it is in the public interest to make the order.\n- (i) the police officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and\n- (ii) there was a reasonable likelihood that the evidence would be concealed or destroyed or may have caused injury to a person; or","sortOrder":406},{"sectionNumber":"sec.163","sectionType":"section","heading":"Appeal","content":"### sec.163 Appeal\n\nWithin 28 days after either of the following happens, the commissioner may appeal against the order to the Supreme Court—\na magistrate refuses to make a post-search approval order;\na magistrate makes an order under section 162 (2) .\nIf the police officer appeals, the police officer must retain the thing seized until the appeal is decided.\nThe court may make an order under section 693 or 694 whether or not the appeal is upheld.\ns 163 amd 2000 No. 22 s 3 sch\n(sec.163-ssec.1) Within 28 days after either of the following happens, the commissioner may appeal against the order to the Supreme Court— a magistrate refuses to make a post-search approval order; a magistrate makes an order under section 162 (2) .\n(sec.163-ssec.2) If the police officer appeals, the police officer must retain the thing seized until the appeal is decided.\n(sec.163-ssec.3) The court may make an order under section 693 or 694 whether or not the appeal is upheld.\n- (a) a magistrate refuses to make a post-search approval order;\n- (b) a magistrate makes an order under section 162 (2) .","sortOrder":407},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Crime scenes","content":"# Crime scenes","sortOrder":408},{"sectionNumber":"ch.7-pt.3-div.1AA","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":409},{"sectionNumber":"sec.163A","sectionType":"section","heading":"Definitions for part","content":"### sec.163A Definitions for part\n\nIn this part—\ncrime scene see section 163B .\ncrime scene threshold offence ...\ns 163A def crime scene threshold offence om 2022 No. 4 s 9\nresponsible officer see section 165 (1) .\ns 163A ins 2018 No. 20 s 23","sortOrder":410},{"sectionNumber":"sec.163B","sectionType":"section","heading":"What is a crime scene","content":"### sec.163B What is a crime scene\n\nA place is a crime scene if—\neither of the following apply—\na crime scene threshold offence happened at the place;\nthere may be evidence at the place, of a significant probative value, of the commission of a crime scene threshold offence that happened at another place; and\nit is necessary to protect the place for the time reasonably necessary to search for and gather evidence of the commission of the crime scene threshold offence.\ns 163B ins 2018 No. 20 s 23\n- (a) either of the following apply— (i) a crime scene threshold offence happened at the place; (ii) there may be evidence at the place, of a significant probative value, of the commission of a crime scene threshold offence that happened at another place; and\n- (i) a crime scene threshold offence happened at the place;\n- (ii) there may be evidence at the place, of a significant probative value, of the commission of a crime scene threshold offence that happened at another place; and\n- (b) it is necessary to protect the place for the time reasonably necessary to search for and gather evidence of the commission of the crime scene threshold offence.\n- (i) a crime scene threshold offence happened at the place;\n- (ii) there may be evidence at the place, of a significant probative value, of the commission of a crime scene threshold offence that happened at another place; and","sortOrder":411},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Establishment of crime scenes","content":"## Establishment of crime scenes","sortOrder":412},{"sectionNumber":"sec.164","sectionType":"section","heading":"Gaining access to crime scenes","content":"### sec.164 Gaining access to crime scenes\n\nIt is lawful for a police officer—\nto enter a place to reach another place that the police officer reasonably suspects is a crime scene; and\nto enter a place that the police officer reasonably suspects is a crime scene and stay on the place for the time reasonably necessary to decide whether or not to establish a crime scene.\nWhat is a reasonable time for subsection (1) (b) will depend on the particular circumstances including—\nthe nature of any information obtained or any observation made that suggests the place is a crime scene; and\nvisible evidence that will help decide whether it is a crime scene; and\nany preliminary inspection of the place.\ns 164 amd 2018 No. 20 s 24\n(sec.164-ssec.1) It is lawful for a police officer— to enter a place to reach another place that the police officer reasonably suspects is a crime scene; and to enter a place that the police officer reasonably suspects is a crime scene and stay on the place for the time reasonably necessary to decide whether or not to establish a crime scene.\n(sec.164-ssec.2) What is a reasonable time for subsection (1) (b) will depend on the particular circumstances including— the nature of any information obtained or any observation made that suggests the place is a crime scene; and visible evidence that will help decide whether it is a crime scene; and any preliminary inspection of the place.\n- (a) to enter a place to reach another place that the police officer reasonably suspects is a crime scene; and\n- (b) to enter a place that the police officer reasonably suspects is a crime scene and stay on the place for the time reasonably necessary to decide whether or not to establish a crime scene.\n- (a) the nature of any information obtained or any observation made that suggests the place is a crime scene; and\n- (b) visible evidence that will help decide whether it is a crime scene; and\n- (c) any preliminary inspection of the place.","sortOrder":413},{"sectionNumber":"sec.165","sectionType":"section","heading":"Initial establishment of crime scene","content":"### sec.165 Initial establishment of crime scene\n\nIf a police officer enters a place that may be a crime scene, or is lawfully at a place, and decides the place is a crime scene, the police officer (the responsible officer ) may establish a crime scene and exercise crime scene powers at the place.\nFor crime scene powers, see division 3 .\nIf another police officer assumes control of the crime scene, that police officer becomes the responsible officer instead of the other officer.\nThe responsible officer may establish the crime scene in any way that gives anyone wanting to enter the place enough notice that the place is a crime scene.\nA police officer may stand at a door to stop people entering a building and tell them they can not enter the building.\nA police officer may put around a place barricades or tapes indicating the place is a crime scene.\nA police officer may display a written notice stating the place is a crime scene and unauthorised entry is prohibited.\ns 165 amd 2006 No. 26 s 3 sch 1\n(sec.165-ssec.1) If a police officer enters a place that may be a crime scene, or is lawfully at a place, and decides the place is a crime scene, the police officer (the responsible officer ) may establish a crime scene and exercise crime scene powers at the place. For crime scene powers, see division 3 .\n(sec.165-ssec.2) If another police officer assumes control of the crime scene, that police officer becomes the responsible officer instead of the other officer.\n(sec.165-ssec.3) The responsible officer may establish the crime scene in any way that gives anyone wanting to enter the place enough notice that the place is a crime scene. A police officer may stand at a door to stop people entering a building and tell them they can not enter the building. A police officer may put around a place barricades or tapes indicating the place is a crime scene. A police officer may display a written notice stating the place is a crime scene and unauthorised entry is prohibited.\n- 1 A police officer may stand at a door to stop people entering a building and tell them they can not enter the building.\n- 2 A police officer may put around a place barricades or tapes indicating the place is a crime scene.\n- 3 A police officer may display a written notice stating the place is a crime scene and unauthorised entry is prohibited.","sortOrder":414},{"sectionNumber":"sec.166","sectionType":"section","heading":"Responsibility after establishing crime scene","content":"### sec.166 Responsibility after establishing crime scene\n\nAs soon as reasonably practicable after the responsible officer establishes the crime scene, a police officer must apply to a Supreme Court judge or magistrate for a crime scene warrant.\nFor provisions about crime scene warrants, see division 2 .\nSubsection (1) does not apply if the place is a public place.\nHowever, if the place is a public place only while it is ordinarily open to the public and the occupier of the place requires a police officer at the place to leave the place, the police officer may apply under division 2 for a crime scene warrant.\nThe application must be made to a Supreme Court judge for a crime scene warrant if it is intended to do something that may cause structural damage to a building.\nSubsection (4) applies whether or not a magistrate has issued a crime scene warrant for the place.\nIf a judge or magistrate refuses to issue a crime scene warrant for the place, the place stops being a crime scene.\n(sec.166-ssec.1) As soon as reasonably practicable after the responsible officer establishes the crime scene, a police officer must apply to a Supreme Court judge or magistrate for a crime scene warrant. For provisions about crime scene warrants, see division 2 .\n(sec.166-ssec.2) Subsection (1) does not apply if the place is a public place.\n(sec.166-ssec.3) However, if the place is a public place only while it is ordinarily open to the public and the occupier of the place requires a police officer at the place to leave the place, the police officer may apply under division 2 for a crime scene warrant.\n(sec.166-ssec.4) The application must be made to a Supreme Court judge for a crime scene warrant if it is intended to do something that may cause structural damage to a building.\n(sec.166-ssec.5) Subsection (4) applies whether or not a magistrate has issued a crime scene warrant for the place.\n(sec.166-ssec.6) If a judge or magistrate refuses to issue a crime scene warrant for the place, the place stops being a crime scene.","sortOrder":415},{"sectionNumber":"sec.167","sectionType":"section","heading":"Deciding limits of crime scene","content":"### sec.167 Deciding limits of crime scene\n\nThe responsible officer at a crime scene must—\nidentify what is the crime scene; and\ndecide the boundaries necessary to protect the crime scene; and\nmark the limits of the crime scene in a way that sufficiently identifies it to the public as a crime scene.\nIt may be necessary to establish a buffer zone around the crime scene.\n- (a) identify what is the crime scene; and\n- (b) decide the boundaries necessary to protect the crime scene; and\n- (c) mark the limits of the crime scene in a way that sufficiently identifies it to the public as a crime scene. Example for paragraph (b) — It may be necessary to establish a buffer zone around the crime scene.","sortOrder":416},{"sectionNumber":"sec.168","sectionType":"section","heading":"Restricting access to crime scene","content":"### sec.168 Restricting access to crime scene\n\nThe responsible officer must immediately take the steps the officer considers to be reasonably necessary to protect anything at the crime scene from being damaged, interfered with or destroyed, including for example, steps necessary—\nto ensure people, including police officers, whose presence at the crime scene is not essential do not enter the crime scene; and\nto prevent unnecessary movement inside the boundaries of the crime scene; and\nto establish a safe walking area in the crime scene for reducing the risk of damage to any evidence that may be on the place.\nAlso, a person, other than the responsible officer, must not enter a crime scene unless—\nthe person has a special reason, associated with the investigation, for entering the crime scene; or\nthe person is a police officer who is asked to enter the crime scene by the responsible officer or an investigating police officer; or\nthe person is an authorised assistant; or\nthe presence of the person is necessary to preserve life or property at a crime scene; or\nthe person is authorised to enter by the responsible officer.\na police officer removing someone from the crime scene who should not be there\na police officer investigating the offence\na person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation\nFor subsection (2) (e) , the responsible officer may authorise the entry subject to stated requirements.\nThe responsible officer must ensure a record is made of the name of each person who is present when the crime scene is established or enters it after it is established, when each person entered the place after it is established, and the purpose of the entry.\ns 168 amd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.168-ssec.1) The responsible officer must immediately take the steps the officer considers to be reasonably necessary to protect anything at the crime scene from being damaged, interfered with or destroyed, including for example, steps necessary— to ensure people, including police officers, whose presence at the crime scene is not essential do not enter the crime scene; and to prevent unnecessary movement inside the boundaries of the crime scene; and to establish a safe walking area in the crime scene for reducing the risk of damage to any evidence that may be on the place.\n(sec.168-ssec.2) Also, a person, other than the responsible officer, must not enter a crime scene unless— the person has a special reason, associated with the investigation, for entering the crime scene; or the person is a police officer who is asked to enter the crime scene by the responsible officer or an investigating police officer; or the person is an authorised assistant; or the presence of the person is necessary to preserve life or property at a crime scene; or the person is authorised to enter by the responsible officer. a police officer removing someone from the crime scene who should not be there a police officer investigating the offence a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation\n(sec.168-ssec.3) For subsection (2) (e) , the responsible officer may authorise the entry subject to stated requirements.\n(sec.168-ssec.4) The responsible officer must ensure a record is made of the name of each person who is present when the crime scene is established or enters it after it is established, when each person entered the place after it is established, and the purpose of the entry.\n- (a) to ensure people, including police officers, whose presence at the crime scene is not essential do not enter the crime scene; and\n- (b) to prevent unnecessary movement inside the boundaries of the crime scene; and\n- (c) to establish a safe walking area in the crime scene for reducing the risk of damage to any evidence that may be on the place.\n- (a) the person has a special reason, associated with the investigation, for entering the crime scene; or\n- (b) the person is a police officer who is asked to enter the crime scene by the responsible officer or an investigating police officer; or\n- (c) the person is an authorised assistant; or\n- (d) the presence of the person is necessary to preserve life or property at a crime scene; or\n- (e) the person is authorised to enter by the responsible officer.\n- 1 a police officer removing someone from the crime scene who should not be there\n- 2 a police officer investigating the offence\n- 3 a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation","sortOrder":417},{"sectionNumber":"sec.169","sectionType":"section","heading":"Preserving evidence at crime scene","content":"### sec.169 Preserving evidence at crime scene\n\nThe responsible officer at a crime scene must ensure that nothing in the crime scene is unnecessarily touched or moved—\nuntil all necessary forensic and technical examinations are finished; or\nunless there is a possibility that the thing could be damaged, interfered with or destroyed if it is not moved.\nif the arrival of the investigator, or an authorised assistant or specialist officer will be delayed and the scene is exposed to the weather\nif falling or threatened rain may damage fingerprints that may be on a knife left on the ground\n- (a) until all necessary forensic and technical examinations are finished; or\n- (b) unless there is a possibility that the thing could be damaged, interfered with or destroyed if it is not moved. Examples of when evidence may be damaged or destroyed if a thing is not moved— 1 if the arrival of the investigator, or an authorised assistant or specialist officer will be delayed and the scene is exposed to the weather 2 if falling or threatened rain may damage fingerprints that may be on a knife left on the ground\n- 1 if the arrival of the investigator, or an authorised assistant or specialist officer will be delayed and the scene is exposed to the weather\n- 2 if falling or threatened rain may damage fingerprints that may be on a knife left on the ground\n- 1 if the arrival of the investigator, or an authorised assistant or specialist officer will be delayed and the scene is exposed to the weather\n- 2 if falling or threatened rain may damage fingerprints that may be on a knife left on the ground","sortOrder":418},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Crime scene warrants","content":"## Crime scene warrants","sortOrder":419},{"sectionNumber":"sec.170","sectionType":"section","heading":"Application for crime scene warrant","content":"### sec.170 Application for crime scene warrant\n\nA police officer may apply to a Supreme Court judge or a magistrate for a warrant (a crime scene warrant ) to establish a crime scene at a place.\nThe application must be sworn and state the grounds on which it is sought.\nThe occupier of the place must, if reasonably practicable, be given notice of the making of the application.\nSubsection (3) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation of the offence to which the application relates.\nIf present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer ), but not submissions that will unduly delay the consideration of the application.\nThe issuer may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.\nThe issuer may require additional information supporting the application to be given by statutory declaration.\n(sec.170-ssec.1) A police officer may apply to a Supreme Court judge or a magistrate for a warrant (a crime scene warrant ) to establish a crime scene at a place.\n(sec.170-ssec.2) The application must be sworn and state the grounds on which it is sought.\n(sec.170-ssec.3) The occupier of the place must, if reasonably practicable, be given notice of the making of the application.\n(sec.170-ssec.4) Subsection (3) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation of the offence to which the application relates.\n(sec.170-ssec.5) If present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer ), but not submissions that will unduly delay the consideration of the application.\n(sec.170-ssec.6) The issuer may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration.","sortOrder":420},{"sectionNumber":"sec.171","sectionType":"section","heading":"Consideration of application and issue of crime scene warrant","content":"### sec.171 Consideration of application and issue of crime scene warrant\n\nBefore issuing a crime scene warrant, the issuer must have regard to the following—\nthe nature and seriousness of the suspected offence;\nthe likely extent of interference to be caused to the occupier of the place;\nthe time, of not more than 7 days, for which it is reasonable to maintain a crime scene;\nany submissions made by the occupier.\nThe issuer may issue a crime scene warrant only if reasonably satisfied the place is a crime scene.\nIf before the application is considered, the place stops being a crime scene, the issuer may issue a crime scene warrant that has effect only for the time the place was a crime scene.\n(sec.171-ssec.1) Before issuing a crime scene warrant, the issuer must have regard to the following— the nature and seriousness of the suspected offence; the likely extent of interference to be caused to the occupier of the place; the time, of not more than 7 days, for which it is reasonable to maintain a crime scene; any submissions made by the occupier.\n(sec.171-ssec.2) The issuer may issue a crime scene warrant only if reasonably satisfied the place is a crime scene.\n(sec.171-ssec.3) If before the application is considered, the place stops being a crime scene, the issuer may issue a crime scene warrant that has effect only for the time the place was a crime scene.\n- (a) the nature and seriousness of the suspected offence;\n- (b) the likely extent of interference to be caused to the occupier of the place;\n- (c) the time, of not more than 7 days, for which it is reasonable to maintain a crime scene;\n- (d) any submissions made by the occupier.","sortOrder":421},{"sectionNumber":"sec.172","sectionType":"section","heading":"What crime scene warrant must state","content":"### sec.172 What crime scene warrant must state\n\nA crime scene warrant must state—\nthat a stated police officer may establish a crime scene at the place and exercise crime scene powers at the place; and\nthe day, not more than 7 days after the warrant is issued, the warrant ends, unless extended under section 173 (2) .\nIf the issuer is a Supreme Court judge, the warrant must state whether or not a police officer may, under the warrant, do something that may cause structural damage to a building.\n(sec.172-ssec.1) A crime scene warrant must state— that a stated police officer may establish a crime scene at the place and exercise crime scene powers at the place; and the day, not more than 7 days after the warrant is issued, the warrant ends, unless extended under section 173 (2) .\n(sec.172-ssec.2) If the issuer is a Supreme Court judge, the warrant must state whether or not a police officer may, under the warrant, do something that may cause structural damage to a building.\n- (a) that a stated police officer may establish a crime scene at the place and exercise crime scene powers at the place; and\n- (b) the day, not more than 7 days after the warrant is issued, the warrant ends, unless extended under section 173 (2) .","sortOrder":422},{"sectionNumber":"sec.172A","sectionType":"section","heading":null,"content":"### Section sec.172A\n\ns 172A ins 2000 No. 22 s 8\nom 2005 No. 45 s 12","sortOrder":423},{"sectionNumber":"sec.173","sectionType":"section","heading":"Duration, extension and review of crime scene warrant","content":"### sec.173 Duration, extension and review of crime scene warrant\n\nA crime scene warrant stops having effect on the day fixed under the warrant or a later time fixed under subsection (2) .\nThe issuer may, on the application of a police officer made before a crime scene warrant stops having effect, extend the warrant for a stated reasonable time of not more than 7 days.\n(sec.173-ssec.1) A crime scene warrant stops having effect on the day fixed under the warrant or a later time fixed under subsection (2) .\n(sec.173-ssec.2) The issuer may, on the application of a police officer made before a crime scene warrant stops having effect, extend the warrant for a stated reasonable time of not more than 7 days.","sortOrder":424},{"sectionNumber":"sec.174","sectionType":"section","heading":"Review of crime scene warrant","content":"### sec.174 Review of crime scene warrant\n\nIf an application for a crime scene warrant was made in the absence, and without the knowledge, of the occupier of the place or the occupier had a genuine reason for not being present, the occupier may apply to the issuer for an order revoking the warrant.\nThe issuer may revoke or refuse to revoke the warrant.\nThe making of an application under subsection (1) or the Judicial Review Act 1991 for review of the warrant’s issue does not stay the effect of the warrant.\n(sec.174-ssec.1) If an application for a crime scene warrant was made in the absence, and without the knowledge, of the occupier of the place or the occupier had a genuine reason for not being present, the occupier may apply to the issuer for an order revoking the warrant.\n(sec.174-ssec.2) The issuer may revoke or refuse to revoke the warrant.\n(sec.174-ssec.3) The making of an application under subsection (1) or the Judicial Review Act 1991 for review of the warrant’s issue does not stay the effect of the warrant.","sortOrder":425},{"sectionNumber":"sec.175","sectionType":"section","heading":"Copy of crime scene warrant to be given to occupier","content":"### sec.175 Copy of crime scene warrant to be given to occupier\n\nIf a police officer exercises powers under a crime scene warrant for a place that is occupied, the police officer must give to the occupier a copy of the warrant and a statement in the approved form summarising the person’s rights and obligations under the warrant.\nIf the occupier is not present, the police officer must leave the copy in a conspicuous place.\n(sec.175-ssec.1) If a police officer exercises powers under a crime scene warrant for a place that is occupied, the police officer must give to the occupier a copy of the warrant and a statement in the approved form summarising the person’s rights and obligations under the warrant.\n(sec.175-ssec.2) If the occupier is not present, the police officer must leave the copy in a conspicuous place.","sortOrder":426},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":"Powers at crime scenes","content":"## Powers at crime scenes","sortOrder":427},{"sectionNumber":"sec.176","sectionType":"section","heading":"Powers at crime scene","content":"### sec.176 Powers at crime scene\n\nThe responsible officer at a crime scene, or a police officer acting under the direction of the responsible officer, may do any of the following in relation to the crime scene—\nenter the crime scene;\nif reasonably necessary, enter another place to gain access to the crime scene;\nperform any necessary investigation, including, for example, a search and inspection of the crime scene and anything in it to obtain evidence of the commission of an offence;\nopen anything at the crime scene that is locked;\ntake electricity for use at the crime scene;\ndig up anything at the crime scene;\nremove wall or ceiling linings or floors of a building, or panels or fittings of a vehicle;\nremove or cause to be removed an obstruction from the crime scene;\nphotograph the crime scene and anything in it;\nseize all or part of a thing that may provide evidence of the commission of an offence.\nIt may be necessary to seize and remove a vehicle for scientific examination to obtain evidence that may be in the vehicle.\nHowever, if it is necessary to do anything at the place that may cause structural damage to a building, the thing must not be done unless a Supreme Court judge issues a crime scene warrant for the place before the thing is done and the warrant authorises the doing of the thing.\nAn authorised assistant at a crime scene may also do a thing mentioned in subsection (1) .\nHowever, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene—\nenter the crime scene;\nif reasonably necessary, enter another place to gain access to the crime scene.\n(sec.176-ssec.1) The responsible officer at a crime scene, or a police officer acting under the direction of the responsible officer, may do any of the following in relation to the crime scene— enter the crime scene; if reasonably necessary, enter another place to gain access to the crime scene; perform any necessary investigation, including, for example, a search and inspection of the crime scene and anything in it to obtain evidence of the commission of an offence; open anything at the crime scene that is locked; take electricity for use at the crime scene; dig up anything at the crime scene; remove wall or ceiling linings or floors of a building, or panels or fittings of a vehicle; remove or cause to be removed an obstruction from the crime scene; photograph the crime scene and anything in it; seize all or part of a thing that may provide evidence of the commission of an offence. It may be necessary to seize and remove a vehicle for scientific examination to obtain evidence that may be in the vehicle.\n(sec.176-ssec.2) However, if it is necessary to do anything at the place that may cause structural damage to a building, the thing must not be done unless a Supreme Court judge issues a crime scene warrant for the place before the thing is done and the warrant authorises the doing of the thing.\n(sec.176-ssec.3) An authorised assistant at a crime scene may also do a thing mentioned in subsection (1) .\n(sec.176-ssec.4) However, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene— enter the crime scene; if reasonably necessary, enter another place to gain access to the crime scene.\n- (a) enter the crime scene;\n- (b) if reasonably necessary, enter another place to gain access to the crime scene;\n- (c) perform any necessary investigation, including, for example, a search and inspection of the crime scene and anything in it to obtain evidence of the commission of an offence;\n- (d) open anything at the crime scene that is locked;\n- (e) take electricity for use at the crime scene;\n- (f) dig up anything at the crime scene;\n- (g) remove wall or ceiling linings or floors of a building, or panels or fittings of a vehicle;\n- (h) remove or cause to be removed an obstruction from the crime scene;\n- (i) photograph the crime scene and anything in it;\n- (j) seize all or part of a thing that may provide evidence of the commission of an offence. Example for paragraph (j) — It may be necessary to seize and remove a vehicle for scientific examination to obtain evidence that may be in the vehicle.\n- (a) enter the crime scene;\n- (b) if reasonably necessary, enter another place to gain access to the crime scene.","sortOrder":428},{"sectionNumber":"sec.177","sectionType":"section","heading":"Powers of direction etc. at crime scene","content":"### sec.177 Powers of direction etc. at crime scene\n\nThe responsible officer or a police officer acting under the direction of the responsible officer may, at a crime scene, do any of the following—\ndirect a person to leave the crime scene or remove a vehicle or animal from the crime scene;\nremove or cause to be removed from the crime scene—\na person who fails to comply with a direction to leave the crime scene; or\na vehicle or animal a person fails to remove from the crime scene;\ndirect a person not to enter the crime scene;\nprevent a person from entering the crime scene;\nprevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person;\ndirect the occupier of the place or a person apparently in charge of the place to maintain a continuous supply of electricity at the place.\n- (a) direct a person to leave the crime scene or remove a vehicle or animal from the crime scene;\n- (b) remove or cause to be removed from the crime scene— (i) a person who fails to comply with a direction to leave the crime scene; or (ii) a vehicle or animal a person fails to remove from the crime scene;\n- (i) a person who fails to comply with a direction to leave the crime scene; or\n- (ii) a vehicle or animal a person fails to remove from the crime scene;\n- (c) direct a person not to enter the crime scene;\n- (d) prevent a person from entering the crime scene;\n- (e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person;\n- (f) direct the occupier of the place or a person apparently in charge of the place to maintain a continuous supply of electricity at the place.\n- (i) a person who fails to comply with a direction to leave the crime scene; or\n- (ii) a vehicle or animal a person fails to remove from the crime scene;","sortOrder":429},{"sectionNumber":"sec.178","sectionType":"section","heading":"Exercise of crime scene powers in public place","content":"### sec.178 Exercise of crime scene powers in public place\n\nIt is lawful for a police officer to exercise powers under sections 176 and 177 at a public place without a crime scene warrant.\nHowever, if—\nthe place is a public place only while it is ordinarily open to the public; and\nthe occupier of the place asks a police officer or an authorised assistant to leave the place;\nthe police officer or authorised assistant may, despite the request, continue to act under subsection (1) for the time reasonably necessary for an application for a crime scene warrant for the place to be made and decided.\nAn authorised assistant at a crime scene may also do a thing mentioned in section 176 (1) .\nHowever, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene—\nenter the crime scene;\nif reasonable necessary, enter another place to gain access to the crime scene.\n(sec.178-ssec.1) It is lawful for a police officer to exercise powers under sections 176 and 177 at a public place without a crime scene warrant.\n(sec.178-ssec.2) However, if— the place is a public place only while it is ordinarily open to the public; and the occupier of the place asks a police officer or an authorised assistant to leave the place; the police officer or authorised assistant may, despite the request, continue to act under subsection (1) for the time reasonably necessary for an application for a crime scene warrant for the place to be made and decided.\n(sec.178-ssec.3) An authorised assistant at a crime scene may also do a thing mentioned in section 176 (1) .\n(sec.178-ssec.4) However, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene— enter the crime scene; if reasonable necessary, enter another place to gain access to the crime scene.\n- (a) the place is a public place only while it is ordinarily open to the public; and\n- (b) the occupier of the place asks a police officer or an authorised assistant to leave the place;\n- (a) enter the crime scene;\n- (b) if reasonable necessary, enter another place to gain access to the crime scene.","sortOrder":430},{"sectionNumber":"sec.178A","sectionType":"section","heading":"Order about digital device at or seized from a crime scene","content":"### sec.178A Order about digital device at or seized from a crime scene\n\nOn the application of a police officer, a Supreme Court judge or a magistrate may make an order requiring a specified person to do a thing mentioned in subsection (2) in relation to a digital device—\nsituated at a crime scene; or\nseized from a crime scene under section 176 (1) (j) .\nThe specified person may be required to—\ngive a police officer access to the device; or\ngive a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or\nallow a police officer to—\nuse access information for the device to gain access to device information from the device; or\nexamine device information from the device to find out whether the information may be evidence of the commission of a crime scene threshold offence; or\nmake a copy of device information from the device that may be evidence of the commission of a crime scene threshold offence, including by using another digital device; or\nconvert device information from the device that may be evidence of the commission of a crime scene threshold offence into documentary form, or another form, that enables the information to be understood by a police officer.\nThe judge or magistrate may make the order only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of the commission of the offence for which the crime scene was, or is to be, established.\nThe order must state—\nthe time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (2) (b) ; and\nthe place where the specified person must provide the information or assistance; and\nany conditions to which the provision of the information or assistance is subject; and\nthat failure to comply with the order may be dealt with under the Criminal Code , section 205A .\nWithout limiting when the application for the order may be made, the application may be made at the same time the police officer applies for a crime scene warrant for the crime scene and the judge or magistrate may include the order in the crime scene warrant.\ns 178A ins 2018 No. 20 s 25\namd 2020 No. 7 s 34\n(sec.178A-ssec.1) On the application of a police officer, a Supreme Court judge or a magistrate may make an order requiring a specified person to do a thing mentioned in subsection (2) in relation to a digital device— situated at a crime scene; or seized from a crime scene under section 176 (1) (j) .\n(sec.178A-ssec.2) The specified person may be required to— give a police officer access to the device; or give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or allow a police officer to— use access information for the device to gain access to device information from the device; or examine device information from the device to find out whether the information may be evidence of the commission of a crime scene threshold offence; or make a copy of device information from the device that may be evidence of the commission of a crime scene threshold offence, including by using another digital device; or convert device information from the device that may be evidence of the commission of a crime scene threshold offence into documentary form, or another form, that enables the information to be understood by a police officer.\n(sec.178A-ssec.3) The judge or magistrate may make the order only if satisfied there are reasonable grounds for suspecting that device information from the digital device may be evidence of the commission of the offence for which the crime scene was, or is to be, established.\n(sec.178A-ssec.4) The order must state— the time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (2) (b) ; and the place where the specified person must provide the information or assistance; and any conditions to which the provision of the information or assistance is subject; and that failure to comply with the order may be dealt with under the Criminal Code , section 205A .\n(sec.178A-ssec.5) Without limiting when the application for the order may be made, the application may be made at the same time the police officer applies for a crime scene warrant for the crime scene and the judge or magistrate may include the order in the crime scene warrant.\n- (a) situated at a crime scene; or\n- (b) seized from a crime scene under section 176 (1) (j) .\n- (a) give a police officer access to the device; or\n- (b) give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or\n- (c) allow a police officer to— (i) use access information for the device to gain access to device information from the device; or (ii) examine device information from the device to find out whether the information may be evidence of the commission of a crime scene threshold offence; or (iii) make a copy of device information from the device that may be evidence of the commission of a crime scene threshold offence, including by using another digital device; or (iv) convert device information from the device that may be evidence of the commission of a crime scene threshold offence into documentary form, or another form, that enables the information to be understood by a police officer.\n- (i) use access information for the device to gain access to device information from the device; or\n- (ii) examine device information from the device to find out whether the information may be evidence of the commission of a crime scene threshold offence; or\n- (iii) make a copy of device information from the device that may be evidence of the commission of a crime scene threshold offence, including by using another digital device; or\n- (iv) convert device information from the device that may be evidence of the commission of a crime scene threshold offence into documentary form, or another form, that enables the information to be understood by a police officer.\n- (i) use access information for the device to gain access to device information from the device; or\n- (ii) examine device information from the device to find out whether the information may be evidence of the commission of a crime scene threshold offence; or\n- (iii) make a copy of device information from the device that may be evidence of the commission of a crime scene threshold offence, including by using another digital device; or\n- (iv) convert device information from the device that may be evidence of the commission of a crime scene threshold offence into documentary form, or another form, that enables the information to be understood by a police officer.\n- (a) the time at or by which the specified person must give a police officer the information or assistance mentioned in subsection (2) (b) ; and\n- (b) the place where the specified person must provide the information or assistance; and\n- (c) any conditions to which the provision of the information or assistance is subject; and\n- (d) that failure to comply with the order may be dealt with under the Criminal Code , section 205A .","sortOrder":431},{"sectionNumber":"sec.178B","sectionType":"section","heading":"Compliance with order about device information from digital device","content":"### sec.178B Compliance with order about device information from digital device\n\nA person is not excused from complying with an order made under section 178A (1) on the basis that complying with the order might tend to incriminate the person or expose the person to a penalty.\ns 178B ins 2018 No. 20 s 25\nsub 2020 No. 7 s 35","sortOrder":432},{"sectionNumber":"ch.7-pt.3-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":433},{"sectionNumber":"sec.179","sectionType":"section","heading":"Alternative accommodation to be provided in some cases","content":"### sec.179 Alternative accommodation to be provided in some cases\n\nThis section applies to the occupier of a dwelling if—\nthe occupier can not continue to live in the dwelling while the crime scene is established because of a direction given at a crime scene; or\nthe occupier can not continue to live in the dwelling because of damage caused to the dwelling in the exercise of powers under this part.\nA police officer must inform the occupier of the occupier’s right to suitable alternative accommodation for the time the occupier can not live in the dwelling.\nThe commissioner must arrange suitable alternative accommodation for the occupier for the time the occupier can not live in the dwelling, if requested to do so by the occupier.\nThe accommodation must, if reasonably practicable, be in the same locality as, and of at least a similar standard to, the occupier’s dwelling.\nThis section does not apply to an occupier who is detained in lawful custody.\ns 179 amd 2018 No. 20 s 26\n(sec.179-ssec.1) This section applies to the occupier of a dwelling if— the occupier can not continue to live in the dwelling while the crime scene is established because of a direction given at a crime scene; or the occupier can not continue to live in the dwelling because of damage caused to the dwelling in the exercise of powers under this part.\n(sec.179-ssec.1A) A police officer must inform the occupier of the occupier’s right to suitable alternative accommodation for the time the occupier can not live in the dwelling.\n(sec.179-ssec.2) The commissioner must arrange suitable alternative accommodation for the occupier for the time the occupier can not live in the dwelling, if requested to do so by the occupier.\n(sec.179-ssec.3) The accommodation must, if reasonably practicable, be in the same locality as, and of at least a similar standard to, the occupier’s dwelling.\n(sec.179-ssec.4) This section does not apply to an occupier who is detained in lawful custody.\n- (a) the occupier can not continue to live in the dwelling while the crime scene is established because of a direction given at a crime scene; or\n- (b) the occupier can not continue to live in the dwelling because of damage caused to the dwelling in the exercise of powers under this part.","sortOrder":434},{"sectionNumber":"ch.7-pt.3A","sectionType":"part","heading":"Searching places for high-risk missing persons","content":"# Searching places for high-risk missing persons","sortOrder":435},{"sectionNumber":"ch.7-pt.3A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":436},{"sectionNumber":"sec.179A","sectionType":"section","heading":"Definitions for part","content":"### sec.179A Definitions for part\n\nIn this part—\ncommissioned officer means a police officer of at least the rank of inspector.\nmissing person see section 179B .\nmissing person powers means the powers provided for in sections 179P and 179Q .\nmissing person scene means that part of a place in which missing person powers may be exercised.\nmissing person warrant see section 179J (1) .\nresidence , for a person, includes a place at which the person regularly sleeps.\nresponsible officer see section 179D .\ns 179A ins 2018 No. 20 s 27","sortOrder":437},{"sectionNumber":"sec.179B","sectionType":"section","heading":"Who is a missing person","content":"### sec.179B Who is a missing person\n\nA person is a missing person if—\nanother person fears for the safety of the person, or is concerned for the welfare of the person, because the other person is unable to contact or locate the person; and\nthe other person reports the fear or concern to a police officer; and\nafter a police officer makes reasonable inquiries to contact or locate the person, the person’s whereabouts remain unknown to the police officer.\ns 179B ins 2018 No. 20 s 27\namd 2024 No. 24 s 57 s ch 1 pt 2\n- (a) another person fears for the safety of the person, or is concerned for the welfare of the person, because the other person is unable to contact or locate the person; and\n- (b) the other person reports the fear or concern to a police officer; and\n- (c) after a police officer makes reasonable inquiries to contact or locate the person, the person’s whereabouts remain unknown to the police officer.","sortOrder":438},{"sectionNumber":"sec.179C","sectionType":"section","heading":"When a missing person is high-risk","content":"### sec.179C When a missing person is high-risk\n\nThis section applies to a police officer, Supreme Court judge or magistrate in deciding under division 2 or 3 whether a missing person is high-risk.\nThe police officer, Supreme Court judge or magistrate may be satisfied a missing person is high-risk if—\nthe person is under 13 years; or\nthe officer, judge or magistrate reasonably suspects the person may suffer serious harm if not found as quickly as possible.\nIn making a decision about a missing person under subsection (2) (b) , the police officer, Supreme Court judge or magistrate may have regard to any of the following matters—\nthe person’s age;\nany disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment;\nevidence the person may commit suicide;\nthe person’s ability to interact safely with other persons or in an unfamiliar environment;\nthe person’s need for medication;\nan addiction the person may have;\nthe person’s recent behaviour that is out of character for the person;\nwhether the person is suspected of being the victim of a crime;\nany history of domestic violence or other relationship problems affecting the person;\nany ongoing bullying or harassment of the person;\na previous disappearance or exposure to serious harm that affected the person;\nwhether the person is experiencing any financial problems;\na reason why the person may wish to go missing;\nif the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area;\nany suspicious circumstances relating to the person’s disappearance.\nThe missing person has suddenly stopped the person’s regular activities, including banking or social activities.\nIn this section—\nserious harm means harm, including the cumulative effect of any harm, that—\nendangers, or is likely to endanger, a person’s life; or\nis, or is likely to be, significant and longstanding.\ns 179C ins 2018 No. 20 s 27\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.179C-ssec.1) This section applies to a police officer, Supreme Court judge or magistrate in deciding under division 2 or 3 whether a missing person is high-risk.\n(sec.179C-ssec.2) The police officer, Supreme Court judge or magistrate may be satisfied a missing person is high-risk if— the person is under 13 years; or the officer, judge or magistrate reasonably suspects the person may suffer serious harm if not found as quickly as possible.\n(sec.179C-ssec.3) In making a decision about a missing person under subsection (2) (b) , the police officer, Supreme Court judge or magistrate may have regard to any of the following matters— the person’s age; any disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment; evidence the person may commit suicide; the person’s ability to interact safely with other persons or in an unfamiliar environment; the person’s need for medication; an addiction the person may have; the person’s recent behaviour that is out of character for the person; whether the person is suspected of being the victim of a crime; any history of domestic violence or other relationship problems affecting the person; any ongoing bullying or harassment of the person; a previous disappearance or exposure to serious harm that affected the person; whether the person is experiencing any financial problems; a reason why the person may wish to go missing; if the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area; any suspicious circumstances relating to the person’s disappearance. The missing person has suddenly stopped the person’s regular activities, including banking or social activities.\n(sec.179C-ssec.4) In this section— serious harm means harm, including the cumulative effect of any harm, that— endangers, or is likely to endanger, a person’s life; or is, or is likely to be, significant and longstanding.\n- (a) the person is under 13 years; or\n- (b) the officer, judge or magistrate reasonably suspects the person may suffer serious harm if not found as quickly as possible.\n- (a) the person’s age;\n- (b) any disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment;\n- (c) evidence the person may commit suicide;\n- (d) the person’s ability to interact safely with other persons or in an unfamiliar environment;\n- (e) the person’s need for medication;\n- (f) an addiction the person may have;\n- (g) the person’s recent behaviour that is out of character for the person;\n- (h) whether the person is suspected of being the victim of a crime;\n- (i) any history of domestic violence or other relationship problems affecting the person;\n- (j) any ongoing bullying or harassment of the person;\n- (k) a previous disappearance or exposure to serious harm that affected the person;\n- (l) whether the person is experiencing any financial problems;\n- (m) a reason why the person may wish to go missing;\n- (n) if the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area;\n- (o) any suspicious circumstances relating to the person’s disappearance. Example of a suspicious circumstance— The missing person has suddenly stopped the person’s regular activities, including banking or social activities.\n- (a) endangers, or is likely to endanger, a person’s life; or\n- (b) is, or is likely to be, significant and longstanding.","sortOrder":439},{"sectionNumber":"ch.7-pt.3A-div.2","sectionType":"division","heading":"Establishment of missing person scenes","content":"## Establishment of missing person scenes","sortOrder":440},{"sectionNumber":"sec.179D","sectionType":"section","heading":"Establishing missing person scene","content":"### sec.179D Establishing missing person scene\n\nA police officer (the responsible officer ) may establish a missing person scene at a place if authorised to do so—\nunder a missing person warrant; or\nunder section 179E .\nIf another police officer assumes control of the missing person scene, that police officer becomes the responsible officer for the scene instead of the other officer.\nThe police officer may establish the missing person scene in any way that gives a person wanting to enter the place notice that the place is a missing person scene.\nA police officer may stand at a door to stop people entering a building and tell them they can not enter the building.\nA police officer may put around a place barricades or tapes indicating the place is a missing person scene.\nA police officer may display a written notice stating the place is a missing person scene and unauthorised entry is prohibited.\ns 179D ins 2018 No. 20 s 27\n(sec.179D-ssec.1) A police officer (the responsible officer ) may establish a missing person scene at a place if authorised to do so— under a missing person warrant; or under section 179E .\n(sec.179D-ssec.2) If another police officer assumes control of the missing person scene, that police officer becomes the responsible officer for the scene instead of the other officer.\n(sec.179D-ssec.3) The police officer may establish the missing person scene in any way that gives a person wanting to enter the place notice that the place is a missing person scene. A police officer may stand at a door to stop people entering a building and tell them they can not enter the building. A police officer may put around a place barricades or tapes indicating the place is a missing person scene. A police officer may display a written notice stating the place is a missing person scene and unauthorised entry is prohibited.\n- (a) under a missing person warrant; or\n- (b) under section 179E .\n- 1 A police officer may stand at a door to stop people entering a building and tell them they can not enter the building.\n- 2 A police officer may put around a place barricades or tapes indicating the place is a missing person scene.\n- 3 A police officer may display a written notice stating the place is a missing person scene and unauthorised entry is prohibited.","sortOrder":441},{"sectionNumber":"sec.179E","sectionType":"section","heading":"Authorisation if, as a matter of urgency, it is necessary to establish missing person scene before obtaining missing person warrant","content":"### sec.179E Authorisation if, as a matter of urgency, it is necessary to establish missing person scene before obtaining missing person warrant\n\nThis section applies if a police officer is satisfied—\na missing person is high-risk; and\nas a matter of urgency, it is necessary to establish a missing person scene at a place before obtaining a missing person warrant.\nThe police officer may establish the missing person scene if authorised to do so by a commissioned officer.\nThe commissioned officer may authorise establishing the missing person scene if—\nthe commissioned officer is satisfied the missing person is high-risk; and\nthe commissioned officer—\nfor a place that is the missing person’s residence, place of employment or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or\nfor any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and\nthe commissioned officer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance; and\nthe commissioned officer is satisfied, as a matter of urgency, it is necessary to establish a missing person scene at the place before obtaining a missing person warrant.\ns 179E ins 2018 No. 20 s 27\n(sec.179E-ssec.1) This section applies if a police officer is satisfied— a missing person is high-risk; and as a matter of urgency, it is necessary to establish a missing person scene at a place before obtaining a missing person warrant.\n(sec.179E-ssec.2) The police officer may establish the missing person scene if authorised to do so by a commissioned officer.\n(sec.179E-ssec.3) The commissioned officer may authorise establishing the missing person scene if— the commissioned officer is satisfied the missing person is high-risk; and the commissioned officer— for a place that is the missing person’s residence, place of employment or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and the commissioned officer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance; and the commissioned officer is satisfied, as a matter of urgency, it is necessary to establish a missing person scene at the place before obtaining a missing person warrant.\n- (a) a missing person is high-risk; and\n- (b) as a matter of urgency, it is necessary to establish a missing person scene at a place before obtaining a missing person warrant.\n- (a) the commissioned officer is satisfied the missing person is high-risk; and\n- (b) the commissioned officer— (i) for a place that is the missing person’s residence, place of employment or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or (ii) for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and\n- (i) for a place that is the missing person’s residence, place of employment or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or\n- (ii) for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and\n- (c) the commissioned officer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance; and\n- (d) the commissioned officer is satisfied, as a matter of urgency, it is necessary to establish a missing person scene at the place before obtaining a missing person warrant.\n- (i) for a place that is the missing person’s residence, place of employment or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or\n- (ii) for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and","sortOrder":442},{"sectionNumber":"sec.179F","sectionType":"section","heading":"Responsibility after establishing missing person scene before obtaining missing person warrant","content":"### sec.179F Responsibility after establishing missing person scene before obtaining missing person warrant\n\nThis section applies if a police officer establishes a missing person scene at a place before obtaining a missing person warrant.\nAs soon as reasonably practicable after establishing the missing person scene, a police officer must apply under section 179J to a Supreme Court judge or magistrate for a missing person warrant.\nSubsection (2) does not apply if the place is a public place, unless the place is a public place only while it is ordinarily open to the public and the occupier of the place requires a police officer at the place to leave the place.\ns 179F ins 2018 No. 20 s 27\n(sec.179F-ssec.1) This section applies if a police officer establishes a missing person scene at a place before obtaining a missing person warrant.\n(sec.179F-ssec.2) As soon as reasonably practicable after establishing the missing person scene, a police officer must apply under section 179J to a Supreme Court judge or magistrate for a missing person warrant.\n(sec.179F-ssec.3) Subsection (2) does not apply if the place is a public place, unless the place is a public place only while it is ordinarily open to the public and the occupier of the place requires a police officer at the place to leave the place.","sortOrder":443},{"sectionNumber":"sec.179G","sectionType":"section","heading":"Deciding limits of missing person scene","content":"### sec.179G Deciding limits of missing person scene\n\nWhen establishing a missing person scene, the responsible officer for the scene must—\nidentify what is the missing person scene; and\ndecide the boundaries necessary to protect the missing person scene; and\nmark the limits of the missing person scene in a way that sufficiently identifies it to the public as a missing person scene.\ns 179G ins 2018 No. 20 s 27\n- (a) identify what is the missing person scene; and\n- (b) decide the boundaries necessary to protect the missing person scene; and\n- (c) mark the limits of the missing person scene in a way that sufficiently identifies it to the public as a missing person scene.","sortOrder":444},{"sectionNumber":"sec.179H","sectionType":"section","heading":"Restricting access to missing person scene","content":"### sec.179H Restricting access to missing person scene\n\nImmediately after establishing a missing person scene, the responsible officer for the scene must take the steps the officer considers reasonably necessary to protect anything at the scene from being damaged, interfered with or destroyed, including, for example, steps necessary to—\nensure people, including police officers, whose presence at the scene is not essential do not enter the scene; and\nprevent unnecessary movement inside the boundaries of the scene; and\nestablish a safe walking area in the scene for reducing the risk of damage to anything that may be at the scene.\nA person, other than the responsible officer, must not enter the missing person scene unless—\nthe person has a special reason, associated with the investigation, for entering the scene; or\na police officer removing someone from the missing person scene who should not be there\na police officer investigating the disappearance of the missing person the subject of the investigation\na person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation\nthe person is a police officer who is asked to enter the scene by the responsible officer or an investigating police officer; or\nthe person is an authorised assistant; or\nthe presence of the person is necessary to preserve life or property at the scene; or\nthe person is authorised to enter by the responsible officer.\nFor subsection (2) (e) , the responsible officer may authorise the entry subject to stated requirements.\nThe responsible officer must ensure a record is made of—\nthe name of each person who is present when the missing person scene is established or enters it after it is established; and\nwhen each person entered the missing person scene after it was established, and the purpose of the entry.\ns 179H ins 2018 No. 20 s 27\n(sec.179H-ssec.1) Immediately after establishing a missing person scene, the responsible officer for the scene must take the steps the officer considers reasonably necessary to protect anything at the scene from being damaged, interfered with or destroyed, including, for example, steps necessary to— ensure people, including police officers, whose presence at the scene is not essential do not enter the scene; and prevent unnecessary movement inside the boundaries of the scene; and establish a safe walking area in the scene for reducing the risk of damage to anything that may be at the scene.\n(sec.179H-ssec.2) A person, other than the responsible officer, must not enter the missing person scene unless— the person has a special reason, associated with the investigation, for entering the scene; or a police officer removing someone from the missing person scene who should not be there a police officer investigating the disappearance of the missing person the subject of the investigation a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation the person is a police officer who is asked to enter the scene by the responsible officer or an investigating police officer; or the person is an authorised assistant; or the presence of the person is necessary to preserve life or property at the scene; or the person is authorised to enter by the responsible officer.\n(sec.179H-ssec.3) For subsection (2) (e) , the responsible officer may authorise the entry subject to stated requirements.\n(sec.179H-ssec.4) The responsible officer must ensure a record is made of— the name of each person who is present when the missing person scene is established or enters it after it is established; and when each person entered the missing person scene after it was established, and the purpose of the entry.\n- (a) ensure people, including police officers, whose presence at the scene is not essential do not enter the scene; and\n- (b) prevent unnecessary movement inside the boundaries of the scene; and\n- (c) establish a safe walking area in the scene for reducing the risk of damage to anything that may be at the scene.\n- (a) the person has a special reason, associated with the investigation, for entering the scene; or Examples— • a police officer removing someone from the missing person scene who should not be there • a police officer investigating the disappearance of the missing person the subject of the investigation • a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation\n- • a police officer removing someone from the missing person scene who should not be there\n- • a police officer investigating the disappearance of the missing person the subject of the investigation\n- • a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation\n- (b) the person is a police officer who is asked to enter the scene by the responsible officer or an investigating police officer; or\n- (c) the person is an authorised assistant; or\n- (d) the presence of the person is necessary to preserve life or property at the scene; or\n- (e) the person is authorised to enter by the responsible officer.\n- • a police officer removing someone from the missing person scene who should not be there\n- • a police officer investigating the disappearance of the missing person the subject of the investigation\n- • a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation\n- (a) the name of each person who is present when the missing person scene is established or enters it after it is established; and\n- (b) when each person entered the missing person scene after it was established, and the purpose of the entry.","sortOrder":445},{"sectionNumber":"sec.179I","sectionType":"section","heading":"When place stops being missing person scene","content":"### sec.179I When place stops being missing person scene\n\nIf a missing person scene is established at a place, the place stops being a missing person scene at the end of 48 hours after the scene is established.\nHowever, if a missing person warrant issued for the place is extended under section 179M , the place stops being a missing person scene at the end of the extension.\nAlso, the place stops being a missing person scene before the end of the 48 hours, or any extension, if and when any of the following events happen—\na judge or magistrate refuses to issue a missing person warrant for the place;\na missing person warrant for the place stops having effect under section 179M ;\nthe responsible officer for the scene becomes aware that the missing person—\nhas been found; or\nis not a person who is likely to be high-risk;\nthe responsible officer for the scene decides there is no longer a need to exercise missing person powers at the place.\ns 179I ins 2018 No. 20 s 27\n(sec.179I-ssec.1) If a missing person scene is established at a place, the place stops being a missing person scene at the end of 48 hours after the scene is established.\n(sec.179I-ssec.2) However, if a missing person warrant issued for the place is extended under section 179M , the place stops being a missing person scene at the end of the extension.\n(sec.179I-ssec.3) Also, the place stops being a missing person scene before the end of the 48 hours, or any extension, if and when any of the following events happen— a judge or magistrate refuses to issue a missing person warrant for the place; a missing person warrant for the place stops having effect under section 179M ; the responsible officer for the scene becomes aware that the missing person— has been found; or is not a person who is likely to be high-risk; the responsible officer for the scene decides there is no longer a need to exercise missing person powers at the place.\n- (a) a judge or magistrate refuses to issue a missing person warrant for the place;\n- (b) a missing person warrant for the place stops having effect under section 179M ;\n- (c) the responsible officer for the scene becomes aware that the missing person— (i) has been found; or (ii) is not a person who is likely to be high-risk;\n- (i) has been found; or\n- (ii) is not a person who is likely to be high-risk;\n- (d) the responsible officer for the scene decides there is no longer a need to exercise missing person powers at the place.\n- (i) has been found; or\n- (ii) is not a person who is likely to be high-risk;","sortOrder":446},{"sectionNumber":"ch.7-pt.3A-div.3","sectionType":"division","heading":"Missing person warrants","content":"## Missing person warrants","sortOrder":447},{"sectionNumber":"sec.179J","sectionType":"section","heading":"Applying for missing person warrant","content":"### sec.179J Applying for missing person warrant\n\nA police officer may apply to a Supreme Court judge or a magistrate for a warrant (a missing person warrant ) to—\nestablish a missing person scene; or\nconfirm a missing person scene established under section 179E .\nHowever, the police officer may only apply for a warrant to establish a missing person scene if authorised to do so by a commissioned officer.\nThe application must—\nbe sworn and state the grounds on which it is sought; and\ninclude the information required under the responsibilities code.\nA police officer must, if reasonably practicable, give notice of the making of the application to the occupier of the place.\nSubsection (4) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation to which the application relates.\nIf present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer ), but not submissions that will unduly delay the consideration of the application.\nThe issuer may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.\nThe issuer may require additional information supporting the application to be given by statutory declaration.\ns 179J ins 2018 No. 20 s 27\n(sec.179J-ssec.1) A police officer may apply to a Supreme Court judge or a magistrate for a warrant (a missing person warrant ) to— establish a missing person scene; or confirm a missing person scene established under section 179E .\n(sec.179J-ssec.2) However, the police officer may only apply for a warrant to establish a missing person scene if authorised to do so by a commissioned officer.\n(sec.179J-ssec.3) The application must— be sworn and state the grounds on which it is sought; and include the information required under the responsibilities code.\n(sec.179J-ssec.4) A police officer must, if reasonably practicable, give notice of the making of the application to the occupier of the place.\n(sec.179J-ssec.5) Subsection (4) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation to which the application relates.\n(sec.179J-ssec.6) If present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer ), but not submissions that will unduly delay the consideration of the application.\n(sec.179J-ssec.7) The issuer may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration.\n- (a) establish a missing person scene; or\n- (b) confirm a missing person scene established under section 179E .\n- (a) be sworn and state the grounds on which it is sought; and\n- (b) include the information required under the responsibilities code.","sortOrder":448},{"sectionNumber":"sec.179K","sectionType":"section","heading":"Considering application and issuing missing person warrant","content":"### sec.179K Considering application and issuing missing person warrant\n\nThis section applies if a Supreme Court judge or magistrate is considering an application for a missing person warrant in relation to a place.\nIn deciding the application, the judge or magistrate must have regard to the following—\nthe nature and seriousness of the disappearance of the missing person;\nthe likely extent of interference to be caused to the occupier of the place;\nthe time for which it is reasonable to maintain a missing person scene;\nany submissions made by the occupier of the place.\nThe judge or magistrate (the issuer ) may issue the missing person warrant if—\nthe issuer is satisfied the missing person is high-risk; and\nthe issuer—\nfor a place that is the person’s residence, place of employment, or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or\nfor any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and\nthe issuer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance.\nIf, before the application is considered, the place stops being a missing person scene, the judge or magistrate may issue a missing person warrant that has effect only for the time the place was a missing person scene.\ns 179K ins 2018 No. 20 s 27\n(sec.179K-ssec.1) This section applies if a Supreme Court judge or magistrate is considering an application for a missing person warrant in relation to a place.\n(sec.179K-ssec.2) In deciding the application, the judge or magistrate must have regard to the following— the nature and seriousness of the disappearance of the missing person; the likely extent of interference to be caused to the occupier of the place; the time for which it is reasonable to maintain a missing person scene; any submissions made by the occupier of the place.\n(sec.179K-ssec.3) The judge or magistrate (the issuer ) may issue the missing person warrant if— the issuer is satisfied the missing person is high-risk; and the issuer— for a place that is the person’s residence, place of employment, or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and the issuer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance.\n(sec.179K-ssec.4) If, before the application is considered, the place stops being a missing person scene, the judge or magistrate may issue a missing person warrant that has effect only for the time the place was a missing person scene.\n- (a) the nature and seriousness of the disappearance of the missing person;\n- (b) the likely extent of interference to be caused to the occupier of the place;\n- (c) the time for which it is reasonable to maintain a missing person scene;\n- (d) any submissions made by the occupier of the place.\n- (a) the issuer is satisfied the missing person is high-risk; and\n- (b) the issuer— (i) for a place that is the person’s residence, place of employment, or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or (ii) for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and\n- (i) for a place that is the person’s residence, place of employment, or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or\n- (ii) for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and\n- (c) the issuer is satisfied it is reasonably necessary to exercise missing person powers at the place to search for the person or to gather information about the person’s disappearance.\n- (i) for a place that is the person’s residence, place of employment, or vehicle—reasonably suspects the person may be at the place or an inspection of the place may provide information about the person’s disappearance; or\n- (ii) for any other place—reasonably believes the person may be at the place or an inspection of the place may provide information about the person’s disappearance; and","sortOrder":449},{"sectionNumber":"sec.179L","sectionType":"section","heading":"What missing person warrant must state","content":"### sec.179L What missing person warrant must state\n\nA missing person warrant must state—\nthat a stated police officer may establish a missing person scene at the place and exercise missing person powers at the scene; and\nthe day and time, of not more than 48 hours after the missing person scene is established, that the warrant ends.\nIf a Supreme Court judge issues the missing person warrant, the warrant must state whether or not a police officer may, under the warrant, do something that may cause structural damage to a building.\ns 179L ins 2018 No. 20 s 27\n(sec.179L-ssec.1) A missing person warrant must state— that a stated police officer may establish a missing person scene at the place and exercise missing person powers at the scene; and the day and time, of not more than 48 hours after the missing person scene is established, that the warrant ends.\n(sec.179L-ssec.2) If a Supreme Court judge issues the missing person warrant, the warrant must state whether or not a police officer may, under the warrant, do something that may cause structural damage to a building.\n- (a) that a stated police officer may establish a missing person scene at the place and exercise missing person powers at the scene; and\n- (b) the day and time, of not more than 48 hours after the missing person scene is established, that the warrant ends.","sortOrder":450},{"sectionNumber":"sec.179M","sectionType":"section","heading":"Duration, extension and review of missing person warrant","content":"### sec.179M Duration, extension and review of missing person warrant\n\nA missing person warrant stops having effect at the time fixed under the warrant or a later time fixed under subsection (2) .\nA Supreme Court judge or magistrate may, on the application of a police officer made before a missing person warrant stops having effect, extend the warrant for a stated reasonable time of not more than 48 hours.\nThe application must—\nbe sworn and state the grounds on which it is sought; and\ninclude the information required under the responsibilities code.\ns 179M ins 2018 No. 20 s 27\n(sec.179M-ssec.1) A missing person warrant stops having effect at the time fixed under the warrant or a later time fixed under subsection (2) .\n(sec.179M-ssec.2) A Supreme Court judge or magistrate may, on the application of a police officer made before a missing person warrant stops having effect, extend the warrant for a stated reasonable time of not more than 48 hours.\n(sec.179M-ssec.3) The application must— be sworn and state the grounds on which it is sought; and include the information required under the responsibilities code.\n- (a) be sworn and state the grounds on which it is sought; and\n- (b) include the information required under the responsibilities code.","sortOrder":451},{"sectionNumber":"sec.179N","sectionType":"section","heading":"Review of missing person warrant","content":"### sec.179N Review of missing person warrant\n\nThis section applies if a missing person warrant is issued in relation to a place.\nThe occupier of the place may apply to the Supreme Court judge or magistrate that issued the missing person warrant for an order revoking the warrant if the application for the warrant was made in the absence of the occupier and the occupier—\ndid not know about the application; or\nhad a genuine reason for not being present during the hearing of the application.\nThe judge or magistrate may revoke or refuse to revoke the warrant.\nThe making of an application under subsection (2) , or an application under the Judicial Review Act 1991 for review of the decision to issue the missing person warrant, does not stay the effect of the warrant.\ns 179N ins 2018 No. 20 s 27\n(sec.179N-ssec.1) This section applies if a missing person warrant is issued in relation to a place.\n(sec.179N-ssec.2) The occupier of the place may apply to the Supreme Court judge or magistrate that issued the missing person warrant for an order revoking the warrant if the application for the warrant was made in the absence of the occupier and the occupier— did not know about the application; or had a genuine reason for not being present during the hearing of the application.\n(sec.179N-ssec.3) The judge or magistrate may revoke or refuse to revoke the warrant.\n(sec.179N-ssec.4) The making of an application under subsection (2) , or an application under the Judicial Review Act 1991 for review of the decision to issue the missing person warrant, does not stay the effect of the warrant.\n- (a) did not know about the application; or\n- (b) had a genuine reason for not being present during the hearing of the application.","sortOrder":452},{"sectionNumber":"sec.179O","sectionType":"section","heading":"Copy of missing person warrant to be given to occupier","content":"### sec.179O Copy of missing person warrant to be given to occupier\n\nIf a police officer exercises powers under a missing person warrant at a place that is occupied, the police officer must give the occupier a copy of both of the following as soon as it is reasonably practicable to do so—\nthe missing person warrant;\na statement, in the approved form, summarising the occupier’s rights and obligations under the missing person warrant.\nIf the occupier is not present, the police officer must leave the copy of the missing person warrant and the statement in a conspicuous place.\ns 179O ins 2018 No. 20 s 27\n(sec.179O-ssec.1) If a police officer exercises powers under a missing person warrant at a place that is occupied, the police officer must give the occupier a copy of both of the following as soon as it is reasonably practicable to do so— the missing person warrant; a statement, in the approved form, summarising the occupier’s rights and obligations under the missing person warrant.\n(sec.179O-ssec.2) If the occupier is not present, the police officer must leave the copy of the missing person warrant and the statement in a conspicuous place.\n- (a) the missing person warrant;\n- (b) a statement, in the approved form, summarising the occupier’s rights and obligations under the missing person warrant.","sortOrder":453},{"sectionNumber":"ch.7-pt.3A-div.4","sectionType":"division","heading":"Powers at missing person scenes","content":"## Powers at missing person scenes","sortOrder":454},{"sectionNumber":"sec.179P","sectionType":"section","heading":"Powers at missing person scene","content":"### sec.179P Powers at missing person scene\n\nThe responsible officer for a missing person scene, or a police officer acting under the direction of the responsible officer, may do any of the following in relation to the scene—\nenter the scene;\nif reasonably necessary, enter another place to gain access to the scene;\nperform any necessary investigation, including, for example, a search and inspection of the scene and anything in it for the missing person or to obtain information about the person’s disappearance;\nopen anything at the scene that is locked;\ntake electricity for use at the scene;\nremove or cause to be removed an obstruction from the scene;\nphotograph the scene and anything in it;\nseize all or part of a thing that may provide information about the missing person’s disappearance.\nHowever, if it is necessary to do anything at the missing person scene that may cause structural damage to a building, the thing must not be done unless a Supreme Court judge issues a missing person warrant before the thing is done and the warrant authorises the doing of the thing.\nAn authorised assistant for the missing person scene may also do a thing mentioned in subsection (1) .\nHowever, the authorised assistant may do either of the following things only if asked to do so by the responsible officer—\nenter the missing person scene;\nif reasonably necessary, enter another place to gain access to the missing person scene.\ns 179P ins 2018 No. 20 s 27\n(sec.179P-ssec.1) The responsible officer for a missing person scene, or a police officer acting under the direction of the responsible officer, may do any of the following in relation to the scene— enter the scene; if reasonably necessary, enter another place to gain access to the scene; perform any necessary investigation, including, for example, a search and inspection of the scene and anything in it for the missing person or to obtain information about the person’s disappearance; open anything at the scene that is locked; take electricity for use at the scene; remove or cause to be removed an obstruction from the scene; photograph the scene and anything in it; seize all or part of a thing that may provide information about the missing person’s disappearance.\n(sec.179P-ssec.2) However, if it is necessary to do anything at the missing person scene that may cause structural damage to a building, the thing must not be done unless a Supreme Court judge issues a missing person warrant before the thing is done and the warrant authorises the doing of the thing.\n(sec.179P-ssec.3) An authorised assistant for the missing person scene may also do a thing mentioned in subsection (1) .\n(sec.179P-ssec.4) However, the authorised assistant may do either of the following things only if asked to do so by the responsible officer— enter the missing person scene; if reasonably necessary, enter another place to gain access to the missing person scene.\n- (a) enter the scene;\n- (b) if reasonably necessary, enter another place to gain access to the scene;\n- (c) perform any necessary investigation, including, for example, a search and inspection of the scene and anything in it for the missing person or to obtain information about the person’s disappearance;\n- (d) open anything at the scene that is locked;\n- (e) take electricity for use at the scene;\n- (f) remove or cause to be removed an obstruction from the scene;\n- (g) photograph the scene and anything in it;\n- (h) seize all or part of a thing that may provide information about the missing person’s disappearance.\n- (a) enter the missing person scene;\n- (b) if reasonably necessary, enter another place to gain access to the missing person scene.","sortOrder":455},{"sectionNumber":"sec.179Q","sectionType":"section","heading":"Powers of direction etc. at missing person scene","content":"### sec.179Q Powers of direction etc. at missing person scene\n\nThe responsible officer for a missing person scene, or a police officer acting under the direction of the responsible officer, may do any of the following—\ndirect a person to leave the scene or remove a vehicle or animal from the scene;\nremove or cause to be removed from the scene—\na person who fails to comply with a direction to leave the scene; or\na vehicle or animal a person fails to remove from the scene;\ndirect a person not to enter the scene;\nprevent a person from entering the scene;\nprevent a person from removing a thing from or otherwise interfering with the scene or anything in it and, for that purpose, detain and search the person;\ndirect the occupier of the place that is the missing person scene, or a person apparently in charge of the place, to maintain a continuous supply of electricity at the place.\ns 179Q ins 2018 No. 20 s 27\n- (a) direct a person to leave the scene or remove a vehicle or animal from the scene;\n- (b) remove or cause to be removed from the scene— (i) a person who fails to comply with a direction to leave the scene; or (ii) a vehicle or animal a person fails to remove from the scene;\n- (i) a person who fails to comply with a direction to leave the scene; or\n- (ii) a vehicle or animal a person fails to remove from the scene;\n- (c) direct a person not to enter the scene;\n- (d) prevent a person from entering the scene;\n- (e) prevent a person from removing a thing from or otherwise interfering with the scene or anything in it and, for that purpose, detain and search the person;\n- (f) direct the occupier of the place that is the missing person scene, or a person apparently in charge of the place, to maintain a continuous supply of electricity at the place.\n- (i) a person who fails to comply with a direction to leave the scene; or\n- (ii) a vehicle or animal a person fails to remove from the scene;","sortOrder":456},{"sectionNumber":"sec.179R","sectionType":"section","heading":"Exercising missing person powers to be electronically recorded","content":"### sec.179R Exercising missing person powers to be electronically recorded\n\nThis section applies if a police officer exercises a missing person power at a place.\nIf practicable, the act of exercising the missing person power must be electronically recorded.\ns 179R ins 2018 No. 20 s 27\n(sec.179R-ssec.1) This section applies if a police officer exercises a missing person power at a place.\n(sec.179R-ssec.2) If practicable, the act of exercising the missing person power must be electronically recorded.","sortOrder":457},{"sectionNumber":"ch.7-pt.3A-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":458},{"sectionNumber":"sec.179S","sectionType":"section","heading":"Alternative accommodation to be provided in some cases","content":"### sec.179S Alternative accommodation to be provided in some cases\n\nThis section applies to the occupier of a dwelling if the occupier can not continue to live in the dwelling—\nwhile a missing person scene is established because of a direction given at the scene; or\nbecause of damage caused to the dwelling in the exercise of missing person powers.\nA police officer must inform the occupier of the occupier’s right to suitable alternative accommodation for the time the occupier can not live in the dwelling.\nThe commissioner must arrange suitable alternative accommodation for the occupier for the time the occupier can not live in the dwelling, if requested to do so by the occupier.\nThe accommodation must, if reasonably practicable, be in the same locality as, and of at least a similar standard to, the dwelling.\nThis section does not apply to an occupier who is detained in lawful custody.\ns 179S ins 2018 No. 20 s 27\n(sec.179S-ssec.1) This section applies to the occupier of a dwelling if the occupier can not continue to live in the dwelling— while a missing person scene is established because of a direction given at the scene; or because of damage caused to the dwelling in the exercise of missing person powers.\n(sec.179S-ssec.2) A police officer must inform the occupier of the occupier’s right to suitable alternative accommodation for the time the occupier can not live in the dwelling.\n(sec.179S-ssec.3) The commissioner must arrange suitable alternative accommodation for the occupier for the time the occupier can not live in the dwelling, if requested to do so by the occupier.\n(sec.179S-ssec.4) The accommodation must, if reasonably practicable, be in the same locality as, and of at least a similar standard to, the dwelling.\n(sec.179S-ssec.5) This section does not apply to an occupier who is detained in lawful custody.\n- (a) while a missing person scene is established because of a direction given at the scene; or\n- (b) because of damage caused to the dwelling in the exercise of missing person powers.","sortOrder":459},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Production notices","content":"# Production notices","sortOrder":460},{"sectionNumber":"sec.180","sectionType":"section","heading":"Production notices","content":"### sec.180 Production notices\n\nThis section applies if a police officer reasonably suspects a cash dealer holds documents that may be—\nevidence of the commission of an offence by someone else; or\nconfiscation related evidence in relation to a confiscation related activity involving someone else; or\nSDOCO related evidence.\nThe police officer may, instead of applying for a search warrant, apply to a justice or a magistrate for the issue of a notice ( production notice ) requiring the cash dealer to produce documents stated in the production notice to a police officer.\nThe application must—\nbe sworn and state the grounds on which the production notice is sought; and\ninclude information required under the responsibilities code about any production notices issued within the previous year in relation to—\nfor an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or\nfor another application—the person suspected of being involved in the commission of the offence or suspected offence or confiscation related activity to which the application relates.\nSubsection (3) (b) applies only to—\ninformation kept in a register that the police officer may inspect; and\ninformation the police officer otherwise actually knows.\nThe justice or magistrate (the issuer ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.\nThe issuer may require additional information supporting the application to be given by statutory declaration.\ns 180 amd 2002 No. 68 s 324 ; 2013 No. 21 s 68 ; 2016 No. 62 s 305\n(sec.180-ssec.1) This section applies if a police officer reasonably suspects a cash dealer holds documents that may be— evidence of the commission of an offence by someone else; or confiscation related evidence in relation to a confiscation related activity involving someone else; or SDOCO related evidence.\n(sec.180-ssec.2) The police officer may, instead of applying for a search warrant, apply to a justice or a magistrate for the issue of a notice ( production notice ) requiring the cash dealer to produce documents stated in the production notice to a police officer.\n(sec.180-ssec.3) The application must— be sworn and state the grounds on which the production notice is sought; and include information required under the responsibilities code about any production notices issued within the previous year in relation to— for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or for another application—the person suspected of being involved in the commission of the offence or suspected offence or confiscation related activity to which the application relates.\n(sec.180-ssec.4) Subsection (3) (b) applies only to— information kept in a register that the police officer may inspect; and information the police officer otherwise actually knows.\n(sec.180-ssec.5) The justice or magistrate (the issuer ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. The issuer may require additional information supporting the application to be given by statutory declaration.\n- (a) evidence of the commission of an offence by someone else; or\n- (b) confiscation related evidence in relation to a confiscation related activity involving someone else; or\n- (c) SDOCO related evidence.\n- (a) be sworn and state the grounds on which the production notice is sought; and\n- (b) include information required under the responsibilities code about any production notices issued within the previous year in relation to— (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or (ii) for another application—the person suspected of being involved in the commission of the offence or suspected offence or confiscation related activity to which the application relates.\n- (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or\n- (ii) for another application—the person suspected of being involved in the commission of the offence or suspected offence or confiscation related activity to which the application relates.\n- (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or\n- (ii) for another application—the person suspected of being involved in the commission of the offence or suspected offence or confiscation related activity to which the application relates.\n- (a) information kept in a register that the police officer may inspect; and\n- (b) information the police officer otherwise actually knows.","sortOrder":461},{"sectionNumber":"sec.181","sectionType":"section","heading":"Issue of production notice","content":"### sec.181 Issue of production notice\n\nThe justice or the magistrate may issue a production notice only if satisfied there are reasonable grounds for suspecting—\ndocuments the cash dealer holds may be—\nevidence of the commission of an offence; or\nconfiscation related evidence; and\nthe cash dealer is not a party to the offence.\nThe justice or the magistrate may, in the production notice, require the documents to be produced to a police officer within a stated time and at a stated place.\ns 181 amd 2002 No. 68 s 325 ; 2016 No. 62 s 306\n(sec.181-ssec.1) The justice or the magistrate may issue a production notice only if satisfied there are reasonable grounds for suspecting— documents the cash dealer holds may be— evidence of the commission of an offence; or confiscation related evidence; and the cash dealer is not a party to the offence.\n(sec.181-ssec.2) The justice or the magistrate may, in the production notice, require the documents to be produced to a police officer within a stated time and at a stated place.\n- (a) documents the cash dealer holds may be— (i) evidence of the commission of an offence; or (ii) confiscation related evidence; and\n- (i) evidence of the commission of an offence; or\n- (ii) confiscation related evidence; and\n- (b) the cash dealer is not a party to the offence.\n- (i) evidence of the commission of an offence; or\n- (ii) confiscation related evidence; and","sortOrder":462},{"sectionNumber":"sec.182","sectionType":"section","heading":"Copy of production notice to be given to cash dealer","content":"### sec.182 Copy of production notice to be given to cash dealer\n\nA police officer must give a copy of a production notice to the cash dealer named in the notice as soon as reasonably practicable after it is issued.","sortOrder":463},{"sectionNumber":"sec.183","sectionType":"section","heading":"Procedural requirements—production notice","content":"### sec.183 Procedural requirements—production notice\n\nA cash dealer given a production notice must comply with the notice.\nThe cash dealer is not subject to any liability for complying with, or producing something in the honest belief that the dealer was complying with, a production notice.\nIt is not an offence to fail to comply with a production notice.\n(sec.183-ssec.1) A cash dealer given a production notice must comply with the notice.\n(sec.183-ssec.2) The cash dealer is not subject to any liability for complying with, or producing something in the honest belief that the dealer was complying with, a production notice.\n(sec.183-ssec.3) It is not an offence to fail to comply with a production notice.","sortOrder":464},{"sectionNumber":"sec.184","sectionType":"section","heading":"Power under production notice","content":"### sec.184 Power under production notice\n\nA police officer has the following powers in relation to a document produced under a production notice—\npower to inspect the document;\npower to take extracts from the document;\npower to make copies of the document;\npower to seize the document if the officer reasonably suspects it is evidence of the commission of an offence or confiscation related evidence.\nSubsection (1) applies subject to section 185 .\ns 184 amd 2002 No. 68 s 326\n(sec.184-ssec.1) A police officer has the following powers in relation to a document produced under a production notice— power to inspect the document; power to take extracts from the document; power to make copies of the document; power to seize the document if the officer reasonably suspects it is evidence of the commission of an offence or confiscation related evidence.\n(sec.184-ssec.2) Subsection (1) applies subject to section 185 .\n- (a) power to inspect the document;\n- (b) power to take extracts from the document;\n- (c) power to make copies of the document;\n- (d) power to seize the document if the officer reasonably suspects it is evidence of the commission of an offence or confiscation related evidence.","sortOrder":465},{"sectionNumber":"sec.185","sectionType":"section","heading":"If cash dealer claims documents contain privileged communications","content":"### sec.185 If cash dealer claims documents contain privileged communications\n\nIf, under a production notice, a cash dealer produces a document the cash dealer claims contains privileged communications between the cash dealer and someone else, the police officer receiving the document—\nmust as soon as reasonably practicable apply to a magistrate for an order for access to the document ( access order ); and\nmay retain the document, but must not inspect it until the application is decided.\nBefore making the application, the police officer must ask for whom and on what ground the claim is made and record the answers given.\nAlso, the police officer must—\nplace the document in a container or envelope; and\nseal the container or envelope; and\nsign the seal on the container or envelope; and\nask the person producing the document for the cash dealer to sign the seal; and\ntell the person producing the document for the cash dealer the document will be retained and an application will be made for an order for access to the document.\n(sec.185-ssec.1) If, under a production notice, a cash dealer produces a document the cash dealer claims contains privileged communications between the cash dealer and someone else, the police officer receiving the document— must as soon as reasonably practicable apply to a magistrate for an order for access to the document ( access order ); and may retain the document, but must not inspect it until the application is decided.\n(sec.185-ssec.2) Before making the application, the police officer must ask for whom and on what ground the claim is made and record the answers given.\n(sec.185-ssec.3) Also, the police officer must— place the document in a container or envelope; and seal the container or envelope; and sign the seal on the container or envelope; and ask the person producing the document for the cash dealer to sign the seal; and tell the person producing the document for the cash dealer the document will be retained and an application will be made for an order for access to the document.\n- (a) must as soon as reasonably practicable apply to a magistrate for an order for access to the document ( access order ); and\n- (b) may retain the document, but must not inspect it until the application is decided.\n- (a) place the document in a container or envelope; and\n- (b) seal the container or envelope; and\n- (c) sign the seal on the container or envelope; and\n- (d) ask the person producing the document for the cash dealer to sign the seal; and\n- (e) tell the person producing the document for the cash dealer the document will be retained and an application will be made for an order for access to the document.","sortOrder":466},{"sectionNumber":"sec.186","sectionType":"section","heading":"Making of access order","content":"### sec.186 Making of access order\n\nA magistrate, or a justice authorised in writing by the magistrate, may make an access order for a document a cash dealer claims contains privileged communications between the cash dealer and someone else only if reasonably satisfied that in the particular circumstances the police officer should be allowed access to the document.\nIf the magistrate or justice refuses to make the access order, the magistrate or justice may order that the document be returned to the cash dealer as soon as reasonably practicable.\n(sec.186-ssec.1) A magistrate, or a justice authorised in writing by the magistrate, may make an access order for a document a cash dealer claims contains privileged communications between the cash dealer and someone else only if reasonably satisfied that in the particular circumstances the police officer should be allowed access to the document.\n(sec.186-ssec.2) If the magistrate or justice refuses to make the access order, the magistrate or justice may order that the document be returned to the cash dealer as soon as reasonably practicable.","sortOrder":467},{"sectionNumber":"sec.187","sectionType":"section","heading":"Provisions about access order","content":"### sec.187 Provisions about access order\n\nAn access order may state that a police officer may, in relation to documents to which it relates—\nexercise the powers in section 184 ; or\ncopy the document and return the original document to the cash dealer.\nAn access order that authorises copying of a document and its return to a cash dealer may order that the document be again produced to a court hearing a proceeding for an offence for which the document is to be used as evidence, if a police officer asks.\nIf an access order authorises the copying of a document that is in electronic form, the order authorises the police officer to produce a hard-copy of the information contained in the document.\n(sec.187-ssec.1) An access order may state that a police officer may, in relation to documents to which it relates— exercise the powers in section 184 ; or copy the document and return the original document to the cash dealer.\n(sec.187-ssec.2) An access order that authorises copying of a document and its return to a cash dealer may order that the document be again produced to a court hearing a proceeding for an offence for which the document is to be used as evidence, if a police officer asks.\n(sec.187-ssec.3) If an access order authorises the copying of a document that is in electronic form, the order authorises the police officer to produce a hard-copy of the information contained in the document.\n- (a) exercise the powers in section 184 ; or\n- (b) copy the document and return the original document to the cash dealer.","sortOrder":468},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Production orders","content":"# Production orders","sortOrder":469},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application of pt 5","content":"### sec.188 Application of pt 5\n\nThis part applies to the following within the meaning of the Confiscation Act —\na confiscation offence;\na serious crime related activity.\nFor this part, the question whether a person has been charged with or found guilty of an interstate confiscation offence is to be decided in accordance with the law of the State in which the person is charged or found guilty.\ns 188 amd 2002 No. 68 s 327 ; 2004 No. 53 s 2 sch\n(sec.188-ssec.1) This part applies to the following within the meaning of the Confiscation Act — a confiscation offence; a serious crime related activity.\n(sec.188-ssec.2) For this part, the question whether a person has been charged with or found guilty of an interstate confiscation offence is to be decided in accordance with the law of the State in which the person is charged or found guilty.\n- (a) a confiscation offence;\n- (b) a serious crime related activity.","sortOrder":470},{"sectionNumber":"sec.189","sectionType":"section","heading":"Production order applications","content":"### sec.189 Production order applications\n\nThis section applies if a police officer reasonably suspects a person possesses a document that may be a property tracking document relating to—\na confiscation offence of which a person has been found guilty; or\na confiscation offence a police officer reasonably suspects a person has committed; or\na serious crime related activity a police officer reasonably suspects a person has engaged in.\nA police officer may apply to a Supreme Court judge for an order ( production order ) requiring a person named in the application to produce the document to a police officer.\nThe application must—\nbe sworn and state the grounds on which the production order is sought; and\ninclude information specified in the responsibilities code about any production orders issued within the previous year in relation to the named person.\nSubsection (3) (b) applies only to—\ninformation kept in a register that the police officer may inspect; and\ninformation the police officer otherwise actually knows.\nThe judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 189 amd 2002 No. 68 s 328\n(sec.189-ssec.1) This section applies if a police officer reasonably suspects a person possesses a document that may be a property tracking document relating to— a confiscation offence of which a person has been found guilty; or a confiscation offence a police officer reasonably suspects a person has committed; or a serious crime related activity a police officer reasonably suspects a person has engaged in.\n(sec.189-ssec.2) A police officer may apply to a Supreme Court judge for an order ( production order ) requiring a person named in the application to produce the document to a police officer.\n(sec.189-ssec.3) The application must— be sworn and state the grounds on which the production order is sought; and include information specified in the responsibilities code about any production orders issued within the previous year in relation to the named person.\n(sec.189-ssec.4) Subsection (3) (b) applies only to— information kept in a register that the police officer may inspect; and information the police officer otherwise actually knows.\n(sec.189-ssec.5) The judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) a confiscation offence of which a person has been found guilty; or\n- (b) a confiscation offence a police officer reasonably suspects a person has committed; or\n- (c) a serious crime related activity a police officer reasonably suspects a person has engaged in.\n- (a) be sworn and state the grounds on which the production order is sought; and\n- (b) include information specified in the responsibilities code about any production orders issued within the previous year in relation to the named person.\n- (a) information kept in a register that the police officer may inspect; and\n- (b) information the police officer otherwise actually knows.","sortOrder":471},{"sectionNumber":"sec.190","sectionType":"section","heading":"Making of production orders","content":"### sec.190 Making of production orders\n\nThe Supreme Court judge may make a production order only if satisfied there are reasonable grounds for suspecting the person possesses a document that may be a property tracking document relating to the confiscation offence or serious crime related activity mentioned in the application.\nIf the application includes information that the police officer reasonably suspects that—\nthe person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and\nproperty specified in the information is subject to the effective control of the person;\nthe judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the offence for this section.\nIf an application relating to a serious crime related activity includes information that the police officer reasonably suspects—\nthe person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and\nthe property specified in the information is subject to the effective control of the person;\nthe judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the serious crime related activity for this section.\nIn deciding whether to treat a document as a property tracking document under subsection (2) or (3) , the judge may have regard to the matters mentioned—\nfor subsection (2) , in the Confiscation Act , section 187 ; or\nfor subsection (3) , in the Confiscation Act , section 82 or 89L .\ns 190 amd 2002 No. 68 s 329 ; 2013 No. 21 s 69\n(sec.190-ssec.1) The Supreme Court judge may make a production order only if satisfied there are reasonable grounds for suspecting the person possesses a document that may be a property tracking document relating to the confiscation offence or serious crime related activity mentioned in the application.\n(sec.190-ssec.2) If the application includes information that the police officer reasonably suspects that— the person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and property specified in the information is subject to the effective control of the person; the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the offence for this section.\n(sec.190-ssec.3) If an application relating to a serious crime related activity includes information that the police officer reasonably suspects— the person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and the property specified in the information is subject to the effective control of the person; the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the serious crime related activity for this section.\n(sec.190-ssec.4) In deciding whether to treat a document as a property tracking document under subsection (2) or (3) , the judge may have regard to the matters mentioned— for subsection (2) , in the Confiscation Act , section 187 ; or for subsection (3) , in the Confiscation Act , section 82 or 89L .\n- (a) the person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and\n- (b) property specified in the information is subject to the effective control of the person;\n- (a) the person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and\n- (b) the property specified in the information is subject to the effective control of the person;\n- (a) for subsection (2) , in the Confiscation Act , section 187 ; or\n- (b) for subsection (3) , in the Confiscation Act , section 82 or 89L .","sortOrder":472},{"sectionNumber":"sec.191","sectionType":"section","heading":"What production order must state","content":"### sec.191 What production order must state\n\nThe production order must—\norder a stated person—\nto produce to a police officer any documents, other than a financial institution’s books, of the kind mentioned in section 189 (1) that are in the person’s possession; or\nto make available to a police officer, for inspection, any documents of that kind that are in the person’s possession; and\nstate when and the place where—\ndocuments that must be produced are to be produced; or\ndocuments that must be made available for inspection are to be made available; and\nstate that a police officer may enter the place and exercise the powers under section 192 .\nPower to enter a place under a production order includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for enforcing the order.\nIn this section—\nfinancial institution’s books means accounting records used in the ordinary business of a financial institution, including ledgers, daybooks, cashbooks and account books.\ns 191 amd 2006 No. 26 s 30\n(sec.191-ssec.1) The production order must— order a stated person— to produce to a police officer any documents, other than a financial institution’s books, of the kind mentioned in section 189 (1) that are in the person’s possession; or to make available to a police officer, for inspection, any documents of that kind that are in the person’s possession; and state when and the place where— documents that must be produced are to be produced; or documents that must be made available for inspection are to be made available; and state that a police officer may enter the place and exercise the powers under section 192 .\n(sec.191-ssec.2) Power to enter a place under a production order includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for enforcing the order.\n(sec.191-ssec.3) In this section— financial institution’s books means accounting records used in the ordinary business of a financial institution, including ledgers, daybooks, cashbooks and account books.\n- (a) order a stated person— (i) to produce to a police officer any documents, other than a financial institution’s books, of the kind mentioned in section 189 (1) that are in the person’s possession; or (ii) to make available to a police officer, for inspection, any documents of that kind that are in the person’s possession; and\n- (i) to produce to a police officer any documents, other than a financial institution’s books, of the kind mentioned in section 189 (1) that are in the person’s possession; or\n- (ii) to make available to a police officer, for inspection, any documents of that kind that are in the person’s possession; and\n- (b) state when and the place where— (i) documents that must be produced are to be produced; or (ii) documents that must be made available for inspection are to be made available; and\n- (i) documents that must be produced are to be produced; or\n- (ii) documents that must be made available for inspection are to be made available; and\n- (c) state that a police officer may enter the place and exercise the powers under section 192 .\n- (i) to produce to a police officer any documents, other than a financial institution’s books, of the kind mentioned in section 189 (1) that are in the person’s possession; or\n- (ii) to make available to a police officer, for inspection, any documents of that kind that are in the person’s possession; and\n- (i) documents that must be produced are to be produced; or\n- (ii) documents that must be made available for inspection are to be made available; and","sortOrder":473},{"sectionNumber":"sec.192","sectionType":"section","heading":"Powers under production order","content":"### sec.192 Powers under production order\n\nA police officer has the following powers in relation to a document produced or made available under the production order—\npower to inspect the document;\npower to take extracts from the document;\npower to make copies of the document;\npower to seize the document if the officer reasonably suspects it is evidence of the commission of an offence or confiscation related evidence.\ns 192 amd 2002 No. 68 s 330\n- (a) power to inspect the document;\n- (b) power to take extracts from the document;\n- (c) power to make copies of the document;\n- (d) power to seize the document if the officer reasonably suspects it is evidence of the commission of an offence or confiscation related evidence.","sortOrder":474},{"sectionNumber":"sec.193","sectionType":"section","heading":"Variation of production order","content":"### sec.193 Variation of production order\n\nIf a Supreme Court judge makes a production order requiring a person to produce a document to a police officer, the person may apply to a Supreme Court judge for a variation of the order.\nIf the judge is satisfied the document is essential to the business activities of the person, the judge may vary the production order so it requires the person to make the document available to a police officer.\n(sec.193-ssec.1) If a Supreme Court judge makes a production order requiring a person to produce a document to a police officer, the person may apply to a Supreme Court judge for a variation of the order.\n(sec.193-ssec.2) If the judge is satisfied the document is essential to the business activities of the person, the judge may vary the production order so it requires the person to make the document available to a police officer.","sortOrder":475},{"sectionNumber":"sec.194","sectionType":"section","heading":"Offence to contravene production order","content":"### sec.194 Offence to contravene production order\n\nA person must not contravene a production order, unless the person has a reasonable excuse.\nA person must not produce or make available a document under a production order that the person knows is false or misleading in a material particular without—\nindicating to the police officer to whom the document is produced or made available how the document is false or misleading; and\ngiving correct information to the police officer, if the person has, or can reasonably obtain, the correct information.\nA person who contravenes subsection (1) or (2) commits a crime.\nMaximum penalty—350 penalty units or 7 years imprisonment.\n(sec.194-ssec.1) A person must not contravene a production order, unless the person has a reasonable excuse.\n(sec.194-ssec.2) A person must not produce or make available a document under a production order that the person knows is false or misleading in a material particular without— indicating to the police officer to whom the document is produced or made available how the document is false or misleading; and giving correct information to the police officer, if the person has, or can reasonably obtain, the correct information.\n(sec.194-ssec.3) A person who contravenes subsection (1) or (2) commits a crime. Maximum penalty—350 penalty units or 7 years imprisonment.\n- (a) indicating to the police officer to whom the document is produced or made available how the document is false or misleading; and\n- (b) giving correct information to the police officer, if the person has, or can reasonably obtain, the correct information.","sortOrder":476},{"sectionNumber":"sec.195","sectionType":"section","heading":"Effect of compliance with production order","content":"### sec.195 Effect of compliance with production order\n\nA person is not excused from producing a document or making a document available when required to do so by a production order on the ground that—\nproducing or making the document available might tend to incriminate the person or make the person liable to a penalty; or\nproducing or making the document available would be in breach of an obligation, whether imposed by any law or otherwise, of the person not to disclose the existence or contents of the document.\nSubsection (3) applies if a person produces a document or makes a document available under a production order.\nThe following are not admissible against the person in any criminal proceeding, other than a proceeding for an offence against section 194 in relation to producing the document or making the document available—\nthe fact that the person produced the document;\nthe fact that the person made the document available;\nany information, document or thing directly or indirectly obtained because the document was produced or made available.\n(sec.195-ssec.1) A person is not excused from producing a document or making a document available when required to do so by a production order on the ground that— producing or making the document available might tend to incriminate the person or make the person liable to a penalty; or producing or making the document available would be in breach of an obligation, whether imposed by any law or otherwise, of the person not to disclose the existence or contents of the document.\n(sec.195-ssec.2) Subsection (3) applies if a person produces a document or makes a document available under a production order.\n(sec.195-ssec.3) The following are not admissible against the person in any criminal proceeding, other than a proceeding for an offence against section 194 in relation to producing the document or making the document available— the fact that the person produced the document; the fact that the person made the document available; any information, document or thing directly or indirectly obtained because the document was produced or made available.\n- (a) producing or making the document available might tend to incriminate the person or make the person liable to a penalty; or\n- (b) producing or making the document available would be in breach of an obligation, whether imposed by any law or otherwise, of the person not to disclose the existence or contents of the document.\n- (a) the fact that the person produced the document;\n- (b) the fact that the person made the document available;\n- (c) any information, document or thing directly or indirectly obtained because the document was produced or made available.","sortOrder":477},{"sectionNumber":"ch.7-pt.5A","sectionType":"part","heading":null,"content":"","sortOrder":478},{"sectionNumber":"ch.7-pt.5A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":479},{"sectionNumber":"sec.195A","sectionType":"section","heading":null,"content":"### Section sec.195A\n\ns 195A def access om 2018 No. 2 s 11\ns 195A def access approval order om 2018 No. 2 s 11\ns 195A def adult proof of age card om 2014 No. 43 s 16 (1)\ns 195A def chief executive (transport) ins 2015 No. 14 s 16 (2)\nom 2018 No. 2 s 11\ns 195A def digital photo om 2018 No. 2 s 11\ns 195A def emergency contact information om 2014 No. 43 s 16 (1)\ns 195A def marine licence indicator om 2014 No. 43 s 16 (1)\ns 195A def post-access approval order om 2018 No. 2 s 11\ns 195A def prescribed document ins 2008 No. 71 s 5 (amd 2010 No. 13 s 59 (1) )\nom 2014 No. 43 s 16 (1)\ns 195A def prescribed smartcard Act om 2018 No. 2 s 11\ns 195A def prescribed transport Act om 2018 No. 2 s 11\ns 195A def registered digital photo sub 2015 No. 14 s 16\nom 2018 No. 2 s 11\ns 195A def relevant entity om 2015 No. 14 s 16 (1)\ns 195A def smartcard transport authority ins 2008 No. 71 s 5 (amd 2010 No. 13 s 59 (2) )\namd 2016 No. 3 s 76 sch 1\nom 2018 No. 2 s 11\ns 195A def TPC Act ins 2015 No. 14 s 16 (2)\nom 2018 No. 2 s 11\ns 195A ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":480},{"sectionNumber":"ch.7-pt.5A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":481},{"sectionNumber":"sec.195B","sectionType":"section","heading":null,"content":"### Section sec.195B\n\ns 195B ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":482},{"sectionNumber":"sec.195C","sectionType":"section","heading":null,"content":"### Section sec.195C\n\ns 195C ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":483},{"sectionNumber":"sec.195D","sectionType":"section","heading":null,"content":"### Section sec.195D\n\ns 195D ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":484},{"sectionNumber":"ch.7-pt.5A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":485},{"sectionNumber":"sec.195E","sectionType":"section","heading":null,"content":"### Section sec.195E\n\ns 195E ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":486},{"sectionNumber":"sec.195F","sectionType":"section","heading":null,"content":"### Section sec.195F\n\ns 195F ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":487},{"sectionNumber":"sec.195G","sectionType":"section","heading":null,"content":"### Section sec.195G\n\ns 195G ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":488},{"sectionNumber":"sec.195H","sectionType":"section","heading":null,"content":"### Section sec.195H\n\ns 195H ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":489},{"sectionNumber":"ch.7-pt.5A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":490},{"sectionNumber":"sec.195I","sectionType":"section","heading":null,"content":"### Section sec.195I\n\ns 195I ins 2008 No. 71 s 5 (amd 2010 No. 13 s 59 (4) , 2010 No. 19 s 218 )\namd 2014 No. 43 s 18\nom 2018 No. 2 s 11","sortOrder":491},{"sectionNumber":"ch.7-pt.5A-div.5","sectionType":"division","heading":null,"content":"","sortOrder":492},{"sectionNumber":"sec.195J","sectionType":"section","heading":null,"content":"### Section sec.195J\n\ns 195J ins 2008 No. 71 s 5\namd 2014 No. 43 s 19 ; 2015 No. 14 s 17\nom 2018 No. 2 s 11","sortOrder":493},{"sectionNumber":"sec.195K","sectionType":"section","heading":null,"content":"### Section sec.195K\n\ns 195K ins 2008 No. 71 s 5\nom 2018 No. 2 s 11","sortOrder":494},{"sectionNumber":"sec.195L","sectionType":"section","heading":null,"content":"### Section sec.195L\n\ns 195L ins 2008 No. 71 s 5\nsub 2014 No. 1 s 12\namd 2015 No. 14 s 18\nom 2018 No. 2 s 11","sortOrder":495},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Power to seize evidence and abandoned and illegally placed property","content":"# Power to seize evidence and abandoned and illegally placed property","sortOrder":496},{"sectionNumber":"sec.196","sectionType":"section","heading":"Power to seize evidence generally","content":"### sec.196 Power to seize evidence generally\n\nThis section applies if a police officer lawfully enters a place, or is at a public place, and finds at the place a thing the officer reasonably suspects is evidence of the commission of an offence.\nThe police officer may seize the thing, whether or not as evidence under a warrant and, if the police officer is acting under a warrant, whether or not the offence is one in relation to which the warrant is issued.\nAlso, the police officer may photograph the thing seized or the place from which the thing was seized.\nThe police officer may stay on the place and re-enter it for the time reasonably necessary to remove the thing from the place.\n(sec.196-ssec.1) This section applies if a police officer lawfully enters a place, or is at a public place, and finds at the place a thing the officer reasonably suspects is evidence of the commission of an offence.\n(sec.196-ssec.2) The police officer may seize the thing, whether or not as evidence under a warrant and, if the police officer is acting under a warrant, whether or not the offence is one in relation to which the warrant is issued.\n(sec.196-ssec.3) Also, the police officer may photograph the thing seized or the place from which the thing was seized.\n(sec.196-ssec.4) The police officer may stay on the place and re-enter it for the time reasonably necessary to remove the thing from the place.","sortOrder":497},{"sectionNumber":"sec.197","sectionType":"section","heading":"Power to remove property unlawfully on a place","content":"### sec.197 Power to remove property unlawfully on a place\n\nThis section applies if a police officer lawfully enters a place or is at a public place and finds on the place a thing the police officer reasonably suspects is on the place in contravention of an Act.\nThe police officer may seize the thing if the person in charge of the thing can not immediately be found.\nAlso, the police officer may seize the thing if the person in charge of the thing can be found and the police officer reasonably suspects the person is unwilling or unable to move the thing immediately.\nThe police officer may take the thing to a place where the presence of the thing does not contravene the relevant Act or another Act.\nThis section does not apply to a vehicle or an animal.\n(sec.197-ssec.1) This section applies if a police officer lawfully enters a place or is at a public place and finds on the place a thing the police officer reasonably suspects is on the place in contravention of an Act.\n(sec.197-ssec.2) The police officer may seize the thing if the person in charge of the thing can not immediately be found.\n(sec.197-ssec.3) Also, the police officer may seize the thing if the person in charge of the thing can be found and the police officer reasonably suspects the person is unwilling or unable to move the thing immediately.\n(sec.197-ssec.4) The police officer may take the thing to a place where the presence of the thing does not contravene the relevant Act or another Act.\n(sec.197-ssec.5) This section does not apply to a vehicle or an animal.","sortOrder":498},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":"Accessing account information","content":"# Accessing account information","sortOrder":499},{"sectionNumber":"sec.197A","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.197A Definitions for pt 7\n\nIn this part—\naccount —\nmeans a facility or arrangement through which a financial institution accepts deposits or allows withdrawals; and\nincludes a facility or arrangement with a financial institution for a fixed term deposit or safety deposit box.\nfinancial institution includes—\na corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution, section 51 (xx); and\nanother corporation that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.\nsenior police officer means a police officer of at least the rank of inspector.\ns 197A ins 2014 No. 1 s 13\n- (a) means a facility or arrangement through which a financial institution accepts deposits or allows withdrawals; and\n- (b) includes a facility or arrangement with a financial institution for a fixed term deposit or safety deposit box.\n- (a) a corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution, section 51 (xx); and\n- (b) another corporation that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.","sortOrder":500},{"sectionNumber":"sec.197B","sectionType":"section","heading":"Giving notice to financial institution","content":"### sec.197B Giving notice to financial institution\n\nThis section applies if a senior police officer—\nreasonably suspects an offence has been committed, is being committed, or is about to be committed; and\nreasonably believes the advice sought in a notice under this section is required for—\ninvestigating the offence; or\ncommencing proceedings against a person for the offence; or\ntaking steps reasonably necessary to prevent the commission of the offence.\nA senior police officer may give a written notice to a financial institution stating a name and requiring the institution to advise the police officer—\nwhether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and\nif so, the name in which the account is or was held and the account number.\nAlso, a senior police officer may give a written notice to a financial institution stating a number and requiring the institution to advise the police officer—\nwhether an account with the stated number is held, or was held at any time, with the financial institution; and\nif so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.\nA notice under subsection (2) or (3) must also state each of the following—\nthe name and contact details of the senior police officer giving the notice;\nthat the police officer has the reasonable suspicion and belief required to give the notice under subsection (1) ;\nthat the financial institution must comply with the notice within a stated reasonable period;\nhow and to whom the advice must be given;\na description of the offence under section 197D .\nThe notice may state any other details that may help the financial institution identify an account.\nThe same notice may be given—\nabout more than 1 name or account number; and\nto more than 1 financial institution.\nWhen giving a notice under this section, the senior police officer giving the notice must make a written record of the reasons the officer has the reasonable suspicion and belief required to give the notice under subsection (1) .\ns 197B ins 2014 No. 1 s 13\n(sec.197B-ssec.1) This section applies if a senior police officer— reasonably suspects an offence has been committed, is being committed, or is about to be committed; and reasonably believes the advice sought in a notice under this section is required for— investigating the offence; or commencing proceedings against a person for the offence; or taking steps reasonably necessary to prevent the commission of the offence.\n(sec.197B-ssec.2) A senior police officer may give a written notice to a financial institution stating a name and requiring the institution to advise the police officer— whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and if so, the name in which the account is or was held and the account number.\n(sec.197B-ssec.3) Also, a senior police officer may give a written notice to a financial institution stating a number and requiring the institution to advise the police officer— whether an account with the stated number is held, or was held at any time, with the financial institution; and if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.\n(sec.197B-ssec.4) A notice under subsection (2) or (3) must also state each of the following— the name and contact details of the senior police officer giving the notice; that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1) ; that the financial institution must comply with the notice within a stated reasonable period; how and to whom the advice must be given; a description of the offence under section 197D .\n(sec.197B-ssec.5) The notice may state any other details that may help the financial institution identify an account.\n(sec.197B-ssec.6) The same notice may be given— about more than 1 name or account number; and to more than 1 financial institution.\n(sec.197B-ssec.7) When giving a notice under this section, the senior police officer giving the notice must make a written record of the reasons the officer has the reasonable suspicion and belief required to give the notice under subsection (1) .\n- (a) reasonably suspects an offence has been committed, is being committed, or is about to be committed; and\n- (b) reasonably believes the advice sought in a notice under this section is required for— (i) investigating the offence; or (ii) commencing proceedings against a person for the offence; or (iii) taking steps reasonably necessary to prevent the commission of the offence.\n- (i) investigating the offence; or\n- (ii) commencing proceedings against a person for the offence; or\n- (iii) taking steps reasonably necessary to prevent the commission of the offence.\n- (i) investigating the offence; or\n- (ii) commencing proceedings against a person for the offence; or\n- (iii) taking steps reasonably necessary to prevent the commission of the offence.\n- (a) whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and\n- (b) if so, the name in which the account is or was held and the account number.\n- (a) whether an account with the stated number is held, or was held at any time, with the financial institution; and\n- (b) if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.\n- (a) the name and contact details of the senior police officer giving the notice;\n- (b) that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1) ;\n- (c) that the financial institution must comply with the notice within a stated reasonable period;\n- (d) how and to whom the advice must be given;\n- (e) a description of the offence under section 197D .\n- (a) about more than 1 name or account number; and\n- (b) to more than 1 financial institution.","sortOrder":501},{"sectionNumber":"sec.197C","sectionType":"section","heading":"Protection from suits etc. in relation to action taken","content":"### sec.197C Protection from suits etc. in relation to action taken\n\nA person is not liable to any action, suit or proceeding in relation to action taken by the person—\nas required by a notice given under this part; or\nin the mistaken belief that the action was required by the notice.\ns 197C ins 2014 No. 1 s 13\n- (a) as required by a notice given under this part; or\n- (b) in the mistaken belief that the action was required by the notice.","sortOrder":502},{"sectionNumber":"sec.197D","sectionType":"section","heading":"Financial institution to comply with notice","content":"### sec.197D Financial institution to comply with notice\n\nA financial institution must comply with a notice given to it under this part.\nMaximum penalty—100 penalty units.\nHowever, a financial institution must comply with the notice only to the extent that records needed to comply with the notice are held by, or are under the control of, the institution.\nIt is a defence to a prosecution for an offence against subsection (1) for the financial institution to prove it—\ncould not reasonably comply with the notice within the period stated in the notice; and\ntook reasonable steps to comply with the notice; and\ngave the advice sought in the notice as soon as practicable after the period for compliance stated in the notice.\ns 197D ins 2014 No. 1 s 13\n(sec.197D-ssec.1) A financial institution must comply with a notice given to it under this part. Maximum penalty—100 penalty units.\n(sec.197D-ssec.2) However, a financial institution must comply with the notice only to the extent that records needed to comply with the notice are held by, or are under the control of, the institution.\n(sec.197D-ssec.3) It is a defence to a prosecution for an offence against subsection (1) for the financial institution to prove it— could not reasonably comply with the notice within the period stated in the notice; and took reasonable steps to comply with the notice; and gave the advice sought in the notice as soon as practicable after the period for compliance stated in the notice.\n- (a) could not reasonably comply with the notice within the period stated in the notice; and\n- (b) took reasonable steps to comply with the notice; and\n- (c) gave the advice sought in the notice as soon as practicable after the period for compliance stated in the notice.","sortOrder":503},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":504},{"sectionNumber":"sec.197E","sectionType":"section","heading":"Accessing information stored electronically on smartcard transport authorities","content":"### sec.197E Accessing information stored electronically on smartcard transport authorities\n\nA police officer may, without the consent of the holder of a smartcard transport authority, access information stored electronically on the document for exercising a power—\nunder a prescribed transport Act; or\nin relation to the Criminal Code , section 328A .\nThe Criminal Code , section 328A creates offences for the dangerous operation of a vehicle.\nIn this section—\naccess , in relation to information stored electronically on a smartcard transport authority, means view or take a copy of the information.\nprescribed transport Act means the following Acts—\nthe Tow Truck Act 2023 ;\nthe Transport Operations (Marine Safety) Act 1994 ;\nthe Transport Operations (Passenger Transport) Act 1994 ;\nthe Transport Operations (Road Use Management) Act 1995 .\nsmartcard transport authority means the following authorities—\na smartcard driver accreditation or smartcard assistant accreditation as defined in the Tow Truck Act 2023 , schedule 3 ;\na smartcard marine licence indicator as defined in the Transport Operations (Marine Safety) Act 1994 , schedule 1 ;\na smartcard driver authorisation as defined in the Transport Operations (Passenger Transport) Act 1994 , schedule 3 ;\na smartcard authority as defined in the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\ns 197E ins 2018 No. 2 s 12\namd 2023 No. 28 s 189\n(sec.197E-ssec.1) A police officer may, without the consent of the holder of a smartcard transport authority, access information stored electronically on the document for exercising a power— under a prescribed transport Act; or in relation to the Criminal Code , section 328A . The Criminal Code , section 328A creates offences for the dangerous operation of a vehicle.\n(sec.197E-ssec.2) In this section— access , in relation to information stored electronically on a smartcard transport authority, means view or take a copy of the information. prescribed transport Act means the following Acts— the Tow Truck Act 2023 ; the Transport Operations (Marine Safety) Act 1994 ; the Transport Operations (Passenger Transport) Act 1994 ; the Transport Operations (Road Use Management) Act 1995 . smartcard transport authority means the following authorities— a smartcard driver accreditation or smartcard assistant accreditation as defined in the Tow Truck Act 2023 , schedule 3 ; a smartcard marine licence indicator as defined in the Transport Operations (Marine Safety) Act 1994 , schedule 1 ; a smartcard driver authorisation as defined in the Transport Operations (Passenger Transport) Act 1994 , schedule 3 ; a smartcard authority as defined in the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\n- (a) under a prescribed transport Act; or\n- (b) in relation to the Criminal Code , section 328A . Note— The Criminal Code , section 328A creates offences for the dangerous operation of a vehicle.\n- (a) the Tow Truck Act 2023 ;\n- (b) the Transport Operations (Marine Safety) Act 1994 ;\n- (c) the Transport Operations (Passenger Transport) Act 1994 ;\n- (d) the Transport Operations (Road Use Management) Act 1995 .\n- (a) a smartcard driver accreditation or smartcard assistant accreditation as defined in the Tow Truck Act 2023 , schedule 3 ;\n- (b) a smartcard marine licence indicator as defined in the Transport Operations (Marine Safety) Act 1994 , schedule 1 ;\n- (c) a smartcard driver authorisation as defined in the Transport Operations (Passenger Transport) Act 1994 , schedule 3 ;\n- (d) a smartcard authority as defined in the Transport Operations (Road Use Management) Act 1995 , schedule 4 .","sortOrder":505},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Definition","content":"# Definition","sortOrder":506},{"sectionNumber":"sec.198","sectionType":"section","heading":"Meaning of financial institution for ch 8","content":"### sec.198 Meaning of financial institution for ch 8\n\nIn this chapter—\nfinancial institution includes—\na corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution, section 51 (xx); and\nanother entity that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.\ns 198 amd 2005 No. 45 s 3 sch 1\n- (a) a corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution, section 51 (xx); and\n- (d) another entity that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.","sortOrder":507},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Monitoring orders","content":"# Monitoring orders","sortOrder":508},{"sectionNumber":"sec.199","sectionType":"section","heading":"Monitoring order applications","content":"### sec.199 Monitoring order applications\n\nA police officer may apply to a Supreme Court judge for an order ( monitoring order ) directing a financial institution to give information to a police officer about a named person.\nThe application—\nmay be made without notice to any party; and\nmust—\nbe sworn and state the grounds on which the order is sought; and\ninclude information required under the responsibilities code about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\nSubsection (2) (b) applies only to—\ninformation kept in a register that the police officer may inspect; and\ninformation the police officer otherwise actually knows.\nThe judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 199 amd 2002 No. 68 s 333\n(sec.199-ssec.1) A police officer may apply to a Supreme Court judge for an order ( monitoring order ) directing a financial institution to give information to a police officer about a named person.\n(sec.199-ssec.2) The application— may be made without notice to any party; and must— be sworn and state the grounds on which the order is sought; and include information required under the responsibilities code about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n(sec.199-ssec.3) Subsection (2) (b) applies only to— information kept in a register that the police officer may inspect; and information the police officer otherwise actually knows.\n(sec.199-ssec.4) The judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) may be made without notice to any party; and\n- (b) must— (i) be sworn and state the grounds on which the order is sought; and (ii) include information required under the responsibilities code about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under the responsibilities code about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under the responsibilities code about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (a) information kept in a register that the police officer may inspect; and\n- (b) information the police officer otherwise actually knows.","sortOrder":509},{"sectionNumber":"sec.200","sectionType":"section","heading":"Making of monitoring order","content":"### sec.200 Making of monitoring order\n\nThe Supreme Court judge may make the monitoring order only if satisfied there are reasonable grounds for suspecting that the person named in the application—\nhas committed, or is about to commit, a confiscation offence; or\nwas involved in the commission, or is about to be involved in the commission, of a confiscation offence; or\nhas benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a confiscation offence; or\nhas been, or is about to be, involved in a serious crime related activity; or\nhas acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.\ns 200 amd 2002 No. 68 s 334\n- (a) has committed, or is about to commit, a confiscation offence; or\n- (b) was involved in the commission, or is about to be involved in the commission, of a confiscation offence; or\n- (c) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a confiscation offence; or\n- (d) has been, or is about to be, involved in a serious crime related activity; or\n- (e) has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.","sortOrder":510},{"sectionNumber":"sec.201","sectionType":"section","heading":"What monitoring order must state","content":"### sec.201 What monitoring order must state\n\nThe monitoring order must order a financial institution to give information obtained by the institution about transactions conducted through an account held by the named person with the institution and state—\nthe name or names in which the account is believed to be held; and\nthe type of information the institution is required to give; and\nthe period, of not more than 3 months from the date of its making, the order is in force; and\nthat the order applies to transactions conducted during the period stated in the order; and\nthat the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.\nIn this section—\ntransaction conducted through an account includes—\nthe making of a fixed term deposit; and\nin relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.\n(sec.201-ssec.1) The monitoring order must order a financial institution to give information obtained by the institution about transactions conducted through an account held by the named person with the institution and state— the name or names in which the account is believed to be held; and the type of information the institution is required to give; and the period, of not more than 3 months from the date of its making, the order is in force; and that the order applies to transactions conducted during the period stated in the order; and that the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.\n(sec.201-ssec.2) In this section— transaction conducted through an account includes— the making of a fixed term deposit; and in relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.\n- (a) the name or names in which the account is believed to be held; and\n- (b) the type of information the institution is required to give; and\n- (c) the period, of not more than 3 months from the date of its making, the order is in force; and\n- (d) that the order applies to transactions conducted during the period stated in the order; and\n- (e) that the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.\n- (a) the making of a fixed term deposit; and\n- (b) in relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.","sortOrder":511},{"sectionNumber":"sec.202","sectionType":"section","heading":"When period stated in monitoring order starts","content":"### sec.202 When period stated in monitoring order starts\n\nA monitoring order has effect from the start of the day notice of the order is given to the financial institution.","sortOrder":512},{"sectionNumber":"sec.203","sectionType":"section","heading":"Offence to contravene monitoring order","content":"### sec.203 Offence to contravene monitoring order\n\nA financial institution that has been given notice of a monitoring order must not knowingly—\ncontravene the order; or\nprovide false or misleading information in purported compliance with the order.\nMaximum penalty—1,000 penalty units.\n- (a) contravene the order; or\n- (b) provide false or misleading information in purported compliance with the order.","sortOrder":513},{"sectionNumber":"sec.204","sectionType":"section","heading":"Existence and operation of monitoring order not to be disclosed","content":"### sec.204 Existence and operation of monitoring order not to be disclosed\n\nA financial institution that is or has been subject to a monitoring order must not disclose the existence or the operation of the order to any person other than—\na police officer; or\nan officer or agent of the institution ( an institution officer ), for ensuring the order is complied with; or\na lawyer, for obtaining legal advice or representation in relation to the order.\nA person to whom the existence or operation of a monitoring order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not—\nwhile the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for—\nif the person is a police officer—performing the person’s duties; or\nif the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\nif the person is a lawyer—giving legal advice or making representations in relation to the order; or\nwhen the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\nSubsection (2) does not prevent a police officer disclosing the existence or operation of a monitoring order—\nfor, or in relation to, a legal proceeding; or\nin a proceeding before a court.\nA police officer can not be required to disclose to any court the existence or operation of a monitoring order.\nA person who contravenes subsection (1) or (2) commits a crime.\nMaximum penalty—350 penalty units or 7 years imprisonment.\nA reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order.\nIn this section—\nofficer , of a financial institution, means—\na secretary, executive officer or employee of the financial institution; or\nanyone who, under the Confiscation Act , is a director of the financial institution.\ns 204 amd 2002 No. 68 s 335\n(sec.204-ssec.1) A financial institution that is or has been subject to a monitoring order must not disclose the existence or the operation of the order to any person other than— a police officer; or an officer or agent of the institution ( an institution officer ), for ensuring the order is complied with; or a lawyer, for obtaining legal advice or representation in relation to the order.\n(sec.204-ssec.2) A person to whom the existence or operation of a monitoring order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not— while the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— if the person is a police officer—performing the person’s duties; or if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or if the person is a lawyer—giving legal advice or making representations in relation to the order; or when the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n(sec.204-ssec.3) Subsection (2) does not prevent a police officer disclosing the existence or operation of a monitoring order— for, or in relation to, a legal proceeding; or in a proceeding before a court.\n(sec.204-ssec.4) A police officer can not be required to disclose to any court the existence or operation of a monitoring order.\n(sec.204-ssec.5) A person who contravenes subsection (1) or (2) commits a crime. Maximum penalty—350 penalty units or 7 years imprisonment.\n(sec.204-ssec.6) A reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order.\n(sec.204-ssec.7) In this section— officer , of a financial institution, means— a secretary, executive officer or employee of the financial institution; or anyone who, under the Confiscation Act , is a director of the financial institution.\n- (a) a police officer; or\n- (b) an officer or agent of the institution ( an institution officer ), for ensuring the order is complied with; or\n- (c) a lawyer, for obtaining legal advice or representation in relation to the order.\n- (a) while the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— (i) if the person is a police officer—performing the person’s duties; or (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (i) if the person is a police officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (b) when the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n- (i) if the person is a police officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (a) for, or in relation to, a legal proceeding; or\n- (b) in a proceeding before a court.\n- (a) a secretary, executive officer or employee of the financial institution; or\n- (b) anyone who, under the Confiscation Act , is a director of the financial institution.","sortOrder":514},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Suspension orders","content":"# Suspension orders","sortOrder":515},{"sectionNumber":"sec.205","sectionType":"section","heading":"Suspension order application","content":"### sec.205 Suspension order application\n\nA police officer may apply to a Supreme Court judge for an order ( suspension order ) directing a financial institution to give information to a police officer about a named person.\nThe application—\nmay be made without notice to any person; and\nmust—\nbe sworn and state the grounds on which the order is sought; and\ninclude information required under the responsibilities code about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\nSubsection (2) (b) (ii) applies only to—\ninformation kept in a register that the police officer may inspect; and\ninformation the police officer otherwise actually knows.\nThe judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires.\nThe judge may require additional information supporting the application to be given by statutory declaration.\ns 205 ins 2002 No. 68 s 336\n(sec.205-ssec.1) A police officer may apply to a Supreme Court judge for an order ( suspension order ) directing a financial institution to give information to a police officer about a named person.\n(sec.205-ssec.2) The application— may be made without notice to any person; and must— be sworn and state the grounds on which the order is sought; and include information required under the responsibilities code about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n(sec.205-ssec.3) Subsection (2) (b) (ii) applies only to— information kept in a register that the police officer may inspect; and information the police officer otherwise actually knows.\n(sec.205-ssec.4) The judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires. The judge may require additional information supporting the application to be given by statutory declaration.\n- (a) may be made without notice to any person; and\n- (b) must— (i) be sworn and state the grounds on which the order is sought; and (ii) include information required under the responsibilities code about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under the responsibilities code about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (i) be sworn and state the grounds on which the order is sought; and\n- (ii) include information required under the responsibilities code about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.\n- (a) information kept in a register that the police officer may inspect; and\n- (b) information the police officer otherwise actually knows.","sortOrder":516},{"sectionNumber":"sec.206","sectionType":"section","heading":"Making of suspension order","content":"### sec.206 Making of suspension order\n\nThe Supreme Court judge may make the suspension order only if satisfied there are reasonable grounds for suspecting that the person named in the application—\nhas committed, or is about to commit, a confiscation offence; or\nwas involved in the commission, or is about to be involved in the commission, of a confiscation offence; or\nhas benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a confiscation offence; or\nhas been, or is about to be, involved in a serious crime related activity; or\nhas acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.\ns 206 ins 2002 No. 68 s 336\n- (a) has committed, or is about to commit, a confiscation offence; or\n- (b) was involved in the commission, or is about to be involved in the commission, of a confiscation offence; or\n- (c) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a confiscation offence; or\n- (d) has been, or is about to be, involved in a serious crime related activity; or\n- (e) has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.","sortOrder":517},{"sectionNumber":"sec.207","sectionType":"section","heading":"What suspension order must state","content":"### sec.207 What suspension order must state\n\nThe suspension order must order a financial institution—\nto notify a police officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and\nto notify a police officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and\nto refrain from completing or effecting the transaction for 48 hours, unless a named police officer gives the financial institution written consent to the transaction being completed immediately.\nIn addition, the suspension order must state—\nthe name or names in which the account is believed to be held; and\nthe type of information the institution is required to give; and\nthe period, of not more than 3 months from the date of its making, the order is in force; and\nthat the order applies to transactions conducted during the period stated in the order; and\nthat the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.\ns 207 prev s 207 (prev s 172) renum 2000 No. 22 s 9\nom 2002 No. 39 s 167\npres s 207 ins 2002 No. 68 s 336\namd 2009 No. 48 s 169\n(sec.207-ssec.1) The suspension order must order a financial institution— to notify a police officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and to notify a police officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and to refrain from completing or effecting the transaction for 48 hours, unless a named police officer gives the financial institution written consent to the transaction being completed immediately.\n(sec.207-ssec.2) In addition, the suspension order must state— the name or names in which the account is believed to be held; and the type of information the institution is required to give; and the period, of not more than 3 months from the date of its making, the order is in force; and that the order applies to transactions conducted during the period stated in the order; and that the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.\n- (a) to notify a police officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and\n- (b) to notify a police officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and\n- (c) to refrain from completing or effecting the transaction for 48 hours, unless a named police officer gives the financial institution written consent to the transaction being completed immediately.\n- (a) the name or names in which the account is believed to be held; and\n- (b) the type of information the institution is required to give; and\n- (c) the period, of not more than 3 months from the date of its making, the order is in force; and\n- (d) that the order applies to transactions conducted during the period stated in the order; and\n- (e) that the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.","sortOrder":518},{"sectionNumber":"sec.208","sectionType":"section","heading":"When period stated in suspension order starts","content":"### sec.208 When period stated in suspension order starts\n\nA suspension order has effect from the time notice of the order is given to the financial institution.\ns 208 ins 2002 No. 68 s 336","sortOrder":519},{"sectionNumber":"sec.209","sectionType":"section","heading":"Contravention of suspension order","content":"### sec.209 Contravention of suspension order\n\nA financial institution that has been given notice of a suspension order must not knowingly—\ncontravene the order; or\nprovide false or misleading information in purported compliance with the order.\nMaximum penalty—1,000 penalty units.\ns 209 ins 2002 No. 68 s 336\n- (a) contravene the order; or\n- (b) provide false or misleading information in purported compliance with the order.","sortOrder":520},{"sectionNumber":"sec.210","sectionType":"section","heading":"Existence and operation of suspension order not to be disclosed","content":"### sec.210 Existence and operation of suspension order not to be disclosed\n\nA financial institution that is or has been subject to a suspension order must not disclose the existence or the operation of the order to any person other than—\na police officer; or\nan officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or\na lawyer, for obtaining legal advice or representation in relation to the order.\nA person to whom the existence or operation of a suspension order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not—\nwhile the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for—\nif the person is a police officer—performing the person’s duties; or\nif the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\nif the person is a lawyer—giving legal advice or making representations in relation to the order; or\nwhen the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\nSubsection (2) does not prevent a police officer disclosing the existence or operation of a suspension order—\nfor, or in relation to, a legal proceeding; or\nin a proceeding before a court.\nA police officer can not be required to disclose to any court the existence or operation of a suspension order.\nA person who contravenes subsection (1) or (2) commits a crime.\nMaximum penalty—350 penalty units or 7 years imprisonment.\nA reference in this section to disclosing the existence or operation of a suspension order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the suspension order.\nIn this section—\nofficer , of a financial institution, means—\na secretary, executive officer or employee of the financial institution; or\nanyone who, under the Confiscation Act , is a director of the financial institution.\ns 210 ins 2002 No. 68 s 336\n(sec.210-ssec.1) A financial institution that is or has been subject to a suspension order must not disclose the existence or the operation of the order to any person other than— a police officer; or an officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or a lawyer, for obtaining legal advice or representation in relation to the order.\n(sec.210-ssec.2) A person to whom the existence or operation of a suspension order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not— while the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— if the person is a police officer—performing the person’s duties; or if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or if the person is a lawyer—giving legal advice or making representations in relation to the order; or when the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n(sec.210-ssec.3) Subsection (2) does not prevent a police officer disclosing the existence or operation of a suspension order— for, or in relation to, a legal proceeding; or in a proceeding before a court.\n(sec.210-ssec.4) A police officer can not be required to disclose to any court the existence or operation of a suspension order.\n(sec.210-ssec.5) A person who contravenes subsection (1) or (2) commits a crime. Maximum penalty—350 penalty units or 7 years imprisonment.\n(sec.210-ssec.6) A reference in this section to disclosing the existence or operation of a suspension order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the suspension order.\n(sec.210-ssec.7) In this section— officer , of a financial institution, means— a secretary, executive officer or employee of the financial institution; or anyone who, under the Confiscation Act , is a director of the financial institution.\n- (a) a police officer; or\n- (b) an officer or agent of the institution (an institution officer ), for ensuring the order is complied with; or\n- (c) a lawyer, for obtaining legal advice or representation in relation to the order.\n- (a) while the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for— (i) if the person is a police officer—performing the person’s duties; or (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (i) if the person is a police officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (b) when the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.\n- (i) if the person is a police officer—performing the person’s duties; or\n- (ii) if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or\n- (iii) if the person is a lawyer—giving legal advice or making representations in relation to the order; or\n- (a) for, or in relation to, a legal proceeding; or\n- (b) in a proceeding before a court.\n- (a) a secretary, executive officer or employee of the financial institution; or\n- (b) anyone who, under the Confiscation Act , is a director of the financial institution.","sortOrder":521},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":522},{"sectionNumber":"ch.8-pt.4-div.1","sectionType":"division","heading":null,"content":"","sortOrder":523},{"sectionNumber":"ch.8-pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":524},{"sectionNumber":"ch.8-pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":525},{"sectionNumber":"ch.8-pt.4-div.4","sectionType":"division","heading":null,"content":"","sortOrder":526},{"sectionNumber":"ch.8-pt.4-div.5","sectionType":"division","heading":null,"content":"","sortOrder":527},{"sectionNumber":"ch.8-pt.4-div.6","sectionType":"division","heading":null,"content":"","sortOrder":528},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":529},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":530},{"sectionNumber":"sec.228","sectionType":"section","heading":"Purposes of ch 11","content":"### sec.228 Purposes of ch 11\n\nThe main purposes of this chapter are—\nto provide for the authorisation, conduct and monitoring of controlled operations, including operations conducted in this and 1 or more other jurisdictions, for any of the following purposes—\nobtaining evidence that may lead to the prosecution of persons for relevant offences;\nfrustrating the commission of relevant offences; and\nto facilitate the recognition of things done in relation to controlled operations authorised under laws of other jurisdictions corresponding to this chapter; and\nto ensure, as far as practicable, only appropriately trained persons may act as participants in authorised operations; and\nto ensure a person who may act as a participant in an authorised operation engages in otherwise unlawful activities only as part of the authorised operation; and\nto provide appropriate protection from civil and criminal liability for persons acting under this chapter; and\nto clarify the status of evidence obtained by participants in authorised operations.\ns 228 sub 2005 No. 45 ss 6 , 12\namd 2026 No. 4 s 22\n- (a) to provide for the authorisation, conduct and monitoring of controlled operations, including operations conducted in this and 1 or more other jurisdictions, for any of the following purposes— (i) obtaining evidence that may lead to the prosecution of persons for relevant offences; (ii) frustrating the commission of relevant offences; and\n- (i) obtaining evidence that may lead to the prosecution of persons for relevant offences;\n- (ii) frustrating the commission of relevant offences; and\n- (b) to facilitate the recognition of things done in relation to controlled operations authorised under laws of other jurisdictions corresponding to this chapter; and\n- (c) to ensure, as far as practicable, only appropriately trained persons may act as participants in authorised operations; and\n- (d) to ensure a person who may act as a participant in an authorised operation engages in otherwise unlawful activities only as part of the authorised operation; and\n- (e) to provide appropriate protection from civil and criminal liability for persons acting under this chapter; and\n- (f) to clarify the status of evidence obtained by participants in authorised operations.\n- (i) obtaining evidence that may lead to the prosecution of persons for relevant offences;\n- (ii) frustrating the commission of relevant offences; and","sortOrder":531},{"sectionNumber":"sec.229","sectionType":"section","heading":"Definitions for ch 11","content":"### sec.229 Definitions for ch 11\n\nIn this chapter—\nauthorised operation means a controlled operation for which an authority is in force.\nauthority means an authority in force under part 3 , and includes any variation of an authority.\ncivilian participant in an authorised operation means a participant in the operation who is not a law enforcement officer.\ncommittee means the controlled operations committee established under section 232 .\nconduct includes any act or omission.\ncontrolled conduct means conduct for which a person would, apart from section 258 or 265 , be criminally responsible.\ncontrolled operation means an operation that—\nis conducted, or intended to be conducted, for any of the following purposes—\nobtaining evidence that may lead to the prosecution of a person for a relevant offence;\nfrustrating the commission of a relevant offence; and\ninvolves, or may involve, controlled conduct.\ns 229 def controlled operation amd 2026 No. 4 s 23 (2)\ncorresponding authorised operation means an operation in the nature of a controlled operation that is authorised by or under the provisions of a corresponding law.\ncorresponding authority means an authority authorising a controlled operation, within the meaning of a corresponding law, that is in force under the corresponding law.\ncorresponding participant means a person who is authorised by a corresponding authority to participate in a corresponding authorised operation.\ncriminal activity means conduct that involves the commission of an offence by 1 or more persons.\nformal application see section 239 (2) (a) .\nformal authority see section 245 (1) (a) .\nformal variation application see section 248 (3) (a) .\nformal variation of authority see section 253 (1) (a) .\nfrustrate includes disrupt or prevent.\ns 229 def frustrate ins 2026 No. 4 s 23 (1)\nillicit goods means goods the possession of which is a contravention of the law of this jurisdiction.\ninspection entity , for a law enforcement agency, means—\nfor the police service—the independent member of the committee; or\nfor the CCC—the parliamentary commissioner.\ns 229 def inspection entity amd 2014 No. 21 s 94 (2) sch 2\nlaw enforcement participant in an authorised operation—\ngenerally—means a participant in the operation who is a law enforcement officer; and\nfor an authorised operation being conducted for the CCC—includes a participant in the operation who is a law enforcement officer of a declared agency engaged by the CCC for the operation.\ns 229 def law enforcement participant amd 2014 No. 21 s 94 (2) sch 2\nparticipant in an authorised operation means a person who is authorised under this chapter to engage in controlled conduct for the purposes of the operation.\nprincipal law enforcement officer for an authorised operation means the law enforcement officer who is responsible for the conduct of the operation.\nrelevant offence means—\na three year imprisonment offence; or\nan indictable offence included in schedule 2 .\ns 229 def relevant offence amd 2026 No. 4 s 23 (3)\nreport entity , for a law enforcement agency, means—\nfor the police service—the independent member of the committee; or\nfor the CCC—the parliamentary commissioner.\ns 229 def report entity amd 2014 No. 21 s 94 (2) sch 2\nsuspect means a person reasonably suspected of having committed or being likely to have committed, or of committing or being likely to be committing, a relevant offence.\nurgent application see section 239 (2) (b) .\nurgent authority see section 245 (1) (b) .\nurgent variation application see section 248 (3) (b) .\nurgent variation of authority see section 253 (1) (b) .\ns 229 sub 2005 No. 45 ss 6 , 12\n- (a) is conducted, or intended to be conducted, for any of the following purposes— (i) obtaining evidence that may lead to the prosecution of a person for a relevant offence; (ii) frustrating the commission of a relevant offence; and\n- (i) obtaining evidence that may lead to the prosecution of a person for a relevant offence;\n- (ii) frustrating the commission of a relevant offence; and\n- (b) involves, or may involve, controlled conduct.\n- (i) obtaining evidence that may lead to the prosecution of a person for a relevant offence;\n- (ii) frustrating the commission of a relevant offence; and\n- (a) for the police service—the independent member of the committee; or\n- (b) for the CCC—the parliamentary commissioner.\n- (a) generally—means a participant in the operation who is a law enforcement officer; and\n- (b) for an authorised operation being conducted for the CCC—includes a participant in the operation who is a law enforcement officer of a declared agency engaged by the CCC for the operation.\n- (a) a three year imprisonment offence; or\n- (b) an indictable offence included in schedule 2 .\n- (a) for the police service—the independent member of the committee; or\n- (b) for the CCC—the parliamentary commissioner.","sortOrder":532},{"sectionNumber":"sec.230","sectionType":"section","heading":"Relationship to other laws and matters","content":"### sec.230 Relationship to other laws and matters\n\nThis chapter is not intended to affect any other law of this jurisdiction that authorises, controls or monitors the conduct of operations entirely within this jurisdiction—\nthat are for any of the following purposes—\nobtaining evidence that may lead to the prosecution of a person for a relevant offence;\nfrustrating the commission of a relevant offence; and\nthat involve, or may involve, conduct for which participants in the operation would otherwise be criminally responsible.\nAlso, this chapter does not affect the Crime and Corruption Act 2001 , chapter 3 , part 6A .\nAlso, this chapter is not intended to affect the investigation of minor matters or investigative activities in Queensland that, by their nature, can not be planned but involve the participation of law enforcement officers in activities that may be unlawful.\nSubject to subsections (1) to (3) , a controlled operation may be approved only under this chapter.\nA function conferred in relation to the activities of the CCC under this chapter is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act.\nIn deciding whether evidence should be admitted or excluded in any proceeding, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if—\nthe person was a participant or corresponding participant acting in the course of an authorised operation or corresponding authorised operation; and\nthe criminal activity was—\ncontrolled conduct as defined under this chapter or controlled conduct as defined under a corresponding law; or\nconduct for which the person is not criminally responsible because of section 258 (2) or a corresponding provision of a corresponding law.\nIn this section—\nfunction includes power.\ns 230 sub 2005 No. 45 ss 6 , 12\namd 2006 No. 26 s 35 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 62 s 493 s ch 1 pt 1 ; 2026 No. 4 s 24\n(sec.230-ssec.1) This chapter is not intended to affect any other law of this jurisdiction that authorises, controls or monitors the conduct of operations entirely within this jurisdiction— that are for any of the following purposes— obtaining evidence that may lead to the prosecution of a person for a relevant offence; frustrating the commission of a relevant offence; and that involve, or may involve, conduct for which participants in the operation would otherwise be criminally responsible.\n(sec.230-ssec.2) Also, this chapter does not affect the Crime and Corruption Act 2001 , chapter 3 , part 6A .\n(sec.230-ssec.3) Also, this chapter is not intended to affect the investigation of minor matters or investigative activities in Queensland that, by their nature, can not be planned but involve the participation of law enforcement officers in activities that may be unlawful.\n(sec.230-ssec.4) Subject to subsections (1) to (3) , a controlled operation may be approved only under this chapter.\n(sec.230-ssec.5) A function conferred in relation to the activities of the CCC under this chapter is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act.\n(sec.230-ssec.6) In deciding whether evidence should be admitted or excluded in any proceeding, the fact that the evidence was obtained as a result of a person engaging in criminal activity is to be disregarded if— the person was a participant or corresponding participant acting in the course of an authorised operation or corresponding authorised operation; and the criminal activity was— controlled conduct as defined under this chapter or controlled conduct as defined under a corresponding law; or conduct for which the person is not criminally responsible because of section 258 (2) or a corresponding provision of a corresponding law.\n(sec.230-ssec.7) In this section— function includes power.\n- (a) that are for any of the following purposes— (i) obtaining evidence that may lead to the prosecution of a person for a relevant offence; (ii) frustrating the commission of a relevant offence; and\n- (i) obtaining evidence that may lead to the prosecution of a person for a relevant offence;\n- (ii) frustrating the commission of a relevant offence; and\n- (b) that involve, or may involve, conduct for which participants in the operation would otherwise be criminally responsible.\n- (i) obtaining evidence that may lead to the prosecution of a person for a relevant offence;\n- (ii) frustrating the commission of a relevant offence; and\n- (a) the person was a participant or corresponding participant acting in the course of an authorised operation or corresponding authorised operation; and\n- (b) the criminal activity was— (i) controlled conduct as defined under this chapter or controlled conduct as defined under a corresponding law; or (ii) conduct for which the person is not criminally responsible because of section 258 (2) or a corresponding provision of a corresponding law.\n- (i) controlled conduct as defined under this chapter or controlled conduct as defined under a corresponding law; or\n- (ii) conduct for which the person is not criminally responsible because of section 258 (2) or a corresponding provision of a corresponding law.\n- (i) controlled conduct as defined under this chapter or controlled conduct as defined under a corresponding law; or\n- (ii) conduct for which the person is not criminally responsible because of section 258 (2) or a corresponding provision of a corresponding law.","sortOrder":533},{"sectionNumber":"sec.231","sectionType":"section","heading":"When a controlled operation is conducted in this jurisdiction","content":"### sec.231 When a controlled operation is conducted in this jurisdiction\n\nFor this chapter, a controlled operation in relation to a relevant offence is taken to be conducted in this jurisdiction, whether or not it is also conducted in another jurisdiction, if a participant in the operation is a law enforcement officer of this jurisdiction.\nThis provision is intended to cover the situation where an officer of this jurisdiction is conducting an operation in another jurisdiction for the purposes of investigating an offence of this jurisdiction, for example, a Queensland officer is investigating a conspiracy to import drugs into Queensland from New South Wales, and the operation is to be conducted entirely in New South Wales.\ns 231 sub 2005 No. 45 ss 6 , 12","sortOrder":534},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Controlled operations committee","content":"# Controlled operations committee","sortOrder":535},{"sectionNumber":"ch.11-pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":536},{"sectionNumber":"sec.232","sectionType":"section","heading":"Establishment of controlled operations committee","content":"### sec.232 Establishment of controlled operations committee\n\nThe controlled operations committee is established.\nThe committee must include—\nan independent member; and\nthe commissioner or the commissioner’s nominee; and\nthe CCC chairperson or the chairperson’s nominee.\nThe committee may also include anyone else the commissioner considers has appropriate knowledge or experience relevant to the performance of the committee’s functions.\ns 232 sub 2005 No. 45 ss 6 , 12\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ss 1 , 3\n(sec.232-ssec.1) The controlled operations committee is established.\n(sec.232-ssec.2) The committee must include— an independent member; and the commissioner or the commissioner’s nominee; and the CCC chairperson or the chairperson’s nominee.\n(sec.232-ssec.3) The committee may also include anyone else the commissioner considers has appropriate knowledge or experience relevant to the performance of the committee’s functions.\n- (a) an independent member; and\n- (b) the commissioner or the commissioner’s nominee; and\n- (c) the CCC chairperson or the chairperson’s nominee.","sortOrder":537},{"sectionNumber":"sec.233","sectionType":"section","heading":"Independent member","content":"### sec.233 Independent member\n\nThe Minister may appoint a retired Supreme Court or District Court judge to be the independent member of the committee.\nBefore appointing the independent member, the Minister must consult with the Premier and the Attorney-General about the proposed appointment.\ns 233 amd 2001 No. 22 s 4\nsub 2005 No. 45 ss 6 , 12\n(sec.233-ssec.1) The Minister may appoint a retired Supreme Court or District Court judge to be the independent member of the committee.\n(sec.233-ssec.2) Before appointing the independent member, the Minister must consult with the Premier and the Attorney-General about the proposed appointment.","sortOrder":538},{"sectionNumber":"sec.234","sectionType":"section","heading":"Acting independent member","content":"### sec.234 Acting independent member\n\nThe Minister may appoint a retired Supreme Court or District Court judge to act as the independent member—\nduring any vacancy in the office; or\nduring any period, or all periods, when the independent member is absent from duty or from the State or, for another reason, can not perform the duties of the office.\nBefore appointing the acting independent member, the Minister must consult with the Premier and the Attorney-General about the proposed appointment.\ns 234 sub 2005 No. 45 ss 6 , 12\n(sec.234-ssec.1) The Minister may appoint a retired Supreme Court or District Court judge to act as the independent member— during any vacancy in the office; or during any period, or all periods, when the independent member is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n(sec.234-ssec.2) Before appointing the acting independent member, the Minister must consult with the Premier and the Attorney-General about the proposed appointment.\n- (a) during any vacancy in the office; or\n- (b) during any period, or all periods, when the independent member is absent from duty or from the State or, for another reason, can not perform the duties of the office.","sortOrder":539},{"sectionNumber":"ch.11-pt.2-div.2","sectionType":"division","heading":"Functions, business and recommendations","content":"## Functions, business and recommendations","sortOrder":540},{"sectionNumber":"sec.235","sectionType":"section","heading":"Committee functions","content":"### sec.235 Committee functions\n\nThe committee has the following functions—\nto consider, and make recommendations about, applications referred to the committee by a chief executive officer for—\nan authority to conduct a controlled operation; or\nvariation of an authority for a controlled operation;\nany other function conferred on it under this or another Act.\ns 235 amd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 ss 6 , 12\n- (a) to consider, and make recommendations about, applications referred to the committee by a chief executive officer for— (i) an authority to conduct a controlled operation; or (ii) variation of an authority for a controlled operation;\n- (i) an authority to conduct a controlled operation; or\n- (ii) variation of an authority for a controlled operation;\n- (b) any other function conferred on it under this or another Act.\n- (i) an authority to conduct a controlled operation; or\n- (ii) variation of an authority for a controlled operation;","sortOrder":541},{"sectionNumber":"sec.236","sectionType":"section","heading":"Committee business","content":"### sec.236 Committee business\n\nThe committee may conduct its business only if the independent member is present.\nThe committee may otherwise conduct its business, including its meetings, in the way it considers appropriate.\nThe independent member is the chairperson of the committee.\nThe chairperson must record the committee recommendations in the way the chairperson considers appropriate.\ns 236 sub 2005 No. 45 ss 6 , 12\n(sec.236-ssec.1) The committee may conduct its business only if the independent member is present.\n(sec.236-ssec.2) The committee may otherwise conduct its business, including its meetings, in the way it considers appropriate.\n(sec.236-ssec.3) The independent member is the chairperson of the committee.\n(sec.236-ssec.4) The chairperson must record the committee recommendations in the way the chairperson considers appropriate.","sortOrder":542},{"sectionNumber":"sec.237","sectionType":"section","heading":"Committee recommendations","content":"### sec.237 Committee recommendations\n\nAfter considering an application and any other relevant material referred to it by a chief executive officer, the committee may recommend that the officer grant or refuse to grant authority for a particular controlled operation.\nHowever, the committee may recommend the grant of authority for a controlled operation only if satisfied, having regard to the nature and seriousness of a relevant offence to which the application relates, it is appropriate for persons to engage in controlled conduct for any of the following purposes—\nobtaining evidence that may lead to the conviction of a person for the offence;\nfrustrating the commission of the offence.\ns 237 ins 2005 No. 45 s 12\namd 2026 No. 4 s 25\n(sec.237-ssec.1) After considering an application and any other relevant material referred to it by a chief executive officer, the committee may recommend that the officer grant or refuse to grant authority for a particular controlled operation.\n(sec.237-ssec.2) However, the committee may recommend the grant of authority for a controlled operation only if satisfied, having regard to the nature and seriousness of a relevant offence to which the application relates, it is appropriate for persons to engage in controlled conduct for any of the following purposes— obtaining evidence that may lead to the conviction of a person for the offence; frustrating the commission of the offence.\n- (a) obtaining evidence that may lead to the conviction of a person for the offence;\n- (b) frustrating the commission of the offence.","sortOrder":543},{"sectionNumber":"ch.11-pt.2-div.3","sectionType":"division","heading":"Protection","content":"## Protection","sortOrder":544},{"sectionNumber":"sec.238","sectionType":"section","heading":"Protection for committee members","content":"### sec.238 Protection for committee members\n\nA member of the committee does not incur civil liability for an act done, or omission made, under this chapter.\nIf subsection (1) prevents a civil liability attaching to a member of the committee, the liability attaches instead to the State.\nAlso, a member of the committee does not incur criminal liability for an act done, or omission made in accordance with an authority given for a controlled operation under this chapter because of a recommendation made by the committee.\ns 238 ins 2005 No. 45 s 12\n(sec.238-ssec.1) A member of the committee does not incur civil liability for an act done, or omission made, under this chapter.\n(sec.238-ssec.2) If subsection (1) prevents a civil liability attaching to a member of the committee, the liability attaches instead to the State.\n(sec.238-ssec.3) Also, a member of the committee does not incur criminal liability for an act done, or omission made in accordance with an authority given for a controlled operation under this chapter because of a recommendation made by the committee.","sortOrder":545},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Authorisation of controlled operations","content":"# Authorisation of controlled operations","sortOrder":546},{"sectionNumber":"ch.11-pt.3-div.1","sectionType":"division","heading":"Procedure for authorising controlled operations","content":"## Procedure for authorising controlled operations","sortOrder":547},{"sectionNumber":"sec.239","sectionType":"section","heading":"Application for authority to conduct controlled operation","content":"### sec.239 Application for authority to conduct controlled operation\n\nA law enforcement officer of a law enforcement agency may apply to the chief executive officer of the agency for authority to conduct a controlled operation on behalf of the agency.\nAn application for an authority may be made—\nby way of a written document signed by the applicant (a formal application ); or\nif the applicant reasonably believes that the delay caused by making a formal application may affect the success of the operation—orally in person or under section 800 (an urgent application ).\nNothing in this part prevents an application for an authority being made for a controlled operation that has been the subject of a previous application, but in that case the subsequent application must be a formal application.\nIn an application, whether formal or urgent, the applicant must—\nprovide sufficient information to enable the chief executive officer to decide whether or not to grant the application; and\nstate—\nwhether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and\nif the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and\nif the authority was given, the type of controlled operation authorised.\nIn particular, the information mentioned in subsection (4) (a) must include the following for the proposed operation—\nan identifying name or number;\na description of the criminal activity in relation to which it is proposed to conduct the operation;\nthe name of each person who it is intended will act as a participant in the operation;\na precise description of the controlled conduct a civilian participant will be required to engage in for the operation;\na general description of the controlled conduct a law enforcement participant will be required to engage in for the operation.\nThe chief executive officer may require the applicant to give additional information about the proposed controlled operation the chief executive officer considers appropriate for consideration of the application.\nAs soon as practicable after making an urgent application, the applicant must make a record in writing of the application and give a copy of it to the chief executive officer.\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\ns 239 ins 2005 No. 45 s 12\n(sec.239-ssec.1) A law enforcement officer of a law enforcement agency may apply to the chief executive officer of the agency for authority to conduct a controlled operation on behalf of the agency.\n(sec.239-ssec.2) An application for an authority may be made— by way of a written document signed by the applicant (a formal application ); or if the applicant reasonably believes that the delay caused by making a formal application may affect the success of the operation—orally in person or under section 800 (an urgent application ).\n(sec.239-ssec.3) Nothing in this part prevents an application for an authority being made for a controlled operation that has been the subject of a previous application, but in that case the subsequent application must be a formal application.\n(sec.239-ssec.4) In an application, whether formal or urgent, the applicant must— provide sufficient information to enable the chief executive officer to decide whether or not to grant the application; and state— whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and if the authority was given, the type of controlled operation authorised.\n(sec.239-ssec.5) In particular, the information mentioned in subsection (4) (a) must include the following for the proposed operation— an identifying name or number; a description of the criminal activity in relation to which it is proposed to conduct the operation; the name of each person who it is intended will act as a participant in the operation; a precise description of the controlled conduct a civilian participant will be required to engage in for the operation; a general description of the controlled conduct a law enforcement participant will be required to engage in for the operation.\n(sec.239-ssec.6) The chief executive officer may require the applicant to give additional information about the proposed controlled operation the chief executive officer considers appropriate for consideration of the application.\n(sec.239-ssec.7) As soon as practicable after making an urgent application, the applicant must make a record in writing of the application and give a copy of it to the chief executive officer. The chief executive officer may delegate powers under this section—see part 6 , division 1 .\n- (a) by way of a written document signed by the applicant (a formal application ); or\n- (b) if the applicant reasonably believes that the delay caused by making a formal application may affect the success of the operation—orally in person or under section 800 (an urgent application ).\n- (a) provide sufficient information to enable the chief executive officer to decide whether or not to grant the application; and\n- (b) state— (i) whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and (ii) if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and (iii) if the authority was given, the type of controlled operation authorised.\n- (i) whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and\n- (ii) if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and\n- (iii) if the authority was given, the type of controlled operation authorised.\n- (i) whether or not the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority; and\n- (ii) if the proposed operation, or any other controlled operation in relation to the same criminal activity, has been the subject of an earlier application for an authority or variation of an authority, whether or not the authority was given or variation granted; and\n- (iii) if the authority was given, the type of controlled operation authorised.\n- (a) an identifying name or number;\n- (b) a description of the criminal activity in relation to which it is proposed to conduct the operation;\n- (c) the name of each person who it is intended will act as a participant in the operation;\n- (d) a precise description of the controlled conduct a civilian participant will be required to engage in for the operation;\n- (e) a general description of the controlled conduct a law enforcement participant will be required to engage in for the operation.","sortOrder":548},{"sectionNumber":"sec.240","sectionType":"section","heading":"Application must be referred to committee","content":"### sec.240 Application must be referred to committee\n\nThe chief executive officer must refer the application to the committee without deciding the application.\nHowever, if the chief executive officer considers the application does not have enough merit to justify referring it to the committee, the chief executive officer may refuse to refer the application to the committee.\nThis section is subject to sections 241 and 242 .\ns 240 ins 2005 No. 45 s 12\n(sec.240-ssec.1) The chief executive officer must refer the application to the committee without deciding the application.\n(sec.240-ssec.2) However, if the chief executive officer considers the application does not have enough merit to justify referring it to the committee, the chief executive officer may refuse to refer the application to the committee.\n(sec.240-ssec.3) This section is subject to sections 241 and 242 .","sortOrder":549},{"sectionNumber":"sec.241","sectionType":"section","heading":"Particular CCC controlled operations","content":"### sec.241 Particular CCC controlled operations\n\nThis section applies to an application made to the CCC chairperson for authority to conduct a controlled operation if a person to be investigated by the CCC under the proposed controlled operation is or may be a police officer.\nThe chairperson may grant the authority without referring the application to the committee but, before granting the authority, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed operation.\nHowever, the chairperson may grant an authority on an urgent application made to the chairperson without complying with subsection (2) , but must consult with the independent member about the controlled operation as soon as possible after granting the authority.\nSections 243 and 244 (2) do not apply to an application under this section.\ns 241 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 s 1\n(sec.241-ssec.1) This section applies to an application made to the CCC chairperson for authority to conduct a controlled operation if a person to be investigated by the CCC under the proposed controlled operation is or may be a police officer.\n(sec.241-ssec.2) The chairperson may grant the authority without referring the application to the committee but, before granting the authority, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed operation.\n(sec.241-ssec.3) However, the chairperson may grant an authority on an urgent application made to the chairperson without complying with subsection (2) , but must consult with the independent member about the controlled operation as soon as possible after granting the authority.\n(sec.241-ssec.4) Sections 243 and 244 (2) do not apply to an application under this section.","sortOrder":550},{"sectionNumber":"sec.242","sectionType":"section","heading":"Procedure in urgent circumstances other than if s 241 applies","content":"### sec.242 Procedure in urgent circumstances other than if s 241 applies\n\nThis section applies to an urgent application for authority to conduct a controlled operation made to a chief executive officer.\nHowever, this section does not apply if section 241 applies.\nThe chief executive officer may grant the authority without referring the application to the committee, but must refer the application to the committee as soon as practicable after granting the authority.\nSections 243 and 244 (2) do not apply to an application under this section.\nThe committee may consider the application as if the application had not been granted.\nThe chief executive officer must consider the committee’s recommendations on the application but is not bound by the recommendations.\ns 242 ins 2005 No. 45 s 12\n(sec.242-ssec.1) This section applies to an urgent application for authority to conduct a controlled operation made to a chief executive officer.\n(sec.242-ssec.2) However, this section does not apply if section 241 applies.\n(sec.242-ssec.3) The chief executive officer may grant the authority without referring the application to the committee, but must refer the application to the committee as soon as practicable after granting the authority.\n(sec.242-ssec.4) Sections 243 and 244 (2) do not apply to an application under this section.\n(sec.242-ssec.5) The committee may consider the application as if the application had not been granted.\n(sec.242-ssec.6) The chief executive officer must consider the committee’s recommendations on the application but is not bound by the recommendations.","sortOrder":551},{"sectionNumber":"sec.243","sectionType":"section","heading":"Deciding application","content":"### sec.243 Deciding application\n\nAfter considering an application for authority to conduct a controlled operation, any additional information given under section 239 (6) , and any recommendations of the committee, the chief executive officer—\nmay authorise the operation by granting the authority, with or without conditions; or\nmay refuse the application.\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\ns 243 ins 2005 No. 45 s 12\n- (a) may authorise the operation by granting the authority, with or without conditions; or\n- (b) may refuse the application.","sortOrder":552},{"sectionNumber":"sec.244","sectionType":"section","heading":"Matters to be taken into account","content":"### sec.244 Matters to be taken into account\n\nAn authority to conduct a controlled operation may not be granted unless the chief executive officer is satisfied on reasonable grounds—\nthat a relevant offence has been, is being, or is likely to be committed; and\nthat the nature and extent of the suspected criminal activity justifies the conduct of a controlled operation—\nin this jurisdiction; or\nin this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and\nthat any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and\nthat the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons, other than law enforcement officers, at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and\nthat the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of part 5 to be complied with; and\nthat the operation will not be conducted in a way that makes it likely for a person to be induced to commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and\nthat any conduct involved in the operation will not—\nseriously endanger the health or safety of any person; or\ncause the death of, or serious injury to, any person; or\ninvolve the commission of a sexual offence against any person; or\nresult in serious loss of or serious damage to property, other than illicit goods; and\nthat any role given to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer; and\nthat any proposed participant in the operation has received appropriate training for the purpose.\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\nAlso, the chief executive officer must not grant authority for a controlled operation unless the committee has recommended that the authority be granted.\nFor subsection (1) (g) (iii) , the following conduct does not involve the commission of a sexual offence against a person—\npossessing, distributing or editing material that depicts a sexual offence;\nadministering a website or chat group used by members to share materials that depict sexual offences\nproducing material that appears to depict a sexual offence provided the material does not depict a real person;\nthe use of artificial intelligence to fabricate material depicting a sexual offence\naltering material to change the appearance of a person or conduct depicted in the material\ncommunicating with a person suspected of—\ncommitting, or having committed, a sexual offence; or\nseeking to commit a sexual offence; or\noffering to engage in conduct that would constitute a sexual offence; or\nenabling another person to engage in conduct that would constitute a sexual offence.\nIn this section—\nchat group means a group of persons using electronic communication to communicate within the group, regardless of whether the service used for the communication is intended to be primarily used for that purpose.\ninstant messaging services, email or computer games\ndistributing see the Criminal Code , section 207A , definition distribute .\nmaterial see the Criminal Code , section 207A .\ns 244 ins 2005 No. 45 s 12\namd 2023 No. 21 s 50C\n(sec.244-ssec.1) An authority to conduct a controlled operation may not be granted unless the chief executive officer is satisfied on reasonable grounds— that a relevant offence has been, is being, or is likely to be committed; and that the nature and extent of the suspected criminal activity justifies the conduct of a controlled operation— in this jurisdiction; or in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons, other than law enforcement officers, at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of part 5 to be complied with; and that the operation will not be conducted in a way that makes it likely for a person to be induced to commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and that any conduct involved in the operation will not— seriously endanger the health or safety of any person; or cause the death of, or serious injury to, any person; or involve the commission of a sexual offence against any person; or result in serious loss of or serious damage to property, other than illicit goods; and that any role given to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer; and that any proposed participant in the operation has received appropriate training for the purpose. The chief executive officer may delegate powers under this section—see part 6 , division 1 .\n(sec.244-ssec.2) Also, the chief executive officer must not grant authority for a controlled operation unless the committee has recommended that the authority be granted.\n(sec.244-ssec.3) For subsection (1) (g) (iii) , the following conduct does not involve the commission of a sexual offence against a person— possessing, distributing or editing material that depicts a sexual offence; administering a website or chat group used by members to share materials that depict sexual offences producing material that appears to depict a sexual offence provided the material does not depict a real person; the use of artificial intelligence to fabricate material depicting a sexual offence altering material to change the appearance of a person or conduct depicted in the material communicating with a person suspected of— committing, or having committed, a sexual offence; or seeking to commit a sexual offence; or offering to engage in conduct that would constitute a sexual offence; or enabling another person to engage in conduct that would constitute a sexual offence.\n(sec.244-ssec.4) In this section— chat group means a group of persons using electronic communication to communicate within the group, regardless of whether the service used for the communication is intended to be primarily used for that purpose. instant messaging services, email or computer games distributing see the Criminal Code , section 207A , definition distribute . material see the Criminal Code , section 207A .\n- (a) that a relevant offence has been, is being, or is likely to be committed; and\n- (b) that the nature and extent of the suspected criminal activity justifies the conduct of a controlled operation— (i) in this jurisdiction; or (ii) in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and\n- (i) in this jurisdiction; or\n- (ii) in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and\n- (c) that any unlawful conduct involved in conducting the operation will be limited to the maximum extent consistent with conducting an effective controlled operation; and\n- (d) that the operation will be conducted in a way that will minimise the risk of more illicit goods being under the control of persons, other than law enforcement officers, at the end of the operation than are reasonably necessary to enable the officers to achieve the purpose of the controlled operation; and\n- (e) that the proposed controlled conduct will be capable of being accounted for in a way that will enable the reporting requirements of part 5 to be complied with; and\n- (f) that the operation will not be conducted in a way that makes it likely for a person to be induced to commit an offence against a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and\n- (g) that any conduct involved in the operation will not— (i) seriously endanger the health or safety of any person; or (ii) cause the death of, or serious injury to, any person; or (iii) involve the commission of a sexual offence against any person; or (iv) result in serious loss of or serious damage to property, other than illicit goods; and\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause the death of, or serious injury to, any person; or\n- (iii) involve the commission of a sexual offence against any person; or\n- (iv) result in serious loss of or serious damage to property, other than illicit goods; and\n- (h) that any role given to a civilian participant in the operation is not one that could be adequately performed by a law enforcement officer; and\n- (i) that any proposed participant in the operation has received appropriate training for the purpose.\n- (i) in this jurisdiction; or\n- (ii) in this jurisdiction and a participating jurisdiction, if the controlled operation will be or is likely to be conducted in those jurisdictions; and\n- (i) seriously endanger the health or safety of any person; or\n- (ii) cause the death of, or serious injury to, any person; or\n- (iii) involve the commission of a sexual offence against any person; or\n- (iv) result in serious loss of or serious damage to property, other than illicit goods; and\n- (a) possessing, distributing or editing material that depicts a sexual offence; Example— administering a website or chat group used by members to share materials that depict sexual offences\n- (b) producing material that appears to depict a sexual offence provided the material does not depict a real person; Examples— • the use of artificial intelligence to fabricate material depicting a sexual offence • altering material to change the appearance of a person or conduct depicted in the material\n- • the use of artificial intelligence to fabricate material depicting a sexual offence\n- • altering material to change the appearance of a person or conduct depicted in the material\n- (c) communicating with a person suspected of— (i) committing, or having committed, a sexual offence; or (ii) seeking to commit a sexual offence; or (iii) offering to engage in conduct that would constitute a sexual offence; or (iv) enabling another person to engage in conduct that would constitute a sexual offence.\n- (i) committing, or having committed, a sexual offence; or\n- (ii) seeking to commit a sexual offence; or\n- (iii) offering to engage in conduct that would constitute a sexual offence; or\n- (iv) enabling another person to engage in conduct that would constitute a sexual offence.\n- • the use of artificial intelligence to fabricate material depicting a sexual offence\n- • altering material to change the appearance of a person or conduct depicted in the material\n- (i) committing, or having committed, a sexual offence; or\n- (ii) seeking to commit a sexual offence; or\n- (iii) offering to engage in conduct that would constitute a sexual offence; or\n- (iv) enabling another person to engage in conduct that would constitute a sexual offence.","sortOrder":553},{"sectionNumber":"sec.245","sectionType":"section","heading":"Form of authority","content":"### sec.245 Form of authority\n\nAn authority to conduct a controlled operation may be granted—\nby way of a written document, signed by the chief executive officer (a formal authority ); or\nif the chief executive officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation—orally in person or under section 801 (an urgent authority ).\nThis part does not stop an authority being granted for a controlled operation that has been the subject of a previous authority, but in that case the subsequent authority must be a formal authority.\nAn authority, whether formal or urgent, must—\nstate an identifying name or number for the operation; and\nstate the name and rank or position of the person granting the authority; and\nstate the name of the principal law enforcement officer for the operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and\nstate whether the application was a formal application or an urgent application; and\nidentify each person who may engage in controlled conduct for the purposes of the operation; and\nstate the participating jurisdiction in which the controlled conduct is, or is likely to be, engaged in; and\nidentify the nature of the criminal activity, including the suspected relevant offences, in relation to which the controlled conduct is to be engaged in; and\nidentify—\nin relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and\nin relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and\nidentify, to the extent known, any suspect; and\nstate the period of validity of the authority, of not more than 6 months for a formal authority or 7 days for an urgent authority; and\nstate any conditions to which the conduct of the operation is subject; and\nstate the date and time when the authority is granted; and\nidentify, to the extent known—\nthe nature and quantity of any illicit goods that will be involved in the operation; and\nthe route through which those goods will pass in the course of the operation.\nA person is sufficiently identified for subsection (3) (e) if the person is identified—\nby an assumed name under which the person is operating; or\nby a code name or code number;\nif the assumed name, code name or code number can be matched to the person’s identity.\nThe chief executive officer must ensure that written notes are kept of the particulars mentioned in subsection (3) for each urgent authority and issue a written authority to the applicant as soon as practicable.\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\ns 245 ins 2005 No. 45 s 12\n(sec.245-ssec.1) An authority to conduct a controlled operation may be granted— by way of a written document, signed by the chief executive officer (a formal authority ); or if the chief executive officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation—orally in person or under section 801 (an urgent authority ).\n(sec.245-ssec.2) This part does not stop an authority being granted for a controlled operation that has been the subject of a previous authority, but in that case the subsequent authority must be a formal authority.\n(sec.245-ssec.3) An authority, whether formal or urgent, must— state an identifying name or number for the operation; and state the name and rank or position of the person granting the authority; and state the name of the principal law enforcement officer for the operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and state whether the application was a formal application or an urgent application; and identify each person who may engage in controlled conduct for the purposes of the operation; and state the participating jurisdiction in which the controlled conduct is, or is likely to be, engaged in; and identify the nature of the criminal activity, including the suspected relevant offences, in relation to which the controlled conduct is to be engaged in; and identify— in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and identify, to the extent known, any suspect; and state the period of validity of the authority, of not more than 6 months for a formal authority or 7 days for an urgent authority; and state any conditions to which the conduct of the operation is subject; and state the date and time when the authority is granted; and identify, to the extent known— the nature and quantity of any illicit goods that will be involved in the operation; and the route through which those goods will pass in the course of the operation.\n(sec.245-ssec.4) A person is sufficiently identified for subsection (3) (e) if the person is identified— by an assumed name under which the person is operating; or by a code name or code number; if the assumed name, code name or code number can be matched to the person’s identity.\n(sec.245-ssec.5) The chief executive officer must ensure that written notes are kept of the particulars mentioned in subsection (3) for each urgent authority and issue a written authority to the applicant as soon as practicable. The chief executive officer may delegate powers under this section—see part 6 , division 1 .\n- (a) by way of a written document, signed by the chief executive officer (a formal authority ); or\n- (b) if the chief executive officer is satisfied that the delay caused by granting a formal authority may affect the success of the operation—orally in person or under section 801 (an urgent authority ).\n- (a) state an identifying name or number for the operation; and\n- (b) state the name and rank or position of the person granting the authority; and\n- (c) state the name of the principal law enforcement officer for the operation and, if the principal law enforcement officer is not the applicant for the authority, the name of the applicant; and\n- (d) state whether the application was a formal application or an urgent application; and\n- (e) identify each person who may engage in controlled conduct for the purposes of the operation; and\n- (f) state the participating jurisdiction in which the controlled conduct is, or is likely to be, engaged in; and\n- (g) identify the nature of the criminal activity, including the suspected relevant offences, in relation to which the controlled conduct is to be engaged in; and\n- (h) identify— (i) in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and (ii) in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and\n- (i) in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and\n- (ii) in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and\n- (i) identify, to the extent known, any suspect; and\n- (j) state the period of validity of the authority, of not more than 6 months for a formal authority or 7 days for an urgent authority; and\n- (k) state any conditions to which the conduct of the operation is subject; and\n- (l) state the date and time when the authority is granted; and\n- (m) identify, to the extent known— (i) the nature and quantity of any illicit goods that will be involved in the operation; and (ii) the route through which those goods will pass in the course of the operation.\n- (i) the nature and quantity of any illicit goods that will be involved in the operation; and\n- (ii) the route through which those goods will pass in the course of the operation.\n- (i) in relation to the law enforcement participants, the nature of the controlled conduct that those participants may engage in; and\n- (ii) in relation to the civilian participants, the particular controlled conduct, if any, that each of the participants may engage in; and\n- (i) the nature and quantity of any illicit goods that will be involved in the operation; and\n- (ii) the route through which those goods will pass in the course of the operation.\n- (a) by an assumed name under which the person is operating; or\n- (b) by a code name or code number;","sortOrder":554},{"sectionNumber":"sec.246","sectionType":"section","heading":"Duration of authority","content":"### sec.246 Duration of authority\n\nUnless it is sooner cancelled, an authority has effect for the period of validity stated in it under section 245 (3) (j) .\ns 246 ins 2005 No. 45 s 12","sortOrder":555},{"sectionNumber":"ch.11-pt.3-div.2","sectionType":"division","heading":"Variation and cancellation of authorities","content":"## Variation and cancellation of authorities","sortOrder":556},{"sectionNumber":"sec.247","sectionType":"section","heading":"Variation of authority","content":"### sec.247 Variation of authority\n\nThe chief executive officer may vary an authority granted by the chief executive officer—\nat any time on the chief executive officer’s own initiative; or\non application under section 248 .\nHowever, a variation can not be made that has the effect of extending the period of validity of an urgent authority.\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\ns 247 ins 2005 No. 45 s 12\n(sec.247-ssec.1) The chief executive officer may vary an authority granted by the chief executive officer— at any time on the chief executive officer’s own initiative; or on application under section 248 .\n(sec.247-ssec.2) However, a variation can not be made that has the effect of extending the period of validity of an urgent authority. The chief executive officer may delegate powers under this section—see part 6 , division 1 .\n- (a) at any time on the chief executive officer’s own initiative; or\n- (b) on application under section 248 .","sortOrder":557},{"sectionNumber":"sec.248","sectionType":"section","heading":"Application for variation of authority","content":"### sec.248 Application for variation of authority\n\nThe principal law enforcement officer for an authorised operation, or any other law enforcement officer on behalf of the principal law enforcement officer, may apply to the chief executive officer for a variation of authority for any 1 or more of the following purposes—\nto extend the period of validity of the authority, other than as provided by section 247 (2) ;\nto authorise additional or alternative persons to engage in controlled conduct for the purposes of the operation;\nto authorise participants in the operation to engage in additional or alternative controlled conduct;\nto identify additional suspects, to the extent known.\nMore than 1 application for a variation may be made in relation to the same authority, but no single variation may extend the period of validity of an authority for more than 6 months at a time.\nAn application for a variation of an authority may be made—\nby way of a written document signed by the applicant (a formal variation application ); or\nif the applicant reasonably believes that the delay caused by making a formal application for variation may affect the success of the operation—orally in person or under section 800 (an urgent variation application ).\nIn an application, whether formal or urgent, the applicant must state—\nsufficient information to enable the chief executive officer to decide whether or not to grant the application; and\nwhether or not the proposed variation, or any other variation in relation to the same authorised operation, has been the subject of an earlier application for a variation; and\nif the proposed variation, or any other variation in relation to the same authorised operation, has been the subject of an earlier application for a variation—\nwhether or not the variation was granted; and\nif the variation was granted, the type of variation granted.\nThe chief executive officer may require the applicant to give additional information about the proposed variation the chief executive officer considers appropriate for consideration of the application.\ns 248 ins 2005 No. 45 s 12\n(sec.248-ssec.1) The principal law enforcement officer for an authorised operation, or any other law enforcement officer on behalf of the principal law enforcement officer, may apply to the chief executive officer for a variation of authority for any 1 or more of the following purposes— to extend the period of validity of the authority, other than as provided by section 247 (2) ; to authorise additional or alternative persons to engage in controlled conduct for the purposes of the operation; to authorise participants in the operation to engage in additional or alternative controlled conduct; to identify additional suspects, to the extent known.\n(sec.248-ssec.2) More than 1 application for a variation may be made in relation to the same authority, but no single variation may extend the period of validity of an authority for more than 6 months at a time.\n(sec.248-ssec.3) An application for a variation of an authority may be made— by way of a written document signed by the applicant (a formal variation application ); or if the applicant reasonably believes that the delay caused by making a formal application for variation may affect the success of the operation—orally in person or under section 800 (an urgent variation application ).\n(sec.248-ssec.4) In an application, whether formal or urgent, the applicant must state— sufficient information to enable the chief executive officer to decide whether or not to grant the application; and whether or not the proposed variation, or any other variation in relation to the same authorised operation, has been the subject of an earlier application for a variation; and if the proposed variation, or any other variation in relation to the same authorised operation, has been the subject of an earlier application for a variation— whether or not the variation was granted; and if the variation was granted, the type of variation granted.\n(sec.248-ssec.5) The chief executive officer may require the applicant to give additional information about the proposed variation the chief executive officer considers appropriate for consideration of the application.\n- (a) to extend the period of validity of the authority, other than as provided by section 247 (2) ;\n- (b) to authorise additional or alternative persons to engage in controlled conduct for the purposes of the operation;\n- (c) to authorise participants in the operation to engage in additional or alternative controlled conduct;\n- (d) to identify additional suspects, to the extent known.\n- (a) by way of a written document signed by the applicant (a formal variation application ); or\n- (b) if the applicant reasonably believes that the delay caused by making a formal application for variation may affect the success of the operation—orally in person or under section 800 (an urgent variation application ).\n- (a) sufficient information to enable the chief executive officer to decide whether or not to grant the application; and\n- (b) whether or not the proposed variation, or any other variation in relation to the same authorised operation, has been the subject of an earlier application for a variation; and\n- (c) if the proposed variation, or any other variation in relation to the same authorised operation, has been the subject of an earlier application for a variation— (i) whether or not the variation was granted; and (ii) if the variation was granted, the type of variation granted.\n- (i) whether or not the variation was granted; and\n- (ii) if the variation was granted, the type of variation granted.\n- (i) whether or not the variation was granted; and\n- (ii) if the variation was granted, the type of variation granted.","sortOrder":558},{"sectionNumber":"sec.249","sectionType":"section","heading":"Variation must be referred to committee","content":"### sec.249 Variation must be referred to committee\n\nThe chief executive officer must refer the proposed variation to the committee without deciding it, whether the chief executive officer is acting under section 247 (1) (a) or (b) .\nHowever, if—\nthe chief executive officer is acting under section 247 (1) (b) ; and\nthe chief executive officer considers the application does not have enough merit to justify referring it to the committee;\nthe chief executive officer may refuse to refer the application to the committee.\nThis section is subject to sections 250 and 251 .\ns 249 ins 2005 No. 45 s 12\n(sec.249-ssec.1) The chief executive officer must refer the proposed variation to the committee without deciding it, whether the chief executive officer is acting under section 247 (1) (a) or (b) .\n(sec.249-ssec.2) However, if— the chief executive officer is acting under section 247 (1) (b) ; and the chief executive officer considers the application does not have enough merit to justify referring it to the committee; the chief executive officer may refuse to refer the application to the committee.\n(sec.249-ssec.3) This section is subject to sections 250 and 251 .\n- (a) the chief executive officer is acting under section 247 (1) (b) ; and\n- (b) the chief executive officer considers the application does not have enough merit to justify referring it to the committee;","sortOrder":559},{"sectionNumber":"sec.250","sectionType":"section","heading":"Particular CCC controlled operations","content":"### sec.250 Particular CCC controlled operations\n\nThis section applies if—\nan application for the variation of an authority for a controlled operation is made to the CCC chairperson under section 248 ; and\nthe chairperson had granted the authority because the operation related to a person who was or who might be a police officer.\nThe chairperson may vary the authority without referring the application to the committee but, before varying the authority, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed variation.\nHowever, the chairperson may vary an authority on an application made to the chairperson in urgent circumstances without complying with subsection (2) , but must consult with the independent member about the variation as soon as possible after granting it.\ns 250 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 s 1\n(sec.250-ssec.1) This section applies if— an application for the variation of an authority for a controlled operation is made to the CCC chairperson under section 248 ; and the chairperson had granted the authority because the operation related to a person who was or who might be a police officer.\n(sec.250-ssec.2) The chairperson may vary the authority without referring the application to the committee but, before varying the authority, the chairperson must consult with the independent member and obtain the independent member’s agreement to the proposed variation.\n(sec.250-ssec.3) However, the chairperson may vary an authority on an application made to the chairperson in urgent circumstances without complying with subsection (2) , but must consult with the independent member about the variation as soon as possible after granting it.\n- (a) an application for the variation of an authority for a controlled operation is made to the CCC chairperson under section 248 ; and\n- (b) the chairperson had granted the authority because the operation related to a person who was or who might be a police officer.","sortOrder":560},{"sectionNumber":"sec.251","sectionType":"section","heading":"Procedure in urgent circumstances other than if s 250 applies","content":"### sec.251 Procedure in urgent circumstances other than if s 250 applies\n\nThis section applies to an application for the variation of an authority for a controlled operation made to a chief executive officer in urgent circumstances.\nHowever, this section does not apply if section 250 applies.\nThe chief executive officer may grant the application without referring it to the committee, but must refer the application to the committee as soon as practicable after granting it.\nThe committee may consider the application as if the application had not been granted.\nSection 252 (1) and (3) do not apply to the grant of a variation of an authority under this section.\nThe chief executive officer must consider the committee’s recommendations on the application but is not bound by the recommendations.\nA variation under subsection (3) may only take effect for a maximum period of 7 days decided by the chief executive officer.\ns 251 ins 2005 No. 45 s 12\n(sec.251-ssec.1) This section applies to an application for the variation of an authority for a controlled operation made to a chief executive officer in urgent circumstances.\n(sec.251-ssec.2) However, this section does not apply if section 250 applies.\n(sec.251-ssec.3) The chief executive officer may grant the application without referring it to the committee, but must refer the application to the committee as soon as practicable after granting it.\n(sec.251-ssec.4) The committee may consider the application as if the application had not been granted.\n(sec.251-ssec.5) Section 252 (1) and (3) do not apply to the grant of a variation of an authority under this section.\n(sec.251-ssec.6) The chief executive officer must consider the committee’s recommendations on the application but is not bound by the recommendations.\n(sec.251-ssec.7) A variation under subsection (3) may only take effect for a maximum period of 7 days decided by the chief executive officer.","sortOrder":561},{"sectionNumber":"sec.252","sectionType":"section","heading":"Deciding the application to vary the authority","content":"### sec.252 Deciding the application to vary the authority\n\nAfter considering an application for a variation of authority, any additional information given under section 248 (5) , and any recommendations of the committee, the chief executive officer—\nmay vary the authority in accordance with the application, with or without conditions; or\nmay refuse the application.\nSection 244 (1) applies to an application for a variation of authority under this division in the same way as it applies to an application for authority under section 239 .\nWithout limiting subsection (2) , a variation of an authority may not be granted—\nunless the chief executive officer is satisfied on reasonable grounds that the variation will not authorise a significant change to the nature of the authorised operation concerned; and\nunless the committee has recommended the application be granted.\ns 252 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\n(sec.252-ssec.1) After considering an application for a variation of authority, any additional information given under section 248 (5) , and any recommendations of the committee, the chief executive officer— may vary the authority in accordance with the application, with or without conditions; or may refuse the application.\n(sec.252-ssec.2) Section 244 (1) applies to an application for a variation of authority under this division in the same way as it applies to an application for authority under section 239 .\n(sec.252-ssec.3) Without limiting subsection (2) , a variation of an authority may not be granted— unless the chief executive officer is satisfied on reasonable grounds that the variation will not authorise a significant change to the nature of the authorised operation concerned; and unless the committee has recommended the application be granted.\n- (a) may vary the authority in accordance with the application, with or without conditions; or\n- (b) may refuse the application.\n- (a) unless the chief executive officer is satisfied on reasonable grounds that the variation will not authorise a significant change to the nature of the authorised operation concerned; and\n- (b) unless the committee has recommended the application be granted.","sortOrder":562},{"sectionNumber":"sec.253","sectionType":"section","heading":"Way to vary authority","content":"### sec.253 Way to vary authority\n\nAn authority may be varied, on application or otherwise, only—\nby way of a written document signed by the chief executive officer (a formal variation of authority ); or\nif the person granting the variation is satisfied that the delay caused by granting a formal variation of authority may affect the success of the operation—orally in person or under section 801 (an urgent variation of authority ).\nThe chief executive officer—\nmust ensure that written notes are kept of—\nthe date and time when the authority was varied; and\nthe identity of the law enforcement officer to whom the variation of authority was granted; and\nmust, as soon as practicable, prepare and give to the applicant a written document that complies with section 254 .\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\ns 253 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2016 No. 62 s 493 s ch 1 pt 1\n(sec.253-ssec.1) An authority may be varied, on application or otherwise, only— by way of a written document signed by the chief executive officer (a formal variation of authority ); or if the person granting the variation is satisfied that the delay caused by granting a formal variation of authority may affect the success of the operation—orally in person or under section 801 (an urgent variation of authority ).\n(sec.253-ssec.2) The chief executive officer— must ensure that written notes are kept of— the date and time when the authority was varied; and the identity of the law enforcement officer to whom the variation of authority was granted; and must, as soon as practicable, prepare and give to the applicant a written document that complies with section 254 . The chief executive officer may delegate powers under this section—see part 6 , division 1 .\n- (a) by way of a written document signed by the chief executive officer (a formal variation of authority ); or\n- (b) if the person granting the variation is satisfied that the delay caused by granting a formal variation of authority may affect the success of the operation—orally in person or under section 801 (an urgent variation of authority ).\n- (a) must ensure that written notes are kept of— (i) the date and time when the authority was varied; and (ii) the identity of the law enforcement officer to whom the variation of authority was granted; and\n- (i) the date and time when the authority was varied; and\n- (ii) the identity of the law enforcement officer to whom the variation of authority was granted; and\n- (b) must, as soon as practicable, prepare and give to the applicant a written document that complies with section 254 .\n- (i) the date and time when the authority was varied; and\n- (ii) the identity of the law enforcement officer to whom the variation of authority was granted; and","sortOrder":563},{"sectionNumber":"sec.254","sectionType":"section","heading":"Form of variation of authority","content":"### sec.254 Form of variation of authority\n\nA variation of authority, whether formal or urgent, must state—\nan identifying name or number for the operation; and\nthe name and rank or position of the person granting the variation of authority; and\nthe date and time when the authority was varied; and\nthe provision of this chapter under which the variation was made; and\nthe period for which the variation has effect; and\nif the variation is made under section 248 —\nthe name of the applicant; and\nwhether the application was a formal variation application or an urgent variation application; and\na description of the variation having regard to the purposes mentioned in section 248 (1) for which the application was made.\ns 254 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\n- (a) an identifying name or number for the operation; and\n- (b) the name and rank or position of the person granting the variation of authority; and\n- (c) the date and time when the authority was varied; and\n- (d) the provision of this chapter under which the variation was made; and\n- (e) the period for which the variation has effect; and\n- (f) if the variation is made under section 248 — (i) the name of the applicant; and (ii) whether the application was a formal variation application or an urgent variation application; and\n- (i) the name of the applicant; and\n- (ii) whether the application was a formal variation application or an urgent variation application; and\n- (g) a description of the variation having regard to the purposes mentioned in section 248 (1) for which the application was made.\n- (i) the name of the applicant; and\n- (ii) whether the application was a formal variation application or an urgent variation application; and","sortOrder":564},{"sectionNumber":"sec.255","sectionType":"section","heading":"Cancellation of authority","content":"### sec.255 Cancellation of authority\n\nThe chief executive officer may, by notice in writing given to the principal law enforcement officer for an authorised operation, cancel the authority at any time and for any reason.\nWithout limiting subsection (1) , the chief executive officer may cancel an authority for an authorised operation at any time at the request of the principal law enforcement officer for the operation.\nCancellation of an authority for a controlled operation takes effect at the time the notice is given or at the later time stated in the notice.\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\ns 255 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n(sec.255-ssec.1) The chief executive officer may, by notice in writing given to the principal law enforcement officer for an authorised operation, cancel the authority at any time and for any reason.\n(sec.255-ssec.2) Without limiting subsection (1) , the chief executive officer may cancel an authority for an authorised operation at any time at the request of the principal law enforcement officer for the operation.\n(sec.255-ssec.3) Cancellation of an authority for a controlled operation takes effect at the time the notice is given or at the later time stated in the notice. The chief executive officer may delegate powers under this section—see part 6 , division 1 .","sortOrder":565},{"sectionNumber":"ch.11-pt.3-div.3","sectionType":"division","heading":"Effect of authority","content":"## Effect of authority","sortOrder":566},{"sectionNumber":"sec.256","sectionType":"section","heading":"Effect of authority","content":"### sec.256 Effect of authority\n\nWhile it has effect, an authority for a controlled operation—\nauthorises each law enforcement participant to engage in the controlled conduct stated in the authority in relation to the law enforcement participants; and\nauthorises each civilian participant, if any, to engage in the particular controlled conduct, if any, stated in the authority in relation to that participant; and\nauthorises each participant to engage in that conduct in this jurisdiction or any participating jurisdiction, subject to the corresponding law of the participating jurisdiction.\nThe authority to engage in controlled conduct given to a participant can not be delegated to any other person.\ns 256 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n(sec.256-ssec.1) While it has effect, an authority for a controlled operation— authorises each law enforcement participant to engage in the controlled conduct stated in the authority in relation to the law enforcement participants; and authorises each civilian participant, if any, to engage in the particular controlled conduct, if any, stated in the authority in relation to that participant; and authorises each participant to engage in that conduct in this jurisdiction or any participating jurisdiction, subject to the corresponding law of the participating jurisdiction.\n(sec.256-ssec.2) The authority to engage in controlled conduct given to a participant can not be delegated to any other person.\n- (a) authorises each law enforcement participant to engage in the controlled conduct stated in the authority in relation to the law enforcement participants; and\n- (b) authorises each civilian participant, if any, to engage in the particular controlled conduct, if any, stated in the authority in relation to that participant; and\n- (c) authorises each participant to engage in that conduct in this jurisdiction or any participating jurisdiction, subject to the corresponding law of the participating jurisdiction.","sortOrder":567},{"sectionNumber":"sec.257","sectionType":"section","heading":"Defect in authority","content":"### sec.257 Defect in authority\n\nAn application for authority or variation of authority, and any authority or variation of authority granted on the basis of that type of application, is not invalidated by any defect, other than a defect that affects the application, authority or variation in a material particular.\ns 257 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12","sortOrder":568},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Conduct of controlled operations","content":"# Conduct of controlled operations","sortOrder":569},{"sectionNumber":"ch.11-pt.4-div.1","sectionType":"division","heading":"Controlled conduct engaged in for controlled operations","content":"## Controlled conduct engaged in for controlled operations","sortOrder":570},{"sectionNumber":"sec.258","sectionType":"section","heading":"Protection from criminal responsibility for controlled conduct during authorised operations","content":"### sec.258 Protection from criminal responsibility for controlled conduct during authorised operations\n\nDespite any other Act or law of this jurisdiction, a participant who engages in conduct, whether in this jurisdiction or elsewhere, in an authorised operation in the course of, and for the purposes of, the operation, is not, if engaging in that conduct is an offence, criminally responsible for the offence, if—\nthe conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; and\nthe conduct does not involve the participant intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and\nthe conduct does not involve the participant engaging in any conduct that is likely to—\ncause the death of, or serious injury to, any person; or\ninvolve the commission of a sexual offence against any person; and\nif the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer.\nAlso, a law enforcement officer is not criminally responsible for conduct that, because of an authorised operation, was reasonably necessary to—\nprotect the safety of any person; or\nprotect the identity of a participant; or\ntake advantage of an opportunity to—\nobtain evidence about a relevant offence not mentioned in the authority; or\nfrustrate the commission of a relevant offence not mentioned in the authority.\nHowever, subsection (2) does not relieve a law enforcement officer from criminal responsibility for conduct if the conduct results in—\ninjury to, or the death of, a person; or\nserious damage to property; or\na serious loss of property; or\na person being encouraged or induced by the officer to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the officer to engage in it.\ns 258 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2026 No. 4 s 26\n(sec.258-ssec.1) Despite any other Act or law of this jurisdiction, a participant who engages in conduct, whether in this jurisdiction or elsewhere, in an authorised operation in the course of, and for the purposes of, the operation, is not, if engaging in that conduct is an offence, criminally responsible for the offence, if— the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; and the conduct does not involve the participant intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and the conduct does not involve the participant engaging in any conduct that is likely to— cause the death of, or serious injury to, any person; or involve the commission of a sexual offence against any person; and if the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer.\n(sec.258-ssec.2) Also, a law enforcement officer is not criminally responsible for conduct that, because of an authorised operation, was reasonably necessary to— protect the safety of any person; or protect the identity of a participant; or take advantage of an opportunity to— obtain evidence about a relevant offence not mentioned in the authority; or frustrate the commission of a relevant offence not mentioned in the authority.\n(sec.258-ssec.3) However, subsection (2) does not relieve a law enforcement officer from criminal responsibility for conduct if the conduct results in— injury to, or the death of, a person; or serious damage to property; or a serious loss of property; or a person being encouraged or induced by the officer to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the officer to engage in it.\n- (a) the conduct is authorised by, and is engaged in, in accordance with, the authority for the operation; and\n- (b) the conduct does not involve the participant intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and\n- (c) the conduct does not involve the participant engaging in any conduct that is likely to— (i) cause the death of, or serious injury to, any person; or (ii) involve the commission of a sexual offence against any person; and\n- (i) cause the death of, or serious injury to, any person; or\n- (ii) involve the commission of a sexual offence against any person; and\n- (d) if the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer.\n- (i) cause the death of, or serious injury to, any person; or\n- (ii) involve the commission of a sexual offence against any person; and\n- (a) protect the safety of any person; or\n- (b) protect the identity of a participant; or\n- (c) take advantage of an opportunity to— (i) obtain evidence about a relevant offence not mentioned in the authority; or (ii) frustrate the commission of a relevant offence not mentioned in the authority.\n- (i) obtain evidence about a relevant offence not mentioned in the authority; or\n- (ii) frustrate the commission of a relevant offence not mentioned in the authority.\n- (i) obtain evidence about a relevant offence not mentioned in the authority; or\n- (ii) frustrate the commission of a relevant offence not mentioned in the authority.\n- (a) injury to, or the death of, a person; or\n- (b) serious damage to property; or\n- (c) a serious loss of property; or\n- (d) a person being encouraged or induced by the officer to engage in criminal activity of a kind the person could not reasonably be expected to have engaged in if not encouraged or induced by the officer to engage in it.","sortOrder":571},{"sectionNumber":"sec.259","sectionType":"section","heading":"Indemnification of participants against civil liability","content":"### sec.259 Indemnification of participants against civil liability\n\nThis section applies to a law enforcement agency if a controlled operation has been authorised by the chief executive officer of the agency under section 241 , 242 or 243 .\nThe law enforcement agency must indemnify a participant in the authorised operation against any civil liability, including reasonable costs, the participant incurs because of conduct the participant engages in if—\nthe participant engages in the conduct in the course of, and for the purposes of, the operation in accordance with the authority for the operation; and\nthe conduct does not involve the participant intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and\nthe conduct does not involve the participant engaging in any conduct that is likely to—\ncause the death of, or serious injury to, any person; or\ninvolve the commission of a sexual offence against any person; and\nif the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer; and\nthe requirements, if any, stated under a regulation have been met.\ns 259 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n(sec.259-ssec.1) This section applies to a law enforcement agency if a controlled operation has been authorised by the chief executive officer of the agency under section 241 , 242 or 243 .\n(sec.259-ssec.2) The law enforcement agency must indemnify a participant in the authorised operation against any civil liability, including reasonable costs, the participant incurs because of conduct the participant engages in if— the participant engages in the conduct in the course of, and for the purposes of, the operation in accordance with the authority for the operation; and the conduct does not involve the participant intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and the conduct does not involve the participant engaging in any conduct that is likely to— cause the death of, or serious injury to, any person; or involve the commission of a sexual offence against any person; and if the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer; and the requirements, if any, stated under a regulation have been met.\n- (a) the participant engages in the conduct in the course of, and for the purposes of, the operation in accordance with the authority for the operation; and\n- (b) the conduct does not involve the participant intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit; and\n- (c) the conduct does not involve the participant engaging in any conduct that is likely to— (i) cause the death of, or serious injury to, any person; or (ii) involve the commission of a sexual offence against any person; and\n- (i) cause the death of, or serious injury to, any person; or\n- (ii) involve the commission of a sexual offence against any person; and\n- (d) if the participant is a civilian participant—the participant acts in accordance with the instructions of a law enforcement officer; and\n- (e) the requirements, if any, stated under a regulation have been met.\n- (i) cause the death of, or serious injury to, any person; or\n- (ii) involve the commission of a sexual offence against any person; and","sortOrder":572},{"sectionNumber":"sec.260","sectionType":"section","heading":"Effect of ss 258 – 259 on other laws relating to criminal investigation","content":"### sec.260 Effect of ss 258 – 259 on other laws relating to criminal investigation\n\nSections 258 and 259 do not apply to a person’s conduct that is, or could have been, authorised under this Act, apart from this chapter or another law of this jurisdiction, about the following—\narrest or detention of individuals;\nsearches of individuals;\nentry onto, or searches or inspection of, premises;\nsearches, inspections or seizures of other property;\nforensic procedures;\nelectronic surveillance devices;\nidentification procedures;\nthe acquisition or use of assumed identities;\nany other matter about powers of criminal investigation.\ns 260 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n- (a) arrest or detention of individuals;\n- (b) searches of individuals;\n- (c) entry onto, or searches or inspection of, premises;\n- (d) searches, inspections or seizures of other property;\n- (e) forensic procedures;\n- (f) electronic surveillance devices;\n- (g) identification procedures;\n- (h) the acquisition or use of assumed identities;\n- (i) any other matter about powers of criminal investigation.","sortOrder":573},{"sectionNumber":"sec.261","sectionType":"section","heading":"Effect of being unaware of variation or cancellation of authority","content":"### sec.261 Effect of being unaware of variation or cancellation of authority\n\nIf an authority for a controlled operation is varied in a way that limits its scope, this part continues to apply to a participant in the operation as if the authority had not been varied in that way, for as long as the participant—\nis unaware of the variation; and\nis not reckless about the existence of the variation.\nIf an authority for a controlled operation is cancelled, this part continues to apply to a participant in the operation as if the authority had not been cancelled, for as long as the participant—\nis unaware of the cancellation; and\nis not reckless about the existence of the cancellation.\nFor this section, a person is reckless about the existence of the variation or cancellation of an authority if—\nthe person is aware of a substantial risk that the variation or cancellation has happened; and\nhaving regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was, but may no longer be, authorised by the authority because of the variation or cancellation.\ns 261 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n(sec.261-ssec.1) If an authority for a controlled operation is varied in a way that limits its scope, this part continues to apply to a participant in the operation as if the authority had not been varied in that way, for as long as the participant— is unaware of the variation; and is not reckless about the existence of the variation.\n(sec.261-ssec.2) If an authority for a controlled operation is cancelled, this part continues to apply to a participant in the operation as if the authority had not been cancelled, for as long as the participant— is unaware of the cancellation; and is not reckless about the existence of the cancellation.\n(sec.261-ssec.3) For this section, a person is reckless about the existence of the variation or cancellation of an authority if— the person is aware of a substantial risk that the variation or cancellation has happened; and having regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was, but may no longer be, authorised by the authority because of the variation or cancellation.\n- (a) is unaware of the variation; and\n- (b) is not reckless about the existence of the variation.\n- (a) is unaware of the cancellation; and\n- (b) is not reckless about the existence of the cancellation.\n- (a) the person is aware of a substantial risk that the variation or cancellation has happened; and\n- (b) having regard to the circumstances known to the person, it is unjustifiable to continue to engage in conduct that was, but may no longer be, authorised by the authority because of the variation or cancellation.","sortOrder":574},{"sectionNumber":"sec.262","sectionType":"section","heading":"Protection from criminal responsibility for particular ancillary conduct","content":"### sec.262 Protection from criminal responsibility for particular ancillary conduct\n\nThis section applies to conduct, for example aiding or enabling the commission of an offence or conspiring to commit an offence ( ancillary conduct ), for which a person may be criminally responsible because it involves conduct engaged in by another person that is controlled conduct for which the other person would, apart from section 258 , be criminally responsible (the related controlled conduct ).\nThe Criminal Code , section 7 (1) (b) and (c) makes provision for a person who aids or enables the commission of an offence, and the Criminal Code , chapter 56 , makes provision for conspiracy.\nDespite any other Act or law of this jurisdiction, a person who engages in ancillary conduct that is an offence, whether or not the person is a participant in a controlled operation, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related controlled conduct was being engaged in, or would be engaged in, by a participant in an authorised operation.\ns 262 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\n(sec.262-ssec.1) This section applies to conduct, for example aiding or enabling the commission of an offence or conspiring to commit an offence ( ancillary conduct ), for which a person may be criminally responsible because it involves conduct engaged in by another person that is controlled conduct for which the other person would, apart from section 258 , be criminally responsible (the related controlled conduct ). The Criminal Code , section 7 (1) (b) and (c) makes provision for a person who aids or enables the commission of an offence, and the Criminal Code , chapter 56 , makes provision for conspiracy.\n(sec.262-ssec.2) Despite any other Act or law of this jurisdiction, a person who engages in ancillary conduct that is an offence, whether or not the person is a participant in a controlled operation, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related controlled conduct was being engaged in, or would be engaged in, by a participant in an authorised operation.","sortOrder":575},{"sectionNumber":"ch.11-pt.4-div.2","sectionType":"division","heading":"Compensation and notification of third parties","content":"## Compensation and notification of third parties","sortOrder":576},{"sectionNumber":"sec.263","sectionType":"section","heading":"Compensation for property loss or serious damage","content":"### sec.263 Compensation for property loss or serious damage\n\nIf a person suffers loss of or serious damage to property as a direct result of an authorised operation conducted by the police service or the CCC, the State is liable to pay to the person compensation as agreed between the State and the person or, in default of agreement, as decided by civil proceedings for a debt of the amount claimed.\nHowever, if, apart from subsection (1) , section 804 would apply in relation to the loss or damage, the person must apply for compensation, and the compensation is to be decided, under section 804 and not under this section.\nSubsection (1) does not apply if—\nthe person suffered the loss or damage in the course of, or as a direct result of, engaging in any criminal activity, other than criminal activity that is controlled conduct; or\nthe person was a law enforcement officer at the time of suffering the loss or damage.\ns 263 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.263-ssec.1) If a person suffers loss of or serious damage to property as a direct result of an authorised operation conducted by the police service or the CCC, the State is liable to pay to the person compensation as agreed between the State and the person or, in default of agreement, as decided by civil proceedings for a debt of the amount claimed.\n(sec.263-ssec.2) However, if, apart from subsection (1) , section 804 would apply in relation to the loss or damage, the person must apply for compensation, and the compensation is to be decided, under section 804 and not under this section.\n(sec.263-ssec.3) Subsection (1) does not apply if— the person suffered the loss or damage in the course of, or as a direct result of, engaging in any criminal activity, other than criminal activity that is controlled conduct; or the person was a law enforcement officer at the time of suffering the loss or damage.\n- (a) the person suffered the loss or damage in the course of, or as a direct result of, engaging in any criminal activity, other than criminal activity that is controlled conduct; or\n- (b) the person was a law enforcement officer at the time of suffering the loss or damage.","sortOrder":577},{"sectionNumber":"sec.264","sectionType":"section","heading":"Notification requirements","content":"### sec.264 Notification requirements\n\nIf any loss of or serious damage to property happens in the course of or as a direct result of an authorised operation, the principal law enforcement officer for the operation must report the loss or damage to the chief executive officer of the law enforcement agency as soon as practicable.\nThe chief executive officer must take all reasonable steps to notify the owner of the property of the loss or damage.\nThe chief executive officer is not required to notify the owner of property under this section until the chief executive officer is satisfied that notification would not—\ncompromise or hinder the authorised operation; or\ncompromise the identity of a participant in the authorised operation; or\nendanger the life or safety of any person; or\nprejudice any legal proceeding; or\notherwise be contrary to the public interest.\nSubsection (1) does not apply to property of the law enforcement agency on behalf of which the operation is conducted or a participant in the operation.\nIf any personal injury happens in the course of or as a direct result of an authorised operation, the principal law enforcement officer for the operation must report the injury to the chief executive of the law enforcement agency as soon as possible.\nThe chief executive officer may delegate powers under this section—see part 6 , division 1 .\ns 264 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\n(sec.264-ssec.1) If any loss of or serious damage to property happens in the course of or as a direct result of an authorised operation, the principal law enforcement officer for the operation must report the loss or damage to the chief executive officer of the law enforcement agency as soon as practicable.\n(sec.264-ssec.2) The chief executive officer must take all reasonable steps to notify the owner of the property of the loss or damage.\n(sec.264-ssec.3) The chief executive officer is not required to notify the owner of property under this section until the chief executive officer is satisfied that notification would not— compromise or hinder the authorised operation; or compromise the identity of a participant in the authorised operation; or endanger the life or safety of any person; or prejudice any legal proceeding; or otherwise be contrary to the public interest.\n(sec.264-ssec.4) Subsection (1) does not apply to property of the law enforcement agency on behalf of which the operation is conducted or a participant in the operation.\n(sec.264-ssec.5) If any personal injury happens in the course of or as a direct result of an authorised operation, the principal law enforcement officer for the operation must report the injury to the chief executive of the law enforcement agency as soon as possible. The chief executive officer may delegate powers under this section—see part 6 , division 1 .\n- (a) compromise or hinder the authorised operation; or\n- (b) compromise the identity of a participant in the authorised operation; or\n- (c) endanger the life or safety of any person; or\n- (d) prejudice any legal proceeding; or\n- (e) otherwise be contrary to the public interest.","sortOrder":578},{"sectionNumber":"ch.11-pt.4-div.3","sectionType":"division","heading":"Recognition of corresponding authorities","content":"## Recognition of corresponding authorities","sortOrder":579},{"sectionNumber":"sec.265","sectionType":"section","heading":"Recognition of corresponding authorities","content":"### sec.265 Recognition of corresponding authorities\n\nThe following provisions apply, with any necessary changes, to a corresponding authority under a corresponding law, and to a corresponding authorised operation under that law, as if the corresponding authority were an authority given under section 243 for a controlled operation—\nsection 256 (Effect of authority);\nsection 257 (Defect in authority);\nsection 258 (1) (Protection from criminal responsibility for controlled conduct during authorised operations);\nsection 259 (Indemnification of participants against civil liability);\nsection 260 (Effect of ss 258 – 259 on other laws relating to criminal investigation);\nsection 261 (Effect of being unaware of variation or cancellation of authority);\nsection 262 (Protection from criminal responsibility for particular ancillary conduct).\ns 265 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n- (a) section 256 (Effect of authority);\n- (b) section 257 (Defect in authority);\n- (c) section 258 (1) (Protection from criminal responsibility for controlled conduct during authorised operations);\n- (d) section 259 (Indemnification of participants against civil liability);\n- (e) section 260 (Effect of ss 258 – 259 on other laws relating to criminal investigation);\n- (f) section 261 (Effect of being unaware of variation or cancellation of authority);\n- (g) section 262 (Protection from criminal responsibility for particular ancillary conduct).","sortOrder":580},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":"Compliance and monitoring","content":"# Compliance and monitoring","sortOrder":581},{"sectionNumber":"ch.11-pt.5-div.1","sectionType":"division","heading":"Information restrictions","content":"## Information restrictions","sortOrder":582},{"sectionNumber":"sec.266","sectionType":"section","heading":"Unauthorised disclosure of information","content":"### sec.266 Unauthorised disclosure of information\n\nA person commits an offence if—\nthe person intentionally, knowingly or recklessly discloses any information; and\nthe person knows that, or is reckless as to whether, the information relates to an authorised operation or a corresponding authorised operation; and\nthe person knows that, or is reckless as to whether, the disclosure is not made—\nwith the approval of the chief executive officer of the relevant law enforcement agency; or\nin connection with the administration or execution of this chapter or a corresponding law; or\nfor the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceeding; or\nunder any requirement imposed by law; or\nunder another law.\nMaximum penalty—2 years imprisonment.\nA person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person—\nintends to endanger the health or safety of any person or prejudice the effective conduct of an authorised operation or a corresponding authorised operation; or\nknows that, or is reckless as to whether, the disclosure of the information—\nendangers or will endanger the health or safety of any person; or\nprejudices or will prejudice the effective conduct of an authorised operation or a corresponding authorised operation.\nMaximum penalty—10 years imprisonment.\nThis section does not affect section 803 or the Crime and Corruption Act 2001 , section 213 (4) .\nIn this section—\nrelevant law enforcement agency , for a controlled operation, means the law enforcement agency whose officer was granted an authority to conduct the operation.\ns 266 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.266-ssec.1) A person commits an offence if— the person intentionally, knowingly or recklessly discloses any information; and the person knows that, or is reckless as to whether, the information relates to an authorised operation or a corresponding authorised operation; and the person knows that, or is reckless as to whether, the disclosure is not made— with the approval of the chief executive officer of the relevant law enforcement agency; or in connection with the administration or execution of this chapter or a corresponding law; or for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceeding; or under any requirement imposed by law; or under another law. Maximum penalty—2 years imprisonment.\n(sec.266-ssec.2) A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person— intends to endanger the health or safety of any person or prejudice the effective conduct of an authorised operation or a corresponding authorised operation; or knows that, or is reckless as to whether, the disclosure of the information— endangers or will endanger the health or safety of any person; or prejudices or will prejudice the effective conduct of an authorised operation or a corresponding authorised operation. Maximum penalty—10 years imprisonment.\n(sec.266-ssec.3) This section does not affect section 803 or the Crime and Corruption Act 2001 , section 213 (4) .\n(sec.266-ssec.4) In this section— relevant law enforcement agency , for a controlled operation, means the law enforcement agency whose officer was granted an authority to conduct the operation.\n- (a) the person intentionally, knowingly or recklessly discloses any information; and\n- (b) the person knows that, or is reckless as to whether, the information relates to an authorised operation or a corresponding authorised operation; and\n- (c) the person knows that, or is reckless as to whether, the disclosure is not made— (i) with the approval of the chief executive officer of the relevant law enforcement agency; or (ii) in connection with the administration or execution of this chapter or a corresponding law; or (iii) for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceeding; or (iv) under any requirement imposed by law; or (v) under another law.\n- (i) with the approval of the chief executive officer of the relevant law enforcement agency; or\n- (ii) in connection with the administration or execution of this chapter or a corresponding law; or\n- (iii) for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceeding; or\n- (iv) under any requirement imposed by law; or\n- (v) under another law.\n- (i) with the approval of the chief executive officer of the relevant law enforcement agency; or\n- (ii) in connection with the administration or execution of this chapter or a corresponding law; or\n- (iii) for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceeding; or\n- (iv) under any requirement imposed by law; or\n- (v) under another law.\n- (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an authorised operation or a corresponding authorised operation; or\n- (b) knows that, or is reckless as to whether, the disclosure of the information— (i) endangers or will endanger the health or safety of any person; or (ii) prejudices or will prejudice the effective conduct of an authorised operation or a corresponding authorised operation.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an authorised operation or a corresponding authorised operation.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an authorised operation or a corresponding authorised operation.","sortOrder":583},{"sectionNumber":"ch.11-pt.5-div.2","sectionType":"division","heading":"Reporting and record keeping","content":"## Reporting and record keeping","sortOrder":584},{"sectionNumber":"sec.267","sectionType":"section","heading":"Principal law enforcement officer’s reports","content":"### sec.267 Principal law enforcement officer’s reports\n\nWithin 2 months after the end of an authorised operation, the principal law enforcement officer for the operation must give a report under this section to the chief executive officer of the law enforcement agency.\nThe report must include the following details—\nthe date and time when the operation began and its duration;\nwhether the operation was conducted in this jurisdiction or in this jurisdiction and a participating jurisdiction;\nthe nature of the controlled conduct engaged in for the purposes of the operation;\ndetails of the outcome of the operation;\nif the operation involved illicit goods, a statement, to the extent known, of—\nthe nature and quantity of the illicit goods; and\nthe route through which the illicit goods passed in the course of the operation;\ndetails of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the operation;\ndetails of any opportunity taken to obtain evidence to which section 258 (2) (c) applies.\ns 267 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\namd 2026 No. 4 s 119 sch 1\n(sec.267-ssec.1) Within 2 months after the end of an authorised operation, the principal law enforcement officer for the operation must give a report under this section to the chief executive officer of the law enforcement agency.\n(sec.267-ssec.2) The report must include the following details— the date and time when the operation began and its duration; whether the operation was conducted in this jurisdiction or in this jurisdiction and a participating jurisdiction; the nature of the controlled conduct engaged in for the purposes of the operation; details of the outcome of the operation; if the operation involved illicit goods, a statement, to the extent known, of— the nature and quantity of the illicit goods; and the route through which the illicit goods passed in the course of the operation; details of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the operation; details of any opportunity taken to obtain evidence to which section 258 (2) (c) applies.\n- (a) the date and time when the operation began and its duration;\n- (b) whether the operation was conducted in this jurisdiction or in this jurisdiction and a participating jurisdiction;\n- (c) the nature of the controlled conduct engaged in for the purposes of the operation;\n- (d) details of the outcome of the operation;\n- (e) if the operation involved illicit goods, a statement, to the extent known, of— (i) the nature and quantity of the illicit goods; and (ii) the route through which the illicit goods passed in the course of the operation;\n- (i) the nature and quantity of the illicit goods; and\n- (ii) the route through which the illicit goods passed in the course of the operation;\n- (f) details of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the operation;\n- (g) details of any opportunity taken to obtain evidence to which section 258 (2) (c) applies.\n- (i) the nature and quantity of the illicit goods; and\n- (ii) the route through which the illicit goods passed in the course of the operation;","sortOrder":585},{"sectionNumber":"sec.268","sectionType":"section","heading":"Chief executive officers’ reports","content":"### sec.268 Chief executive officers’ reports\n\nAs soon as practicable after 31 March and 30 September in each year, the chief executive officer of each law enforcement agency must give a report to the report entity for the agency stating the details required by subsection (2) for authorised operations conducted on behalf of the agency during the preceding 6 months.\nThe report must include the following details—\nthe number of formal authorities that have been granted or varied by the chief executive officer, and the number of formal applications for the granting or variation of authorities that have been refused by the chief executive officer, during the period of the report;\nthe number of urgent authorities or urgent variations of authorities that have been granted by the chief executive officer, and the number of urgent applications for authorities or urgent variations of authorities that have been refused by the chief executive officer, during the period of the report;\nthe nature of the criminal activities against which the authorised operations were directed;\nthe nature of the controlled conduct engaged in for the purposes of the authorised operations;\nif any of the authorised operations involved illicit goods, a statement, to the extent known, of—\nthe nature and quantity of the illicit goods; and\nthe route through which the illicit goods passed in the course of the operations;\ndetails of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the authorised operations;\ndetails of any opportunity taken to obtain evidence to which section 258 (2) (c) applies;\nthe number of authorities cancelled by the chief executive officer or that have expired during the period to which the report relates.\nThe details mentioned in subsection (2) must be classified into controlled operations conducted in this jurisdiction or conducted in this jurisdiction and a participating jurisdiction.\nThe report entity may require the chief executive officer to give additional information about any authorised operation to which a report relates.\nSubsection (2) (d) or (e) does not require particulars of an authorised operation to be included in a report for a period of 6 months if the operation had not ended during that period.\nHowever, the particulars must instead be included in the report for the period of 6 months in which the operation ends.\ns 268 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2026 No. 4 s 119 sch 1\n(sec.268-ssec.1) As soon as practicable after 31 March and 30 September in each year, the chief executive officer of each law enforcement agency must give a report to the report entity for the agency stating the details required by subsection (2) for authorised operations conducted on behalf of the agency during the preceding 6 months.\n(sec.268-ssec.2) The report must include the following details— the number of formal authorities that have been granted or varied by the chief executive officer, and the number of formal applications for the granting or variation of authorities that have been refused by the chief executive officer, during the period of the report; the number of urgent authorities or urgent variations of authorities that have been granted by the chief executive officer, and the number of urgent applications for authorities or urgent variations of authorities that have been refused by the chief executive officer, during the period of the report; the nature of the criminal activities against which the authorised operations were directed; the nature of the controlled conduct engaged in for the purposes of the authorised operations; if any of the authorised operations involved illicit goods, a statement, to the extent known, of— the nature and quantity of the illicit goods; and the route through which the illicit goods passed in the course of the operations; details of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the authorised operations; details of any opportunity taken to obtain evidence to which section 258 (2) (c) applies; the number of authorities cancelled by the chief executive officer or that have expired during the period to which the report relates.\n(sec.268-ssec.3) The details mentioned in subsection (2) must be classified into controlled operations conducted in this jurisdiction or conducted in this jurisdiction and a participating jurisdiction.\n(sec.268-ssec.4) The report entity may require the chief executive officer to give additional information about any authorised operation to which a report relates.\n(sec.268-ssec.5) Subsection (2) (d) or (e) does not require particulars of an authorised operation to be included in a report for a period of 6 months if the operation had not ended during that period.\n(sec.268-ssec.6) However, the particulars must instead be included in the report for the period of 6 months in which the operation ends.\n- (a) the number of formal authorities that have been granted or varied by the chief executive officer, and the number of formal applications for the granting or variation of authorities that have been refused by the chief executive officer, during the period of the report;\n- (b) the number of urgent authorities or urgent variations of authorities that have been granted by the chief executive officer, and the number of urgent applications for authorities or urgent variations of authorities that have been refused by the chief executive officer, during the period of the report;\n- (c) the nature of the criminal activities against which the authorised operations were directed;\n- (d) the nature of the controlled conduct engaged in for the purposes of the authorised operations;\n- (e) if any of the authorised operations involved illicit goods, a statement, to the extent known, of— (i) the nature and quantity of the illicit goods; and (ii) the route through which the illicit goods passed in the course of the operations;\n- (i) the nature and quantity of the illicit goods; and\n- (ii) the route through which the illicit goods passed in the course of the operations;\n- (f) details of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the authorised operations;\n- (g) details of any opportunity taken to obtain evidence to which section 258 (2) (c) applies;\n- (h) the number of authorities cancelled by the chief executive officer or that have expired during the period to which the report relates.\n- (i) the nature and quantity of the illicit goods; and\n- (ii) the route through which the illicit goods passed in the course of the operations;","sortOrder":586},{"sectionNumber":"sec.269","sectionType":"section","heading":"Annual report by report entity","content":"### sec.269 Annual report by report entity\n\nThe report entity for a law enforcement agency must, as soon as practicable after 30 June in each year, prepare a report of the work and activities of the law enforcement agency under this chapter for the preceding 12 months.\nThe report entity must give a copy of the report to the chief executive officer of the agency and—\nif the agency is the police service—the Minister; or\nif the agency is the CCC—the parliamentary committee chairperson.\nThe report—\nmust include comments on the comprehensiveness and adequacy of the reports that were given to the report entity by the chief executive officer of the law enforcement agency under section 268 ; and\nmust not disclose any information that identifies any suspect or a participant in an operation or that is likely to lead to the person or participant being identified.\nThe chief executive officer must advise the Minister or parliamentary committee chairperson of any information in the report that, in the chief executive officer’s opinion, should be excluded from the report before the report is tabled in the Legislative Assembly because the information, if made public, could reasonably be expected to—\nendanger a person’s safety; or\nprejudice an investigation or prosecution; or\ncompromise any law enforcement agency’s operational activities or methodologies.\nThe Minister or parliamentary committee chairperson must exclude information from the report if satisfied on the advice of the chief executive officer of any of the grounds mentioned in subsection (4) .\nThe Minister or chairperson must table the report in the Legislative Assembly within 14 sitting days after receiving the report.\nThis section does not require particulars of an authorised operation to be included in a report for a year if the operation had not ended as at 30 June in that year.\nHowever, the particulars must instead be included in the report for the year in which the operation ends.\ns 269 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.269-ssec.1) The report entity for a law enforcement agency must, as soon as practicable after 30 June in each year, prepare a report of the work and activities of the law enforcement agency under this chapter for the preceding 12 months.\n(sec.269-ssec.2) The report entity must give a copy of the report to the chief executive officer of the agency and— if the agency is the police service—the Minister; or if the agency is the CCC—the parliamentary committee chairperson.\n(sec.269-ssec.3) The report— must include comments on the comprehensiveness and adequacy of the reports that were given to the report entity by the chief executive officer of the law enforcement agency under section 268 ; and must not disclose any information that identifies any suspect or a participant in an operation or that is likely to lead to the person or participant being identified.\n(sec.269-ssec.4) The chief executive officer must advise the Minister or parliamentary committee chairperson of any information in the report that, in the chief executive officer’s opinion, should be excluded from the report before the report is tabled in the Legislative Assembly because the information, if made public, could reasonably be expected to— endanger a person’s safety; or prejudice an investigation or prosecution; or compromise any law enforcement agency’s operational activities or methodologies.\n(sec.269-ssec.5) The Minister or parliamentary committee chairperson must exclude information from the report if satisfied on the advice of the chief executive officer of any of the grounds mentioned in subsection (4) .\n(sec.269-ssec.6) The Minister or chairperson must table the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.269-ssec.7) This section does not require particulars of an authorised operation to be included in a report for a year if the operation had not ended as at 30 June in that year.\n(sec.269-ssec.8) However, the particulars must instead be included in the report for the year in which the operation ends.\n- (a) if the agency is the police service—the Minister; or\n- (b) if the agency is the CCC—the parliamentary committee chairperson.\n- (a) must include comments on the comprehensiveness and adequacy of the reports that were given to the report entity by the chief executive officer of the law enforcement agency under section 268 ; and\n- (b) must not disclose any information that identifies any suspect or a participant in an operation or that is likely to lead to the person or participant being identified.\n- (a) endanger a person’s safety; or\n- (b) prejudice an investigation or prosecution; or\n- (c) compromise any law enforcement agency’s operational activities or methodologies.","sortOrder":587},{"sectionNumber":"sec.270","sectionType":"section","heading":"Keeping documents connected with authorised operations","content":"### sec.270 Keeping documents connected with authorised operations\n\nThe chief executive officer of a law enforcement agency must cause to be kept—\neach formal application made by a law enforcement officer of the agency; and\neach formal authority granted to a law enforcement officer of the agency; and\nall written notes made under section 245 (5) ; and\neach formal variation application made by a law enforcement officer of the agency; and\neach formal variation of authority granted to a law enforcement officer of the agency; and\neach notice cancelling an authority granted to a law enforcement officer of the agency; and\nall written notes made under section 253 (2) (a) ; and\neach report of a principal law enforcement officer of the agency under section 264 or 267 ; and\neach recommendation made by the committee in relation to an application for an authority or a variation of an authority.\ns 270 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n- (a) each formal application made by a law enforcement officer of the agency; and\n- (b) each formal authority granted to a law enforcement officer of the agency; and\n- (c) all written notes made under section 245 (5) ; and\n- (d) each formal variation application made by a law enforcement officer of the agency; and\n- (e) each formal variation of authority granted to a law enforcement officer of the agency; and\n- (f) each notice cancelling an authority granted to a law enforcement officer of the agency; and\n- (g) all written notes made under section 253 (2) (a) ; and\n- (h) each report of a principal law enforcement officer of the agency under section 264 or 267 ; and\n- (i) each recommendation made by the committee in relation to an application for an authority or a variation of an authority.","sortOrder":588},{"sectionNumber":"sec.271","sectionType":"section","heading":"General register","content":"### sec.271 General register\n\nThe chief executive officer of a law enforcement agency must cause a general register to be kept.\nThe register must be or form part of the register of covert acts kept under chapter 21 , part 2 .\ns 271 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\n(sec.271-ssec.1) The chief executive officer of a law enforcement agency must cause a general register to be kept.\n(sec.271-ssec.2) The register must be or form part of the register of covert acts kept under chapter 21 , part 2 .","sortOrder":589},{"sectionNumber":"ch.11-pt.5-div.3","sectionType":"division","heading":"Inspections","content":"## Inspections","sortOrder":590},{"sectionNumber":"sec.272","sectionType":"section","heading":"Inspection of records","content":"### sec.272 Inspection of records\n\nThe inspection entity for a law enforcement agency must, from time to time and at least once every 12 months, inspect the records of the agency to find out the extent of compliance by the agency and law enforcement officers of the agency with this chapter and chapter 21 , part 2 , to the extent it applies to activities under this chapter.\nFor an inspection under this section, the inspection entity—\nafter notifying the chief executive officer of the agency, may enter at any reasonable time premises occupied by the agency; and\nis entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and\nmay require a member of staff of the agency to give the inspection entity any information that the inspection entity considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.\nThe chief executive officer must ensure that members of staff of the agency give the inspection entity any help the inspection entity reasonably requires to enable the inspection entity to perform functions under this section.\nThis section does not limit the parliamentary commissioner’s powers under the Crime and Corruption Act 2001 , chapter 6 , part 4 , division 4 in relation to the functions of the CCC.\ns 272 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.272-ssec.1) The inspection entity for a law enforcement agency must, from time to time and at least once every 12 months, inspect the records of the agency to find out the extent of compliance by the agency and law enforcement officers of the agency with this chapter and chapter 21 , part 2 , to the extent it applies to activities under this chapter.\n(sec.272-ssec.2) For an inspection under this section, the inspection entity— after notifying the chief executive officer of the agency, may enter at any reasonable time premises occupied by the agency; and is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and may require a member of staff of the agency to give the inspection entity any information that the inspection entity considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.\n(sec.272-ssec.3) The chief executive officer must ensure that members of staff of the agency give the inspection entity any help the inspection entity reasonably requires to enable the inspection entity to perform functions under this section.\n(sec.272-ssec.4) This section does not limit the parliamentary commissioner’s powers under the Crime and Corruption Act 2001 , chapter 6 , part 4 , division 4 in relation to the functions of the CCC.\n- (a) after notifying the chief executive officer of the agency, may enter at any reasonable time premises occupied by the agency; and\n- (b) is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and\n- (c) may require a member of staff of the agency to give the inspection entity any information that the inspection entity considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.","sortOrder":591},{"sectionNumber":"ch.11-pt.6","sectionType":"part","heading":"General","content":"# General","sortOrder":592},{"sectionNumber":"ch.11-pt.6-div.1","sectionType":"division","heading":"Delegation","content":"## Delegation","sortOrder":593},{"sectionNumber":"sec.273","sectionType":"section","heading":"Delegation generally","content":"### sec.273 Delegation generally\n\nOther than as provided by this division, and despite any other Act or law to the contrary, the powers of a chief executive officer under this chapter may not be delegated to any other person.\ns 273 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12","sortOrder":594},{"sectionNumber":"sec.274","sectionType":"section","heading":"Delegation—commissioner","content":"### sec.274 Delegation—commissioner\n\nThe commissioner may delegate any of the commissioner’s powers under this chapter as chief executive officer relating to the authorisation of controlled operations, including the variation and cancellation of authorities for controlled operations and notifications under section 264 (2) , to—\na deputy commissioner of the police service; or\nan assistant commissioner of the police service; or\nthe detective chief superintendent responsible for Statewide crime operations.\ns 274 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2020 No. 7 s 37\n- (a) a deputy commissioner of the police service; or\n- (b) an assistant commissioner of the police service; or\n- (c) the detective chief superintendent responsible for Statewide crime operations.","sortOrder":595},{"sectionNumber":"sec.275","sectionType":"section","heading":"Delegation—CCC chairperson","content":"### sec.275 Delegation—CCC chairperson\n\nThe CCC chairperson may delegate any of the chairperson’s powers under this chapter as chief executive officer relating to the authorisation of controlled operations, including the variation and cancellation of authorities for controlled operations and notifications under section 264 (2) , to a CCC senior executive officer.\nHowever, subsection (1) does not authorise the CCC chairperson to exercise a power of delegation in relation to a controlled operation under which a person under investigation is or may be a police officer or was or may have been, at any time relevant to the investigation, a police officer.\ns 275 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ss 1 , 3\n(sec.275-ssec.1) The CCC chairperson may delegate any of the chairperson’s powers under this chapter as chief executive officer relating to the authorisation of controlled operations, including the variation and cancellation of authorities for controlled operations and notifications under section 264 (2) , to a CCC senior executive officer.\n(sec.275-ssec.2) However, subsection (1) does not authorise the CCC chairperson to exercise a power of delegation in relation to a controlled operation under which a person under investigation is or may be a police officer or was or may have been, at any time relevant to the investigation, a police officer.","sortOrder":596},{"sectionNumber":"sec.276","sectionType":"section","heading":"Delegations—ACC","content":"### sec.276 Delegations—ACC\n\nThis section will be inserted when section 36 of the Cross-Border Law Enforcement Legislation Amendment Act 2005 ( 2005 Act No. 45 ) commences. Section 36 inserts this section as section 186A. It will be immediately renumbered as section 276 as provided for by renumbered section 810 (2) (previously section 459A(2)).","sortOrder":597},{"sectionNumber":"ch.11-pt.6-div.2","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":598},{"sectionNumber":"sec.277","sectionType":"section","heading":"Evidence of authorities","content":"### sec.277 Evidence of authorities\n\nA document purporting to be an authority granted under section 243 —\nis admissible in any legal proceedings; and\nis evidence in any proceedings, other than criminal or disciplinary proceedings against a law enforcement officer, that the person granting the authority was satisfied of the facts the person was required to be satisfied of to grant the authority.\nA document purporting to be an authority within the meaning of a corresponding law granted under a provision of the corresponding law that corresponds to section 243 —\nis admissible in any legal proceedings in this jurisdiction; and\nis evidence in any proceedings, other than criminal or disciplinary proceedings against a law enforcement officer, that the person who granted the authority was satisfied of the facts the person was required to be satisfied of under the corresponding law to grant the authority.\ns 277 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\n(sec.277-ssec.1) A document purporting to be an authority granted under section 243 — is admissible in any legal proceedings; and is evidence in any proceedings, other than criminal or disciplinary proceedings against a law enforcement officer, that the person granting the authority was satisfied of the facts the person was required to be satisfied of to grant the authority.\n(sec.277-ssec.2) A document purporting to be an authority within the meaning of a corresponding law granted under a provision of the corresponding law that corresponds to section 243 — is admissible in any legal proceedings in this jurisdiction; and is evidence in any proceedings, other than criminal or disciplinary proceedings against a law enforcement officer, that the person who granted the authority was satisfied of the facts the person was required to be satisfied of under the corresponding law to grant the authority.\n- (a) is admissible in any legal proceedings; and\n- (b) is evidence in any proceedings, other than criminal or disciplinary proceedings against a law enforcement officer, that the person granting the authority was satisfied of the facts the person was required to be satisfied of to grant the authority.\n- (a) is admissible in any legal proceedings in this jurisdiction; and\n- (b) is evidence in any proceedings, other than criminal or disciplinary proceedings against a law enforcement officer, that the person who granted the authority was satisfied of the facts the person was required to be satisfied of under the corresponding law to grant the authority.","sortOrder":599},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":600},{"sectionNumber":"sec.278","sectionType":"section","heading":"Purpose of ch 12","content":"### sec.278 Purpose of ch 12\n\nThe main purpose of this chapter is to facilitate, for law enforcement purposes, investigations and intelligence gathering in relation to criminal activity, including investigations extending beyond Queensland.\ns 278 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12","sortOrder":601},{"sectionNumber":"sec.279","sectionType":"section","heading":"How purpose is achieved","content":"### sec.279 How purpose is achieved\n\nThe purpose is to be achieved primarily by—\nproviding for the lawful acquisition and use of an assumed identity; and\nfacilitating the recognition of things done in relation to an assumed identity under a corresponding law.\ns 279 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n- (a) providing for the lawful acquisition and use of an assumed identity; and\n- (b) facilitating the recognition of things done in relation to an assumed identity under a corresponding law.","sortOrder":602},{"sectionNumber":"sec.280","sectionType":"section","heading":"Definitions for ch 12","content":"### sec.280 Definitions for ch 12\n\nIn this chapter—\nacquire , an assumed identity, means acquire evidence, or take steps to acquire evidence, of the identity.\nagency means—\nan issuing agency; or\na law enforcement agency.\nauthorised civilian means a person, other than a law enforcement officer, who is authorised under an authority to acquire or use an assumed identity.\nauthorised officer means a law enforcement officer who is authorised under an authority to acquire or use an assumed identity.\nauthorised person means—\nan authorised civilian; or\nan authorised officer.\nauthority means an authority granted under section 283 to acquire or use an assumed identity, including the authority as varied under section 286 .\nbirth certificate approval see—\nsection 288 ; or\nsection 289 .\nchief executive officer means—\nfor a law enforcement agency under a corresponding law—the chief executive officer, however described, of the law enforcement agency; or\nfor an intelligence agency—the chief executive officer, however described, of the intelligence agency.\ns 280 def chief executive officer ins 2016 No. 42 s 14\nconduct includes any act or omission.\ncorresponding authority means—\nan authority under a corresponding law to acquire or use an assumed identity in this jurisdiction; or\nan authority under a corresponding law to request the production of evidence of an assumed identity in this jurisdiction.\ncriminal activity means conduct that involves the commission of an offence by 1 or more persons.\ndoing a thing, includes failing to do the thing.\nevidence , of identity, means a document or other thing, including, for example, a driver licence, birth certificate, credit card or identity card, that evidences or indicates, or can be used to evidence or indicate, a person’s identity or any aspect of a person’s identity.\ngovernment issuing agency , in relation to an authority, means an entity that—\nis named in the authority; and\nissues evidence of identity as part of performing any function of the government of this jurisdiction.\nintelligence agency see the Crimes Act 1914 (Cwlth) , section 15K .\ns 280 def intelligence agency ins 2016 No. 42 s 14\nintelligence officer see the Crimes Act 1914 (Cwlth) , section 15K .\ns 280 def intelligence officer ins 2016 No. 42 s 14\nissuing agency means—\na government issuing agency; or\na non-government issuing agency.\nnon-government issuing agency , in relation to an authority, means an entity, other than a government issuing agency, that—\nis named in the authority; and\nissues evidence of identity.\nofficer , of an agency, includes a person employed or engaged in the agency.\nsupervisor , of an authorised civilian, means the law enforcement officer, appointed under section 283 (3) , who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian.\nuse an assumed identity, includes representing, whether expressly or impliedly, or by saying or doing something, the identity to be real when it is not.\ns 280 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n- (a) an issuing agency; or\n- (b) a law enforcement agency.\n- (a) an authorised civilian; or\n- (b) an authorised officer.\n- (a) section 288 ; or\n- (b) section 289 .\n- (a) for a law enforcement agency under a corresponding law—the chief executive officer, however described, of the law enforcement agency; or\n- (b) for an intelligence agency—the chief executive officer, however described, of the intelligence agency.\n- (a) an authority under a corresponding law to acquire or use an assumed identity in this jurisdiction; or\n- (b) an authority under a corresponding law to request the production of evidence of an assumed identity in this jurisdiction.\n- (a) is named in the authority; and\n- (b) issues evidence of identity as part of performing any function of the government of this jurisdiction.\n- (a) a government issuing agency; or\n- (b) a non-government issuing agency.\n- (a) is named in the authority; and\n- (b) issues evidence of identity.","sortOrder":603},{"sectionNumber":"sec.281","sectionType":"section","heading":"Relationship to other laws and matters","content":"### sec.281 Relationship to other laws and matters\n\nA function conferred in relation to the activities of the CCC under this chapter is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act.\nThe Public Records Act 2023 does not apply to activities or records under parts 2 to 7 .\ns 281 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\namd 2009 No. 13 s 213 sch 5 ; 2014 No. 21 s 94 (2) sch 2 ; 2023 No. 33 s 107 sch 5\n(sec.281-ssec.1) A function conferred in relation to the activities of the CCC under this chapter is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act.\n(sec.281-ssec.2) The Public Records Act 2023 does not apply to activities or records under parts 2 to 7 .","sortOrder":604},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Authorities for assumed identities","content":"# Authorities for assumed identities","sortOrder":605},{"sectionNumber":"sec.282","sectionType":"section","heading":"Application for authority to acquire or use assumed identity","content":"### sec.282 Application for authority to acquire or use assumed identity\n\nA law enforcement officer of a law enforcement agency may apply to the chief executive officer of the agency for an authority for the law enforcement officer or another person to do either or both of the following—\nacquire an assumed identity;\nuse an assumed identity.\nA separate application must be made for each assumed identity to be acquired or used.\nAn application—\nmust be in writing in the form decided by the chief executive officer; and\nmust contain all of the following information—\nthe applicant’s name;\nif a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name;\nif the person mentioned in subparagraph (ii) is not a law enforcement officer—the name and rank or position of the law enforcement officer proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use the assumed identity;\ndetails of the proposed assumed identity;\nreasons for the need to acquire or use an assumed identity;\ndetails, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used;\ndetails of any issuing agencies and the types of evidence to be issued by them.\nThe chief executive officer may require the applicant to give additional information about the application the chief executive officer considers appropriate for consideration of the application.\ns 282 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n(sec.282-ssec.1) A law enforcement officer of a law enforcement agency may apply to the chief executive officer of the agency for an authority for the law enforcement officer or another person to do either or both of the following— acquire an assumed identity; use an assumed identity.\n(sec.282-ssec.2) A separate application must be made for each assumed identity to be acquired or used.\n(sec.282-ssec.3) An application— must be in writing in the form decided by the chief executive officer; and must contain all of the following information— the applicant’s name; if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name; if the person mentioned in subparagraph (ii) is not a law enforcement officer—the name and rank or position of the law enforcement officer proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use the assumed identity; details of the proposed assumed identity; reasons for the need to acquire or use an assumed identity; details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used; details of any issuing agencies and the types of evidence to be issued by them.\n(sec.282-ssec.4) The chief executive officer may require the applicant to give additional information about the application the chief executive officer considers appropriate for consideration of the application.\n- (a) acquire an assumed identity;\n- (b) use an assumed identity.\n- (a) must be in writing in the form decided by the chief executive officer; and\n- (b) must contain all of the following information— (i) the applicant’s name; (ii) if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name; (iii) if the person mentioned in subparagraph (ii) is not a law enforcement officer—the name and rank or position of the law enforcement officer proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use the assumed identity; (iv) details of the proposed assumed identity; (v) reasons for the need to acquire or use an assumed identity; (vi) details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used; (vii) details of any issuing agencies and the types of evidence to be issued by them.\n- (i) the applicant’s name;\n- (ii) if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name;\n- (iii) if the person mentioned in subparagraph (ii) is not a law enforcement officer—the name and rank or position of the law enforcement officer proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use the assumed identity;\n- (iv) details of the proposed assumed identity;\n- (v) reasons for the need to acquire or use an assumed identity;\n- (vi) details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used;\n- (vii) details of any issuing agencies and the types of evidence to be issued by them.\n- (i) the applicant’s name;\n- (ii) if a person other than the applicant is to be authorised to acquire or use an assumed identity—that person’s name;\n- (iii) if the person mentioned in subparagraph (ii) is not a law enforcement officer—the name and rank or position of the law enforcement officer proposed to be appointed as supervisor, and an explanation of why it is necessary for a person who is not a law enforcement officer to acquire or use the assumed identity;\n- (iv) details of the proposed assumed identity;\n- (v) reasons for the need to acquire or use an assumed identity;\n- (vi) details, to the extent known, of the investigation or intelligence gathering exercise in which the assumed identity will be used;\n- (vii) details of any issuing agencies and the types of evidence to be issued by them.","sortOrder":606},{"sectionNumber":"sec.283","sectionType":"section","heading":"Deciding application","content":"### sec.283 Deciding application\n\nAfter considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 282 (4) , the chief executive officer—\nmay grant an authority to acquire or use the assumed identity, with or without conditions; or\nmay refuse the application.\nThe chief executive officer must not grant an authority to acquire or use an assumed identity unless the chief executive officer is satisfied on reasonable grounds of all of the following—\nthe assumed identity is necessary for 1 or more of the following purposes—\nan investigation or intelligence gathering in relation to criminal activity;\nthe training of persons for the purpose mentioned in subparagraph (i) ;\nan administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ;\nthe risk of abuse of the assumed identity by the authorised person under the authority is minimal;\nif the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—it would be impossible or impracticable in the circumstances for a law enforcement officer to acquire or use the assumed identity for the purpose sought.\nIf an authority is granted for an authorised civilian, the chief executive officer must appoint a law enforcement officer of the law enforcement agency to supervise the acquisition or use of the assumed identity by the authorised civilian.\nThe law enforcement officer appointed as supervisor under subsection (3) must be—\nfor the police service—of or above the rank of sergeant; or\nfor the CCC—an authorised commission officer.\nAn authority may also authorise 1 or more of the following—\nan application to the independent member for a birth certificate approval;\nan application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ;\na request under section 294 or 307 .\nA separate authority is required for each assumed identity.\ns 283 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2 ; 2021 No. 24 s 31 ; 2023 No. 17 s 182 (1) s ch 3 pt 1\n(sec.283-ssec.1) After considering an application for an authority to acquire or use an assumed identity, and any additional information given under section 282 (4) , the chief executive officer— may grant an authority to acquire or use the assumed identity, with or without conditions; or may refuse the application.\n(sec.283-ssec.2) The chief executive officer must not grant an authority to acquire or use an assumed identity unless the chief executive officer is satisfied on reasonable grounds of all of the following— the assumed identity is necessary for 1 or more of the following purposes— an investigation or intelligence gathering in relation to criminal activity; the training of persons for the purpose mentioned in subparagraph (i) ; an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ; the risk of abuse of the assumed identity by the authorised person under the authority is minimal; if the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—it would be impossible or impracticable in the circumstances for a law enforcement officer to acquire or use the assumed identity for the purpose sought.\n(sec.283-ssec.3) If an authority is granted for an authorised civilian, the chief executive officer must appoint a law enforcement officer of the law enforcement agency to supervise the acquisition or use of the assumed identity by the authorised civilian.\n(sec.283-ssec.4) The law enforcement officer appointed as supervisor under subsection (3) must be— for the police service—of or above the rank of sergeant; or for the CCC—an authorised commission officer.\n(sec.283-ssec.5) An authority may also authorise 1 or more of the following— an application to the independent member for a birth certificate approval; an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ; a request under section 294 or 307 .\n(sec.283-ssec.6) A separate authority is required for each assumed identity.\n- (a) may grant an authority to acquire or use the assumed identity, with or without conditions; or\n- (b) may refuse the application.\n- (a) the assumed identity is necessary for 1 or more of the following purposes— (i) an investigation or intelligence gathering in relation to criminal activity; (ii) the training of persons for the purpose mentioned in subparagraph (i) ; (iii) an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ;\n- (i) an investigation or intelligence gathering in relation to criminal activity;\n- (ii) the training of persons for the purpose mentioned in subparagraph (i) ;\n- (iii) an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ;\n- (b) the risk of abuse of the assumed identity by the authorised person under the authority is minimal;\n- (c) if the application is for authorisation of an assumed identity for a person who is not a law enforcement officer—it would be impossible or impracticable in the circumstances for a law enforcement officer to acquire or use the assumed identity for the purpose sought.\n- (i) an investigation or intelligence gathering in relation to criminal activity;\n- (ii) the training of persons for the purpose mentioned in subparagraph (i) ;\n- (iii) an administrative function in support of a purpose mentioned in subparagraph (i) or (ii) ;\n- (a) for the police service—of or above the rank of sergeant; or\n- (b) for the CCC—an authorised commission officer.\n- (a) an application to the independent member for a birth certificate approval;\n- (b) an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ;\n- (c) a request under section 294 or 307 .","sortOrder":607},{"sectionNumber":"sec.284","sectionType":"section","heading":"Form of authority","content":"### sec.284 Form of authority\n\nAn authority must be—\nin writing in the form decided by the chief executive officer; and\nsigned by the person granting it.\nAn authority must state all of the following—\nthe name of the person granting the authority;\nthe date of the authority;\ndetails of the assumed identity under the authority;\ndetails of the evidence of the assumed identity that may be acquired under the authority;\nthe conditions, if any, to which the authority is subject;\nwhy the authority is granted;\nif the authority relates to an authorised officer—the name of the officer;\nif the authority relates to an authorised civilian—\nthe name of the authorised civilian; and\nthe name of the civilian’s supervisor under the authority.\nThe authority also must state the following—\nwhether it authorises—\nan application to the independent member for a birth certificate approval; or\nan application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ;\neach issuing agency to which a request may be made under section 294 or 307 ;\nthe assumed identity may be used in this jurisdiction and a participating jurisdiction.\ns 284 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\namd 2017 No. 14 s 43 ; 2023 No. 17 s 182 (1) s ch 3 pt 1\n(sec.284-ssec.1) An authority must be— in writing in the form decided by the chief executive officer; and signed by the person granting it.\n(sec.284-ssec.2) An authority must state all of the following— the name of the person granting the authority; the date of the authority; details of the assumed identity under the authority; details of the evidence of the assumed identity that may be acquired under the authority; the conditions, if any, to which the authority is subject; why the authority is granted; if the authority relates to an authorised officer—the name of the officer; if the authority relates to an authorised civilian— the name of the authorised civilian; and the name of the civilian’s supervisor under the authority.\n(sec.284-ssec.3) The authority also must state the following— whether it authorises— an application to the independent member for a birth certificate approval; or an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ; each issuing agency to which a request may be made under section 294 or 307 ; the assumed identity may be used in this jurisdiction and a participating jurisdiction.\n- (a) in writing in the form decided by the chief executive officer; and\n- (b) signed by the person granting it.\n- (a) the name of the person granting the authority;\n- (b) the date of the authority;\n- (c) details of the assumed identity under the authority;\n- (d) details of the evidence of the assumed identity that may be acquired under the authority;\n- (e) the conditions, if any, to which the authority is subject;\n- (f) why the authority is granted;\n- (g) if the authority relates to an authorised officer—the name of the officer;\n- (h) if the authority relates to an authorised civilian— (i) the name of the authorised civilian; and (ii) the name of the civilian’s supervisor under the authority.\n- (i) the name of the authorised civilian; and\n- (ii) the name of the civilian’s supervisor under the authority.\n- (i) the name of the authorised civilian; and\n- (ii) the name of the civilian’s supervisor under the authority.\n- (a) whether it authorises— (i) an application to the independent member for a birth certificate approval; or (ii) an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ;\n- (i) an application to the independent member for a birth certificate approval; or\n- (ii) an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ;\n- (b) each issuing agency to which a request may be made under section 294 or 307 ;\n- (c) the assumed identity may be used in this jurisdiction and a participating jurisdiction.\n- (i) an application to the independent member for a birth certificate approval; or\n- (ii) an application under a corresponding law for an order for an entry in a register similar to the register of births, deaths or marriages kept under the Births, Deaths and Marriages Registration Act 2023 ;","sortOrder":608},{"sectionNumber":"sec.285","sectionType":"section","heading":"Period of authority","content":"### sec.285 Period of authority\n\nAn authority for an authorised officer or authorised civilian remains in force until—\nthe end of any term stated in the authority; or\nthe authority is cancelled under section 286 .\ns 285 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12 ; 2017 No. 14 s 44\n- (a) the end of any term stated in the authority; or\n- (b) the authority is cancelled under section 286 .","sortOrder":609},{"sectionNumber":"sec.286","sectionType":"section","heading":"Variation or cancellation of authority","content":"### sec.286 Variation or cancellation of authority\n\nThe chief executive officer—\nmay vary or cancel the authority at any time; and\nmust cancel the authority if satisfied, on a review under section 287 or otherwise, that use of the assumed identity under the authority is no longer necessary.\nThe chief executive officer must give written notice of the variation or cancellation to—\nthe authorised person to whom the authority relates; and\nif the authorised person is an authorised civilian—the authorised person’s supervisor.\nThe notice must state the reasons for the variation or cancellation.\nThe variation or cancellation has effect on—\nthe day the notice is given to the authorised person; or\nif a later day is stated in the notice—the later day.\ns 286 ins 2000 No. 22 s 8\nsub 2005 No. 45 s 12\n(sec.286-ssec.1) The chief executive officer— may vary or cancel the authority at any time; and must cancel the authority if satisfied, on a review under section 287 or otherwise, that use of the assumed identity under the authority is no longer necessary.\n(sec.286-ssec.2) The chief executive officer must give written notice of the variation or cancellation to— the authorised person to whom the authority relates; and if the authorised person is an authorised civilian—the authorised person’s supervisor.\n(sec.286-ssec.3) The notice must state the reasons for the variation or cancellation.\n(sec.286-ssec.4) The variation or cancellation has effect on— the day the notice is given to the authorised person; or if a later day is stated in the notice—the later day.\n- (a) may vary or cancel the authority at any time; and\n- (b) must cancel the authority if satisfied, on a review under section 287 or otherwise, that use of the assumed identity under the authority is no longer necessary.\n- (a) the authorised person to whom the authority relates; and\n- (b) if the authorised person is an authorised civilian—the authorised person’s supervisor.\n- (a) the day the notice is given to the authorised person; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":610},{"sectionNumber":"sec.287","sectionType":"section","heading":"Review of authority","content":"### sec.287 Review of authority\n\nThe chief executive officer must, at least once a year, review each authority granted by the chief executive officer and in force under this chapter.\nThe purpose of a review is to decide whether use of the assumed identity under the authority is still necessary.\nIf the chief executive officer is satisfied on a review that use of the assumed identity is no longer necessary, the chief executive officer must cancel the authority under section 286 .\nIf the chief executive officer is satisfied on a review that use of the assumed identity is still necessary, the chief executive officer must record the chief executive officer’s opinion, and the reasons for it, in writing.\ns 287 ins 2000 No. 22 s 8\namd 2001 No. 69 s 378 sch 1\nsub 2005 No. 45 s 12\n(sec.287-ssec.1) The chief executive officer must, at least once a year, review each authority granted by the chief executive officer and in force under this chapter.\n(sec.287-ssec.2) The purpose of a review is to decide whether use of the assumed identity under the authority is still necessary.\n(sec.287-ssec.3) If the chief executive officer is satisfied on a review that use of the assumed identity is no longer necessary, the chief executive officer must cancel the authority under section 286 .\n(sec.287-ssec.4) If the chief executive officer is satisfied on a review that use of the assumed identity is still necessary, the chief executive officer must record the chief executive officer’s opinion, and the reasons for it, in writing.","sortOrder":611},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Evidence of assumed identities","content":"# Evidence of assumed identities","sortOrder":612},{"sectionNumber":"ch.12-pt.3-div.1","sectionType":"division","heading":"Creation of birth certificates for assumed identities","content":"## Creation of birth certificates for assumed identities","sortOrder":613},{"sectionNumber":"sec.288","sectionType":"section","heading":"Approval for creation of birth certificate for assumed identity","content":"### sec.288 Approval for creation of birth certificate for assumed identity\n\nThe chief executive officer of a law enforcement agency may apply to the independent member for authority to create a birth certificate (a birth certificate approval ) for an assumed identity for an authorised person.\nThe application must be written and include enough information to enable the independent member to properly consider whether the birth certificate approval should be granted.\nThe independent member may grant the birth certificate approval only if satisfied granting the approval is justified having regard to the nature of the activities undertaken or to be undertaken by the authorised person under the authority for the assumed identity.\nA birth certificate approval granted under this section must be written, signed by the independent member, and state that a named law enforcement officer is authorised under this section to create a birth certificate for the purpose of concealing the identity of an authorised person.\ns 288 ins 2005 No. 45 s 12\n(sec.288-ssec.1) The chief executive officer of a law enforcement agency may apply to the independent member for authority to create a birth certificate (a birth certificate approval ) for an assumed identity for an authorised person.\n(sec.288-ssec.2) The application must be written and include enough information to enable the independent member to properly consider whether the birth certificate approval should be granted.\n(sec.288-ssec.3) The independent member may grant the birth certificate approval only if satisfied granting the approval is justified having regard to the nature of the activities undertaken or to be undertaken by the authorised person under the authority for the assumed identity.\n(sec.288-ssec.4) A birth certificate approval granted under this section must be written, signed by the independent member, and state that a named law enforcement officer is authorised under this section to create a birth certificate for the purpose of concealing the identity of an authorised person.","sortOrder":614},{"sectionNumber":"sec.289","sectionType":"section","heading":"Order authorising creation of birth certificate for assumed identity under corresponding authority","content":"### sec.289 Order authorising creation of birth certificate for assumed identity under corresponding authority\n\nThe chief executive officer of a law enforcement agency under a corresponding law may apply to the Supreme Court for an order (a birth certificate approval ) authorising a named law enforcement officer of the agency to create a birth certificate for an assumed identity under a corresponding authority.\nAlso, the chief executive officer of an intelligence agency may apply to the Supreme Court for an order (also a birth certificate approval ) authorising a named intelligence officer of the agency to create a birth certificate for an assumed identity under a corresponding authority.\nThe Supreme Court may make the order only if satisfied the order is justified having regard to the nature of the activities undertaken or to be undertaken by the law enforcement officer, intelligence officer or other person under the corresponding authority.\nThe Supreme Court must hear the application in the absence of anyone other than the following—\nthe applicant;\nsomeone the court permits to be present;\na lawyer representing anyone mentioned in paragraph (a) or (b) .\nThe order has effect for the time stated in the order of not more than 28 days.\ns 289 ins 2005 No. 45 s 12\namd 2016 No. 42 s 15\n(sec.289-ssec.1) The chief executive officer of a law enforcement agency under a corresponding law may apply to the Supreme Court for an order (a birth certificate approval ) authorising a named law enforcement officer of the agency to create a birth certificate for an assumed identity under a corresponding authority.\n(sec.289-ssec.2) Also, the chief executive officer of an intelligence agency may apply to the Supreme Court for an order (also a birth certificate approval ) authorising a named intelligence officer of the agency to create a birth certificate for an assumed identity under a corresponding authority.\n(sec.289-ssec.3) The Supreme Court may make the order only if satisfied the order is justified having regard to the nature of the activities undertaken or to be undertaken by the law enforcement officer, intelligence officer or other person under the corresponding authority.\n(sec.289-ssec.4) The Supreme Court must hear the application in the absence of anyone other than the following— the applicant; someone the court permits to be present; a lawyer representing anyone mentioned in paragraph (a) or (b) .\n(sec.289-ssec.5) The order has effect for the time stated in the order of not more than 28 days.\n- (a) the applicant;\n- (b) someone the court permits to be present;\n- (c) a lawyer representing anyone mentioned in paragraph (a) or (b) .","sortOrder":615},{"sectionNumber":"sec.290","sectionType":"section","heading":"Giving effect to birth certificate approval","content":"### sec.290 Giving effect to birth certificate approval\n\nOn the production to the registrar-general, for inspection, of a birth certificate approval—\nthe law enforcement officer or intelligence officer named in the approval may create a birth certificate as authorised under the approval; and\nthe registrar-general must give the officer any help the officer reasonably requires for the purpose.\nThe law enforcement officer or intelligence officer must, if practicable, give the registrar-general at least 3 days notice of the day the officer intends to create the birth certificate under the birth certificate approval.\ns 290 ins 2005 No. 45 s 12\namd 2016 No. 42 s 16\n(sec.290-ssec.1) On the production to the registrar-general, for inspection, of a birth certificate approval— the law enforcement officer or intelligence officer named in the approval may create a birth certificate as authorised under the approval; and the registrar-general must give the officer any help the officer reasonably requires for the purpose.\n(sec.290-ssec.2) The law enforcement officer or intelligence officer must, if practicable, give the registrar-general at least 3 days notice of the day the officer intends to create the birth certificate under the birth certificate approval.\n- (a) the law enforcement officer or intelligence officer named in the approval may create a birth certificate as authorised under the approval; and\n- (b) the registrar-general must give the officer any help the officer reasonably requires for the purpose.","sortOrder":616},{"sectionNumber":"sec.291","sectionType":"section","heading":"Destruction of birth certificate created under s 290","content":"### sec.291 Destruction of birth certificate created under s 290\n\nThis section applies in relation to a birth certificate created under a birth certificate approval (a created birth certificate ).\nAs soon as practicable after the authority or corresponding authority for an assumed identity to which the created birth certificate relates is cancelled, the chief executive officer of the law enforcement agency or intelligence agency for which the certificate was created—\nmust cause the created birth certificate to be destroyed; and\nmust notify the registrar-general that the created birth certificate is no longer being used and has been destroyed.\ns 291 ins 2005 No. 45 s 12\namd 2016 No. 42 s 17\n(sec.291-ssec.1) This section applies in relation to a birth certificate created under a birth certificate approval (a created birth certificate ).\n(sec.291-ssec.2) As soon as practicable after the authority or corresponding authority for an assumed identity to which the created birth certificate relates is cancelled, the chief executive officer of the law enforcement agency or intelligence agency for which the certificate was created— must cause the created birth certificate to be destroyed; and must notify the registrar-general that the created birth certificate is no longer being used and has been destroyed.\n- (a) must cause the created birth certificate to be destroyed; and\n- (b) must notify the registrar-general that the created birth certificate is no longer being used and has been destroyed.","sortOrder":617},{"sectionNumber":"sec.292","sectionType":"section","heading":"Cancelling authority affecting entry in participating jurisdiction’s register of births, deaths or marriages","content":"### sec.292 Cancelling authority affecting entry in participating jurisdiction’s register of births, deaths or marriages\n\nThis section applies if—\na chief executive officer cancels an authority for an assumed identity; and\nthere is an entry in relation to that identity in a register of births, deaths or marriages in a participating jurisdiction because of an order under a corresponding law of the jurisdiction.\nThe chief executive officer must apply for an order under the corresponding law to cancel the entry within 28 days after the day the authority is cancelled.\ns 292 ins 2005 No. 45 s 12\n(sec.292-ssec.1) This section applies if— a chief executive officer cancels an authority for an assumed identity; and there is an entry in relation to that identity in a register of births, deaths or marriages in a participating jurisdiction because of an order under a corresponding law of the jurisdiction.\n(sec.292-ssec.2) The chief executive officer must apply for an order under the corresponding law to cancel the entry within 28 days after the day the authority is cancelled.\n- (a) a chief executive officer cancels an authority for an assumed identity; and\n- (b) there is an entry in relation to that identity in a register of births, deaths or marriages in a participating jurisdiction because of an order under a corresponding law of the jurisdiction.","sortOrder":618},{"sectionNumber":"sec.293","sectionType":"section","heading":"Restriction about records and access to application for authority to create birth certificate","content":"### sec.293 Restriction about records and access to application for authority to create birth certificate\n\nThis section applies to—\na proceeding on an application under section 289 for a birth certificate approval in relation to the acquisition or use of an assumed identity under a corresponding authority; and\nan order given in the proceeding.\nDespite the Recording of Evidence Act 1962 , a transcript of the proceeding must not be made.\nA person must not publish a report of the proceeding.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nA person is not entitled to search information in the custody of a court in relation to the proceeding, unless a Supreme Court judge otherwise orders in the interests of justice.\ns 293 ins 2005 No. 45 s 12\n(sec.293-ssec.1) This section applies to— a proceeding on an application under section 289 for a birth certificate approval in relation to the acquisition or use of an assumed identity under a corresponding authority; and an order given in the proceeding.\n(sec.293-ssec.2) Despite the Recording of Evidence Act 1962 , a transcript of the proceeding must not be made.\n(sec.293-ssec.3) A person must not publish a report of the proceeding. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.293-ssec.4) A person is not entitled to search information in the custody of a court in relation to the proceeding, unless a Supreme Court judge otherwise orders in the interests of justice.\n- (a) a proceeding on an application under section 289 for a birth certificate approval in relation to the acquisition or use of an assumed identity under a corresponding authority; and\n- (b) an order given in the proceeding.","sortOrder":619},{"sectionNumber":"ch.12-pt.3-div.2","sectionType":"division","heading":"Other provisions about evidence of assumed identities","content":"## Other provisions about evidence of assumed identities","sortOrder":620},{"sectionNumber":"sec.294","sectionType":"section","heading":"Request for evidence of assumed identity","content":"### sec.294 Request for evidence of assumed identity\n\nThis section applies if an authority authorises a request under this section.\nThe chief executive officer who grants the authority may ask the chief executive officer of an issuing agency stated in the authority to—\nproduce evidence of an assumed identity in accordance with the authority; and\ngive evidence of the assumed identity to the authorised person named in the authority.\nThe request must state a reasonable period for compliance with the request.\nA request can not be made under this section for the creation of a birth certificate or a certified copy of a marriage certificate.\nIn this section—\nevidence means evidence similar to that ordinarily produced or given by the issuing agency.\ns 294 ins 2005 No. 45 s 12\n(sec.294-ssec.1) This section applies if an authority authorises a request under this section.\n(sec.294-ssec.2) The chief executive officer who grants the authority may ask the chief executive officer of an issuing agency stated in the authority to— produce evidence of an assumed identity in accordance with the authority; and give evidence of the assumed identity to the authorised person named in the authority.\n(sec.294-ssec.3) The request must state a reasonable period for compliance with the request.\n(sec.294-ssec.4) A request can not be made under this section for the creation of a birth certificate or a certified copy of a marriage certificate.\n(sec.294-ssec.5) In this section— evidence means evidence similar to that ordinarily produced or given by the issuing agency.\n- (a) produce evidence of an assumed identity in accordance with the authority; and\n- (b) give evidence of the assumed identity to the authorised person named in the authority.","sortOrder":621},{"sectionNumber":"sec.295","sectionType":"section","heading":"Government issuing agency to comply with request","content":"### sec.295 Government issuing agency to comply with request\n\nThe chief executive officer of a government issuing agency who receives a request under section 294 must comply with the request within the reasonable period stated in the request.\ns 295 ins 2005 No. 45 s 12","sortOrder":622},{"sectionNumber":"sec.296","sectionType":"section","heading":"Non-government issuing agency may comply with request","content":"### sec.296 Non-government issuing agency may comply with request\n\nThe chief executive officer of a non-government issuing agency who receives a request under section 294 may comply with the request.\ns 296 ins 2005 No. 45 s 12","sortOrder":623},{"sectionNumber":"sec.297","sectionType":"section","heading":"Cancelling evidence of assumed identity","content":"### sec.297 Cancelling evidence of assumed identity\n\nThe chief executive officer of an issuing agency who produces evidence of an assumed identity under this part must cancel the evidence if directed in writing to do so by the chief executive officer who requested the evidence.\nIn this section—\ncancel includes delete or alter an entry in a record of information.\ns 297 ins 2005 No. 45 s 12\n(sec.297-ssec.1) The chief executive officer of an issuing agency who produces evidence of an assumed identity under this part must cancel the evidence if directed in writing to do so by the chief executive officer who requested the evidence.\n(sec.297-ssec.2) In this section— cancel includes delete or alter an entry in a record of information.","sortOrder":624},{"sectionNumber":"ch.12-pt.3-div.3","sectionType":"division","heading":"Protections and indemnities","content":"## Protections and indemnities","sortOrder":625},{"sectionNumber":"sec.298","sectionType":"section","heading":"Protection from criminal responsibility—officer of issuing agency","content":"### sec.298 Protection from criminal responsibility—officer of issuing agency\n\nA person who does something under division 1 or 2 that, apart from this section, would be an offence, is not criminally responsible for the offence, if the thing is done to give effect to a birth certificate approval.\nAlso, the chief executive officer, or an officer, of an issuing agency who does something that, apart from this section, would be an offence, is not criminally responsible for the offence if the thing is done to comply with a request under section 294 or a direction under section 297 .\ns 298 ins 2005 No. 45 s 12\n(sec.298-ssec.1) A person who does something under division 1 or 2 that, apart from this section, would be an offence, is not criminally responsible for the offence, if the thing is done to give effect to a birth certificate approval.\n(sec.298-ssec.2) Also, the chief executive officer, or an officer, of an issuing agency who does something that, apart from this section, would be an offence, is not criminally responsible for the offence if the thing is done to comply with a request under section 294 or a direction under section 297 .","sortOrder":626},{"sectionNumber":"sec.299","sectionType":"section","heading":"Indemnity for issuing agency and officers in relation to creation of birth certificates","content":"### sec.299 Indemnity for issuing agency and officers in relation to creation of birth certificates\n\nThis section applies if a birth certificate approval is produced to the registrar-general under section 290 .\nThe law enforcement agency or intelligence agency to which the birth certificate approval relates must indemnify the registrar-general, or an officer of the registrar-general, for any civil liability incurred by the registrar-general or officer, including reasonable costs, if—\nthe liability is incurred because of something done by the registrar-general or officer to comply with section 290 ; and\nthe requirements, if any, prescribed under a regulation have been met.\ns 299 ins 2005 No. 45 s 12\namd 2016 No. 42 s 18\n(sec.299-ssec.1) This section applies if a birth certificate approval is produced to the registrar-general under section 290 .\n(sec.299-ssec.2) The law enforcement agency or intelligence agency to which the birth certificate approval relates must indemnify the registrar-general, or an officer of the registrar-general, for any civil liability incurred by the registrar-general or officer, including reasonable costs, if— the liability is incurred because of something done by the registrar-general or officer to comply with section 290 ; and the requirements, if any, prescribed under a regulation have been met.\n- (a) the liability is incurred because of something done by the registrar-general or officer to comply with section 290 ; and\n- (b) the requirements, if any, prescribed under a regulation have been met.","sortOrder":627},{"sectionNumber":"sec.300","sectionType":"section","heading":"Indemnity for issuing agency and officers in relation to other evidence of assumed identities","content":"### sec.300 Indemnity for issuing agency and officers in relation to other evidence of assumed identities\n\nThis section applies if the chief executive officer of a law enforcement agency makes a request under section 294 or gives a direction under section 297 to the chief executive officer of an issuing agency.\nThe law enforcement agency must indemnify the issuing agency, or an officer of the agency, for any civil liability incurred by the agency or officer, including reasonable costs, if—\nthe liability is incurred because of something done by the agency or officer to comply with the request or direction in the course of duty; and\nthe requirements, if any, prescribed under a regulation have been met.\ns 300 ins 2005 No. 45 s 12\n(sec.300-ssec.1) This section applies if the chief executive officer of a law enforcement agency makes a request under section 294 or gives a direction under section 297 to the chief executive officer of an issuing agency.\n(sec.300-ssec.2) The law enforcement agency must indemnify the issuing agency, or an officer of the agency, for any civil liability incurred by the agency or officer, including reasonable costs, if— the liability is incurred because of something done by the agency or officer to comply with the request or direction in the course of duty; and the requirements, if any, prescribed under a regulation have been met.\n- (a) the liability is incurred because of something done by the agency or officer to comply with the request or direction in the course of duty; and\n- (b) the requirements, if any, prescribed under a regulation have been met.","sortOrder":628},{"sectionNumber":"sec.301","sectionType":"section","heading":"Protection from criminal responsibility for particular ancillary conduct","content":"### sec.301 Protection from criminal responsibility for particular ancillary conduct\n\nThis section applies to conduct, for example aiding or enabling the commission of an offence or conspiring to commit an offence ( ancillary conduct ), for which a person may be criminally responsible because it involves conduct engaged in by another person for which the other person would, apart from section 298 , be criminally responsible (the related conduct ).\nThe Criminal Code , section 7 (1) (b) and (c) makes provision for a person who aids or enables the commission of an offence, and the Criminal Code , chapter 56 , makes provision for conspiracy.\nDespite any other Act or law of this jurisdiction, a person who engages in ancillary conduct that is an offence, whether or not the person is an authorised person or an officer of an issuing agency, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related conduct was being engaged in, or would be engaged in, by an authorised person or an issuing officer of an agency.\ns 301 ins 2005 No. 45 s 12\n(sec.301-ssec.1) This section applies to conduct, for example aiding or enabling the commission of an offence or conspiring to commit an offence ( ancillary conduct ), for which a person may be criminally responsible because it involves conduct engaged in by another person for which the other person would, apart from section 298 , be criminally responsible (the related conduct ). The Criminal Code , section 7 (1) (b) and (c) makes provision for a person who aids or enables the commission of an offence, and the Criminal Code , chapter 56 , makes provision for conspiracy.\n(sec.301-ssec.2) Despite any other Act or law of this jurisdiction, a person who engages in ancillary conduct that is an offence, whether or not the person is an authorised person or an officer of an issuing agency, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related conduct was being engaged in, or would be engaged in, by an authorised person or an issuing officer of an agency.","sortOrder":629},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Effect of authorities","content":"# Effect of authorities","sortOrder":630},{"sectionNumber":"sec.302","sectionType":"section","heading":"Assumed identity may be acquired and used","content":"### sec.302 Assumed identity may be acquired and used\n\nAn authorised officer may acquire or use an assumed identity if the acquisition or use is—\nin accordance with an authority; and\nin the course of duty.\nAn authorised civilian may acquire or use an assumed identity if the acquisition or use is in accordance with—\nan authority; and\nthe directions of the authorised civilian’s supervisor.\nAn authority also authorises—\nthe making (by the person to whom the authority applies) of any false or misleading representation about the person for the purposes of, or in connection with, the acquisition or use of the assumed identity by the person; and\nthe use by the person of the assumed identity to obtain evidence of the identity.\ns 302 ins 2005 No. 45 s 12\namd 2021 No. 24 s 32\n(sec.302-ssec.1) An authorised officer may acquire or use an assumed identity if the acquisition or use is— in accordance with an authority; and in the course of duty.\n(sec.302-ssec.2) An authorised civilian may acquire or use an assumed identity if the acquisition or use is in accordance with— an authority; and the directions of the authorised civilian’s supervisor.\n(sec.302-ssec.3) An authority also authorises— the making (by the person to whom the authority applies) of any false or misleading representation about the person for the purposes of, or in connection with, the acquisition or use of the assumed identity by the person; and the use by the person of the assumed identity to obtain evidence of the identity.\n- (a) in accordance with an authority; and\n- (b) in the course of duty.\n- (a) an authority; and\n- (b) the directions of the authorised civilian’s supervisor.\n- (a) the making (by the person to whom the authority applies) of any false or misleading representation about the person for the purposes of, or in connection with, the acquisition or use of the assumed identity by the person; and\n- (b) the use by the person of the assumed identity to obtain evidence of the identity.","sortOrder":631},{"sectionNumber":"sec.303","sectionType":"section","heading":"Protection from criminal responsibility—authorised person","content":"### sec.303 Protection from criminal responsibility—authorised person\n\nIf an authorised person does something, whether in this jurisdiction or elsewhere, that, apart from this section, would be an offence, the authorised person is not criminally responsible for the offence if—\nthe thing is done in the course of acquiring or using an assumed identity under an authority; and\nthe thing is done—\nfor an authorised officer—in the course of duty; or\nfor an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\ndoing the thing would not be an offence if the assumed identity were the authorised person’s real identity.\ns 303 ins 2005 No. 45 s 12\n- (a) the thing is done in the course of acquiring or using an assumed identity under an authority; and\n- (b) the thing is done— (i) for an authorised officer—in the course of duty; or (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (i) for an authorised officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (c) doing the thing would not be an offence if the assumed identity were the authorised person’s real identity.\n- (i) for an authorised officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and","sortOrder":632},{"sectionNumber":"sec.304","sectionType":"section","heading":"Indemnity for authorised person","content":"### sec.304 Indemnity for authorised person\n\nThis section applies if the chief executive officer of a law enforcement agency grants an authority.\nThe law enforcement agency must indemnify the authorised person under the authority against any civil liability, including reasonable costs, incurred by the person, because of something done by the person, whether in this jurisdiction or elsewhere, if—\nthe thing is done in the course of acquiring or using an assumed identity under the authority; and\nthe thing is done—\nfor an authorised officer—in the course of duty; or\nfor an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\nthe requirements, if any, prescribed under a regulation have been met.\nThis section does not limit the Police Service Administration Act 1990 , section 10 .5.\ns 304 ins 2005 No. 45 s 12\n(sec.304-ssec.1) This section applies if the chief executive officer of a law enforcement agency grants an authority.\n(sec.304-ssec.2) The law enforcement agency must indemnify the authorised person under the authority against any civil liability, including reasonable costs, incurred by the person, because of something done by the person, whether in this jurisdiction or elsewhere, if— the thing is done in the course of acquiring or using an assumed identity under the authority; and the thing is done— for an authorised officer—in the course of duty; or for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and the requirements, if any, prescribed under a regulation have been met.\n(sec.304-ssec.3) This section does not limit the Police Service Administration Act 1990 , section 10 .5.\n- (a) the thing is done in the course of acquiring or using an assumed identity under the authority; and\n- (b) the thing is done— (i) for an authorised officer—in the course of duty; or (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (i) for an authorised officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and\n- (c) the requirements, if any, prescribed under a regulation have been met.\n- (i) for an authorised officer—in the course of duty; or\n- (ii) for an authorised civilian—in accordance with the directions of the authorised civilian’s supervisor; and","sortOrder":633},{"sectionNumber":"sec.305","sectionType":"section","heading":"Particular qualifications","content":"### sec.305 Particular qualifications\n\nSections 303 and 304 do not apply to anything done by an authorised person if—\na particular qualification is needed to do the thing; and\nthe person does not have the qualification.\nSubsection (1) applies whether or not the authorised person has acquired, as evidence of an assumed identity, a document that indicates that the person has the qualification.\ns 305 ins 2005 No. 45 s 12\n(sec.305-ssec.1) Sections 303 and 304 do not apply to anything done by an authorised person if— a particular qualification is needed to do the thing; and the person does not have the qualification.\n(sec.305-ssec.2) Subsection (1) applies whether or not the authorised person has acquired, as evidence of an assumed identity, a document that indicates that the person has the qualification.\n- (a) a particular qualification is needed to do the thing; and\n- (b) the person does not have the qualification.","sortOrder":634},{"sectionNumber":"sec.306","sectionType":"section","heading":"Effect of being unaware of variation or cancellation of authority","content":"### sec.306 Effect of being unaware of variation or cancellation of authority\n\nIf an authority to acquire or use an assumed identity has been varied in a way that limits its scope, this part continues to apply to the authorised person to whom the authority relates as if it had not been varied in that way, for as long as the person—\nis unaware of the variation; and\nis not reckless about the existence of the variation.\nIf an authority to acquire or use an assumed identity has been cancelled, this part continues to apply to the authorised person to whom the authority related as if it had not been cancelled, for as long as the person—\nis unaware of the cancellation; and\nis not reckless about the existence of the cancellation.\nFor this section, a person is reckless about the existence of the variation or cancellation of an authority if—\nthe person is aware of a substantial risk that the variation or cancellation has happened; and\nhaving regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation.\ns 306 ins 2005 No. 45 s 12\n(sec.306-ssec.1) If an authority to acquire or use an assumed identity has been varied in a way that limits its scope, this part continues to apply to the authorised person to whom the authority relates as if it had not been varied in that way, for as long as the person— is unaware of the variation; and is not reckless about the existence of the variation.\n(sec.306-ssec.2) If an authority to acquire or use an assumed identity has been cancelled, this part continues to apply to the authorised person to whom the authority related as if it had not been cancelled, for as long as the person— is unaware of the cancellation; and is not reckless about the existence of the cancellation.\n(sec.306-ssec.3) For this section, a person is reckless about the existence of the variation or cancellation of an authority if— the person is aware of a substantial risk that the variation or cancellation has happened; and having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation.\n- (a) is unaware of the variation; and\n- (b) is not reckless about the existence of the variation.\n- (a) is unaware of the cancellation; and\n- (b) is not reckless about the existence of the cancellation.\n- (a) the person is aware of a substantial risk that the variation or cancellation has happened; and\n- (b) having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation.","sortOrder":635},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Recognition of assumed identities","content":"# Recognition of assumed identities","sortOrder":636},{"sectionNumber":"sec.307","sectionType":"section","heading":"Request to participating jurisdiction for evidence of assumed identity","content":"### sec.307 Request to participating jurisdiction for evidence of assumed identity\n\nThis section applies if an authority authorises a request under this section.\nThe chief executive officer who grants the authority may ask the chief executive officer of an issuing agency of a participating jurisdiction stated in the authority—\nto produce evidence of an assumed identity in accordance with the authority; and\nto give evidence of the assumed identity to the authorised person named in the authority.\ns 307 ins 2005 No. 45 s 12\n(sec.307-ssec.1) This section applies if an authority authorises a request under this section.\n(sec.307-ssec.2) The chief executive officer who grants the authority may ask the chief executive officer of an issuing agency of a participating jurisdiction stated in the authority— to produce evidence of an assumed identity in accordance with the authority; and to give evidence of the assumed identity to the authorised person named in the authority.\n- (a) to produce evidence of an assumed identity in accordance with the authority; and\n- (b) to give evidence of the assumed identity to the authorised person named in the authority.","sortOrder":637},{"sectionNumber":"sec.308","sectionType":"section","heading":"Request from participating jurisdiction for evidence of assumed identity","content":"### sec.308 Request from participating jurisdiction for evidence of assumed identity\n\nThis section applies if—\na corresponding authority authorises a request for—\nthe production of evidence of an assumed identity in this jurisdiction; and\nthe giving of evidence of the assumed identity to the authorised person named in the authority; and\nthe request is made to the chief executive officer of an issuing agency in this jurisdiction; and\nthe request states a reasonable period for compliance with the request.\nThe chief executive officer of a government issuing agency who receives the request must comply with the request within the reasonable period stated in the request.\nThe chief executive officer of a non-government issuing agency who receives the request may comply with the request.\ns 308 ins 2005 No. 45 s 12\n(sec.308-ssec.1) This section applies if— a corresponding authority authorises a request for— the production of evidence of an assumed identity in this jurisdiction; and the giving of evidence of the assumed identity to the authorised person named in the authority; and the request is made to the chief executive officer of an issuing agency in this jurisdiction; and the request states a reasonable period for compliance with the request.\n(sec.308-ssec.2) The chief executive officer of a government issuing agency who receives the request must comply with the request within the reasonable period stated in the request.\n(sec.308-ssec.3) The chief executive officer of a non-government issuing agency who receives the request may comply with the request.\n- (a) a corresponding authority authorises a request for— (i) the production of evidence of an assumed identity in this jurisdiction; and (ii) the giving of evidence of the assumed identity to the authorised person named in the authority; and\n- (i) the production of evidence of an assumed identity in this jurisdiction; and\n- (ii) the giving of evidence of the assumed identity to the authorised person named in the authority; and\n- (b) the request is made to the chief executive officer of an issuing agency in this jurisdiction; and\n- (c) the request states a reasonable period for compliance with the request.\n- (i) the production of evidence of an assumed identity in this jurisdiction; and\n- (ii) the giving of evidence of the assumed identity to the authorised person named in the authority; and","sortOrder":638},{"sectionNumber":"sec.309","sectionType":"section","heading":"Direction from participating jurisdiction to cancel evidence of assumed identity","content":"### sec.309 Direction from participating jurisdiction to cancel evidence of assumed identity\n\nThe chief executive officer of an issuing agency who produces evidence of an assumed identity because of a request mentioned in section 308 must cancel the evidence if directed in writing to do so by the chief executive officer who made the request.\nIn this section—\ncancel includes delete or alter an entry in a record of information.\ns 309 ins 2005 No. 45 s 12\n(sec.309-ssec.1) The chief executive officer of an issuing agency who produces evidence of an assumed identity because of a request mentioned in section 308 must cancel the evidence if directed in writing to do so by the chief executive officer who made the request.\n(sec.309-ssec.2) In this section— cancel includes delete or alter an entry in a record of information.","sortOrder":639},{"sectionNumber":"sec.310","sectionType":"section","heading":"Indemnity for issuing agency and officer","content":"### sec.310 Indemnity for issuing agency and officer\n\nThis section applies if the chief executive officer of a law enforcement agency makes a request to the chief executive officer of an issuing agency of a participating jurisdiction under section 307 .\nThe law enforcement agency must indemnify the issuing agency and any officer of the issuing agency for any civil liability incurred by the agency or officer, including reasonable costs, if—\nthe liability is incurred because of something done, whether in this jurisdiction or elsewhere, by the agency or officer to comply with the request in the course of duty; and\nthe requirements, if any, prescribed under a regulation have been met.\ns 310 prev s 310 om 2000 No. 22 s 21\npres s 310 ins 2005 No. 45 s 12\n(sec.310-ssec.1) This section applies if the chief executive officer of a law enforcement agency makes a request to the chief executive officer of an issuing agency of a participating jurisdiction under section 307 .\n(sec.310-ssec.2) The law enforcement agency must indemnify the issuing agency and any officer of the issuing agency for any civil liability incurred by the agency or officer, including reasonable costs, if— the liability is incurred because of something done, whether in this jurisdiction or elsewhere, by the agency or officer to comply with the request in the course of duty; and the requirements, if any, prescribed under a regulation have been met.\n- (a) the liability is incurred because of something done, whether in this jurisdiction or elsewhere, by the agency or officer to comply with the request in the course of duty; and\n- (b) the requirements, if any, prescribed under a regulation have been met.","sortOrder":640},{"sectionNumber":"sec.311","sectionType":"section","heading":"Application of ch 12 to corresponding authority","content":"### sec.311 Application of ch 12 to corresponding authority\n\nThe following provisions apply, with necessary changes, to anything done in this jurisdiction in relation to a corresponding authority as if it were an authority granted under section 283 —\nsection 298 (Protection from criminal responsibility—officer of issuing agency);\nsection 302 (Assumed identity may be acquired and used);\nsection 303 (Protection from criminal liability—authorised person);\nsection 305 (Particular qualifications);\nsection 306 (Effect of being unaware of variation or cancellation of authority);\nsection 312 (Misuse of assumed identity);\nsection 313 (Disclosing information about assumed identity).\ns 311 orig s 311 om 2000 No. 22 s 21\nprev s 311 ins 2000 No. 22 s 18\namd 2000 No. 63 s 276 sch 2 ; 2002 No. 26 s 4\nexp 1 July 2003 (see s 311(6))\npres s 311 ins 2005 No. 45 s 12\namd 2016 No. 62 s 493 s ch 1 pt 1\n- (a) section 298 (Protection from criminal responsibility—officer of issuing agency);\n- (b) section 302 (Assumed identity may be acquired and used);\n- (c) section 303 (Protection from criminal liability—authorised person);\n- (d) section 305 (Particular qualifications);\n- (e) section 306 (Effect of being unaware of variation or cancellation of authority);\n- (f) section 312 (Misuse of assumed identity);\n- (g) section 313 (Disclosing information about assumed identity).","sortOrder":641},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Compliance and monitoring","content":"# Compliance and monitoring","sortOrder":642},{"sectionNumber":"ch.12-pt.6-div.1","sectionType":"division","heading":"Misuse of assumed identity and information","content":"## Misuse of assumed identity and information","sortOrder":643},{"sectionNumber":"sec.312","sectionType":"section","heading":"Misuse of assumed identity","content":"### sec.312 Misuse of assumed identity\n\nAn authorised officer commits an offence if—\nthe officer intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the officer’s authority; and\nthe officer knows that, or is reckless as to whether, the acquisition or use is not—\nin accordance with the officer’s authority; or\nin the course of duty.\nMaximum penalty—2 years imprisonment.\nAn authorised civilian commits an offence if—\nthe person intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the person’s authority; and\nthe person knows that, or is reckless as to whether, the acquisition or use is not in accordance with—\nthe person’s authority; or\nthe directions of the person’s supervisor under the authority.\nMaximum penalty—2 years imprisonment.\ns 312 prev s 312 om 2000 No. 22 s 21\npres s 312 ins 2005 No. 45 s 12\n(sec.312-ssec.1) An authorised officer commits an offence if— the officer intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the officer’s authority; and the officer knows that, or is reckless as to whether, the acquisition or use is not— in accordance with the officer’s authority; or in the course of duty. Maximum penalty—2 years imprisonment.\n(sec.312-ssec.2) An authorised civilian commits an offence if— the person intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the person’s authority; and the person knows that, or is reckless as to whether, the acquisition or use is not in accordance with— the person’s authority; or the directions of the person’s supervisor under the authority. Maximum penalty—2 years imprisonment.\n- (a) the officer intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the officer’s authority; and\n- (b) the officer knows that, or is reckless as to whether, the acquisition or use is not— (i) in accordance with the officer’s authority; or (ii) in the course of duty.\n- (i) in accordance with the officer’s authority; or\n- (ii) in the course of duty.\n- (i) in accordance with the officer’s authority; or\n- (ii) in the course of duty.\n- (a) the person intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the person’s authority; and\n- (b) the person knows that, or is reckless as to whether, the acquisition or use is not in accordance with— (i) the person’s authority; or (ii) the directions of the person’s supervisor under the authority.\n- (i) the person’s authority; or\n- (ii) the directions of the person’s supervisor under the authority.\n- (i) the person’s authority; or\n- (ii) the directions of the person’s supervisor under the authority.","sortOrder":644},{"sectionNumber":"sec.313","sectionType":"section","heading":"Disclosing information about assumed identity","content":"### sec.313 Disclosing information about assumed identity\n\nA person commits an offence if—\nthe person intentionally, knowingly or recklessly discloses any information; and\nthe person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person’s real identity; and\nthe person knows that, or is reckless as to whether, the disclosure is not made—\nin connection with the administration or execution of this chapter or a corresponding law; or\nfor the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceedings; or\nin accordance with any requirement imposed by law.\nMaximum penalty—2 years imprisonment.\nA person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person—\nintends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity; or\nknows that, or is reckless as to whether, the disclosure of the information—\nendangers or will endanger the health or safety of any person; or\nprejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity.\nMaximum penalty—10 years imprisonment.\nThis section does not affect section 803 or the Crime and Corruption Act 2001 , section 213 (4) .\ns 313 prev s 313 om 2000 No. 22 s 21\npres s 313 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.313-ssec.1) A person commits an offence if— the person intentionally, knowingly or recklessly discloses any information; and the person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person’s real identity; and the person knows that, or is reckless as to whether, the disclosure is not made— in connection with the administration or execution of this chapter or a corresponding law; or for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceedings; or in accordance with any requirement imposed by law. Maximum penalty—2 years imprisonment.\n(sec.313-ssec.2) A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person— intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity; or knows that, or is reckless as to whether, the disclosure of the information— endangers or will endanger the health or safety of any person; or prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity. Maximum penalty—10 years imprisonment.\n(sec.313-ssec.3) This section does not affect section 803 or the Crime and Corruption Act 2001 , section 213 (4) .\n- (a) the person intentionally, knowingly or recklessly discloses any information; and\n- (b) the person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person’s real identity; and\n- (c) the person knows that, or is reckless as to whether, the disclosure is not made— (i) in connection with the administration or execution of this chapter or a corresponding law; or (ii) for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceedings; or (iii) in accordance with any requirement imposed by law.\n- (i) in connection with the administration or execution of this chapter or a corresponding law; or\n- (ii) for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceedings; or\n- (iii) in accordance with any requirement imposed by law.\n- (i) in connection with the administration or execution of this chapter or a corresponding law; or\n- (ii) for the purposes of any legal proceeding arising out of or otherwise related to this chapter or a corresponding law or of any report of the proceedings; or\n- (iii) in accordance with any requirement imposed by law.\n- (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity; or\n- (b) knows that, or is reckless as to whether, the disclosure of the information— (i) endangers or will endanger the health or safety of any person; or (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to criminal activity.","sortOrder":645},{"sectionNumber":"ch.12-pt.6-div.2","sectionType":"division","heading":"Reporting and record keeping","content":"## Reporting and record keeping","sortOrder":646},{"sectionNumber":"sec.314","sectionType":"section","heading":"Report about authorities for assumed identities etc.","content":"### sec.314 Report about authorities for assumed identities etc.\n\nAs soon as practicable after the end of each financial year, but no later than 30 September, the chief executive officer of a law enforcement agency must give to the agency’s report entity a written report containing the following information in relation to the agency for the financial year—\nthe number of authorities granted;\na general description of the activities undertaken by authorised persons when using assumed identities under this chapter;\nthe number of applications for an authority that were refused;\na statement about whether or not any fraud or other unlawful activity was identified by an audit under section 316 ;\nany other information relating to authorities, assumed identities or the administration of this chapter that the report entity considers appropriate.\nThe report must not contain information that, if made public, could reasonably be expected to—\nendanger a person’s safety; or\nprejudice an investigation or prosecution; or\ncompromise any law enforcement agency’s operational activities or methodologies.\nThe report entity must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\nIn this section—\nreport entity , for a law enforcement agency, means—\nfor the police service—the Minister; or\nfor the CCC—the parliamentary committee chairperson.\ns 314 orig s 314 om 2000 No. 22 s 21\nprev s 314 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\nexp 2 February 2005 (see s 314(4))\npres s 314 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2 ; 2024 No. 45 s 134 sch 1\n(sec.314-ssec.1) As soon as practicable after the end of each financial year, but no later than 30 September, the chief executive officer of a law enforcement agency must give to the agency’s report entity a written report containing the following information in relation to the agency for the financial year— the number of authorities granted; a general description of the activities undertaken by authorised persons when using assumed identities under this chapter; the number of applications for an authority that were refused; a statement about whether or not any fraud or other unlawful activity was identified by an audit under section 316 ; any other information relating to authorities, assumed identities or the administration of this chapter that the report entity considers appropriate.\n(sec.314-ssec.2) The report must not contain information that, if made public, could reasonably be expected to— endanger a person’s safety; or prejudice an investigation or prosecution; or compromise any law enforcement agency’s operational activities or methodologies.\n(sec.314-ssec.3) The report entity must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.314-ssec.4) In this section— report entity , for a law enforcement agency, means— for the police service—the Minister; or for the CCC—the parliamentary committee chairperson.\n- (a) the number of authorities granted;\n- (b) a general description of the activities undertaken by authorised persons when using assumed identities under this chapter;\n- (c) the number of applications for an authority that were refused;\n- (d) a statement about whether or not any fraud or other unlawful activity was identified by an audit under section 316 ;\n- (e) any other information relating to authorities, assumed identities or the administration of this chapter that the report entity considers appropriate.\n- (a) endanger a person’s safety; or\n- (b) prejudice an investigation or prosecution; or\n- (c) compromise any law enforcement agency’s operational activities or methodologies.\n- (a) for the police service—the Minister; or\n- (b) for the CCC—the parliamentary committee chairperson.","sortOrder":647},{"sectionNumber":"sec.315","sectionType":"section","heading":"Record keeping","content":"### sec.315 Record keeping\n\nThe chief executive officer of a law enforcement agency must keep appropriate records about the agency’s operations under this chapter.\nThe records must contain all of the following information about each authority granted under this chapter in relation to the agency—\nthe date on which the authority was granted and the name of the person who granted it;\nif the authority was varied or cancelled under this chapter—the date it was varied or cancelled, and the name of the person who varied or cancelled it;\nthe name of the authorised person under the authority;\ndetails of the assumed identity to which the authority relates;\ndetails of any request made to an issuing agency under section 294 in relation to the authority;\nthe general nature of the duties undertaken by the authorised person under the assumed identity;\ngeneral details of relevant financial transactions entered into using the assumed identity;\ndetails of reviews of the authority under section 287 .\ns 315 prev s 315 om 2000 No. 22 s 21\npres s 315 ins 2005 No. 45 s 12\n(sec.315-ssec.1) The chief executive officer of a law enforcement agency must keep appropriate records about the agency’s operations under this chapter.\n(sec.315-ssec.2) The records must contain all of the following information about each authority granted under this chapter in relation to the agency— the date on which the authority was granted and the name of the person who granted it; if the authority was varied or cancelled under this chapter—the date it was varied or cancelled, and the name of the person who varied or cancelled it; the name of the authorised person under the authority; details of the assumed identity to which the authority relates; details of any request made to an issuing agency under section 294 in relation to the authority; the general nature of the duties undertaken by the authorised person under the assumed identity; general details of relevant financial transactions entered into using the assumed identity; details of reviews of the authority under section 287 .\n- (a) the date on which the authority was granted and the name of the person who granted it;\n- (b) if the authority was varied or cancelled under this chapter—the date it was varied or cancelled, and the name of the person who varied or cancelled it;\n- (c) the name of the authorised person under the authority;\n- (d) details of the assumed identity to which the authority relates;\n- (e) details of any request made to an issuing agency under section 294 in relation to the authority;\n- (f) the general nature of the duties undertaken by the authorised person under the assumed identity;\n- (g) general details of relevant financial transactions entered into using the assumed identity;\n- (h) details of reviews of the authority under section 287 .","sortOrder":648},{"sectionNumber":"sec.316","sectionType":"section","heading":"Audit of records","content":"### sec.316 Audit of records\n\nThe chief executive officer of a law enforcement agency must have the records kept under section 315 for each authority granted in relation to the agency audited—\nat least once every 6 months while the authority is in force; and\nat least once in the 6 months after the cancellation or expiry of the authority.\nThe parliamentary commissioner must audit the records kept by the CCC.\nThe chief executive officer of a law enforcement agency, other than the CCC, must appoint a person to audit the records kept by the agency.\nThe person appointed under subsection (3) —\nmay, but need not, be an officer of the law enforcement agency; and\nmust not be a person—\nwho granted, varied or cancelled any of the authorities to which the records under section 315 relate; or\nwho is or was an authorised person under any of the authorities to which the records relate.\nA person who conducts an audit under this section for a law enforcement agency must give the chief executive officer of the agency a written report of the results of the audit.\ns 316 prev s 316 om 2000 No. 22 s 21\npres s 316 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.316-ssec.1) The chief executive officer of a law enforcement agency must have the records kept under section 315 for each authority granted in relation to the agency audited— at least once every 6 months while the authority is in force; and at least once in the 6 months after the cancellation or expiry of the authority.\n(sec.316-ssec.2) The parliamentary commissioner must audit the records kept by the CCC.\n(sec.316-ssec.3) The chief executive officer of a law enforcement agency, other than the CCC, must appoint a person to audit the records kept by the agency.\n(sec.316-ssec.4) The person appointed under subsection (3) — may, but need not, be an officer of the law enforcement agency; and must not be a person— who granted, varied or cancelled any of the authorities to which the records under section 315 relate; or who is or was an authorised person under any of the authorities to which the records relate.\n(sec.316-ssec.5) A person who conducts an audit under this section for a law enforcement agency must give the chief executive officer of the agency a written report of the results of the audit.\n- (a) at least once every 6 months while the authority is in force; and\n- (b) at least once in the 6 months after the cancellation or expiry of the authority.\n- (a) may, but need not, be an officer of the law enforcement agency; and\n- (b) must not be a person— (i) who granted, varied or cancelled any of the authorities to which the records under section 315 relate; or (ii) who is or was an authorised person under any of the authorities to which the records relate.\n- (i) who granted, varied or cancelled any of the authorities to which the records under section 315 relate; or\n- (ii) who is or was an authorised person under any of the authorities to which the records relate.\n- (i) who granted, varied or cancelled any of the authorities to which the records under section 315 relate; or\n- (ii) who is or was an authorised person under any of the authorities to which the records relate.","sortOrder":649},{"sectionNumber":"ch.12-pt.7","sectionType":"part","heading":"Delegation","content":"# Delegation","sortOrder":650},{"sectionNumber":"sec.317","sectionType":"section","heading":"Delegation generally","content":"### sec.317 Delegation generally\n\nOther than as provided by this part, and despite any other Act or law to the contrary, the powers of a chief executive officer under this chapter may not be delegated to any other person.\ns 317 orig s 317 om 2000 No. 22 s 21\nprev s 317 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\nexp 2 February 2005 (see s 318F)\npres s 317 ins 2005 No. 45 s 12","sortOrder":651},{"sectionNumber":"sec.318","sectionType":"section","heading":"Delegation—commissioner","content":"### sec.318 Delegation—commissioner\n\nThe commissioner may delegate any of the commissioner’s powers under this chapter relating to the following to a person for the time being performing functions in the police service as a senior officer—\nthe granting, variation and cancellation of authorities;\nconducting reviews under section 287 ;\nauthorising the making of an application to the independent member for a birth certificate approval for an assumed identity;\nmaking applications under section 292 ;\nmaking requests under section 294 or 307 .\nAlso, the commissioner may delegate to a police officer of or above the rank of inspector the commissioner’s power under section 288 to apply to the independent member for authority to create a birth certificate for an assumed identity.\nNo more than 4 delegations may be in force under this section at any time.\nIn this section—\nsenior officer means—\na deputy commissioner of the police service; or\nan assistant commissioner of the police service; or\na superintendent of the police service who is responsible for covert operations.\ns 318 prev s 318 ins 2000 No. 22 s 18\namd 2003 No. 19 s 3 sch\nsub 2003 No. 49 s 10\namd 2004 No. 53 s 2 sch\nexp 2 February 2005 (see s 318F)\npres s 318 ins 2005 No. 45 s 12\namd 2021 No. 24 s 33\n(sec.318-ssec.1) The commissioner may delegate any of the commissioner’s powers under this chapter relating to the following to a person for the time being performing functions in the police service as a senior officer— the granting, variation and cancellation of authorities; conducting reviews under section 287 ; authorising the making of an application to the independent member for a birth certificate approval for an assumed identity; making applications under section 292 ; making requests under section 294 or 307 .\n(sec.318-ssec.2) Also, the commissioner may delegate to a police officer of or above the rank of inspector the commissioner’s power under section 288 to apply to the independent member for authority to create a birth certificate for an assumed identity.\n(sec.318-ssec.3) No more than 4 delegations may be in force under this section at any time.\n(sec.318-ssec.4) In this section— senior officer means— a deputy commissioner of the police service; or an assistant commissioner of the police service; or a superintendent of the police service who is responsible for covert operations.\n- (a) the granting, variation and cancellation of authorities;\n- (b) conducting reviews under section 287 ;\n- (c) authorising the making of an application to the independent member for a birth certificate approval for an assumed identity;\n- (d) making applications under section 292 ;\n- (e) making requests under section 294 or 307 .\n- (a) a deputy commissioner of the police service; or\n- (b) an assistant commissioner of the police service; or\n- (c) a superintendent of the police service who is responsible for covert operations.","sortOrder":652},{"sectionNumber":"sec.318A","sectionType":"section","heading":null,"content":"### Section sec.318A\n\ns 318A ins 2003 No. 49 s 10\nexp 2 February 2005 (see s 318F)","sortOrder":653},{"sectionNumber":"sec.318B","sectionType":"section","heading":null,"content":"### Section sec.318B\n\ns 318B ins 2003 No. 49 s 10\nexp 2 February 2005 (see s 318F)","sortOrder":654},{"sectionNumber":"sec.318C","sectionType":"section","heading":null,"content":"### Section sec.318C\n\ns 318C ins 2003 No. 49 s 10\nexp 2 February 2005 (see s 318F)","sortOrder":655},{"sectionNumber":"sec.318D","sectionType":"section","heading":null,"content":"### Section sec.318D\n\ns 318D ins 2003 No. 49 s 10\nexp 2 February 2005 (see s 318F)","sortOrder":656},{"sectionNumber":"sec.318E","sectionType":"section","heading":null,"content":"### Section sec.318E\n\ns 318E ins 2003 No. 49 s 10\nexp 2 February 2005 (see s 318F)","sortOrder":657},{"sectionNumber":"sec.318F","sectionType":"section","heading":null,"content":"### Section sec.318F\n\ns 318F ins 2003 No. 49 s 10\nexp 2 February 2005 (see s 318F)","sortOrder":658},{"sectionNumber":"sec.319","sectionType":"section","heading":"Delegation—CCC chairperson","content":"### sec.319 Delegation—CCC chairperson\n\nThe CCC chairperson may delegate any of the chairperson’s powers under this chapter relating to the following to a CCC senior executive officer—\nthe granting, variation and cancellation of authorities;\nconducting reviews under section 287 ;\nauthorising the making of an application to the independent member for a birth certificate approval for an assumed identity;\nmaking applications under section 292 ;\nmaking requests under section 294 or 307 .\nAlso, the CCC chairperson may delegate to an authorised commission officer the chairperson’s power under section 288 to apply to the independent member for authority to create a birth certificate for an assumed identity.\nNo more than 4 delegations may be in force under this section at any time.\ns 319 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ss 1 , 3\n(sec.319-ssec.1) The CCC chairperson may delegate any of the chairperson’s powers under this chapter relating to the following to a CCC senior executive officer— the granting, variation and cancellation of authorities; conducting reviews under section 287 ; authorising the making of an application to the independent member for a birth certificate approval for an assumed identity; making applications under section 292 ; making requests under section 294 or 307 .\n(sec.319-ssec.2) Also, the CCC chairperson may delegate to an authorised commission officer the chairperson’s power under section 288 to apply to the independent member for authority to create a birth certificate for an assumed identity.\n(sec.319-ssec.3) No more than 4 delegations may be in force under this section at any time.\n- (a) the granting, variation and cancellation of authorities;\n- (b) conducting reviews under section 287 ;\n- (c) authorising the making of an application to the independent member for a birth certificate approval for an assumed identity;\n- (d) making applications under section 292 ;\n- (e) making requests under section 294 or 307 .","sortOrder":659},{"sectionNumber":"sec.320","sectionType":"section","heading":"Delegation—ACC","content":"### sec.320 Delegation—ACC\n\nThis section will be inserted when section 42 of the Cross-Border Law Enforcement Legislation Amendment Act 2005 ( 2005 Act No. 45 ) commences. Section 42 inserts this section as section 197ZFA. It will be immediately renumbered as section 320 as provided for by renumbered section 810 (2) (previously section 459A(2)).","sortOrder":660},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":661},{"sectionNumber":"sec.321","sectionType":"section","heading":"Purposes of ch 13","content":"### sec.321 Purposes of ch 13\n\nThe main purposes of this chapter are—\nto establish procedures for law enforcement officers to obtain warrants or emergency authorisations for the installation, use, maintenance and retrieval of surveillance devices in criminal investigations, including criminal investigations extending beyond this jurisdiction; and\nto enable senior officers of the police service to authorise the installation, use, maintenance and retrieval of tracking devices in this jurisdiction in circumstances in which taking a person into custody may pose a serious risk to the safety of the person or another person; and\nto enable warrants to be obtained for the retrieval of surveillance devices installed under a tracking device authorisation or the Public Safety Preservation Act 1986 ; and\nto recognise warrants and emergency authorisations issued in other jurisdictions; and\nto restrict the use, communication and publication of information obtained through the use of surveillance devices or otherwise connected with surveillance device operations; and\nto impose requirements for the secure storage and destruction of records, and the making of reports to judges, magistrates and Parliament, in connection with surveillance device operations.\ns 321 ins 2005 No. 45 s 12\namd 2017 No. 30 s 4\n- (a) to establish procedures for law enforcement officers to obtain warrants or emergency authorisations for the installation, use, maintenance and retrieval of surveillance devices in criminal investigations, including criminal investigations extending beyond this jurisdiction; and\n- (b) to enable senior officers of the police service to authorise the installation, use, maintenance and retrieval of tracking devices in this jurisdiction in circumstances in which taking a person into custody may pose a serious risk to the safety of the person or another person; and\n- (c) to enable warrants to be obtained for the retrieval of surveillance devices installed under a tracking device authorisation or the Public Safety Preservation Act 1986 ; and\n- (d) to recognise warrants and emergency authorisations issued in other jurisdictions; and\n- (e) to restrict the use, communication and publication of information obtained through the use of surveillance devices or otherwise connected with surveillance device operations; and\n- (f) to impose requirements for the secure storage and destruction of records, and the making of reports to judges, magistrates and Parliament, in connection with surveillance device operations.","sortOrder":662},{"sectionNumber":"sec.322","sectionType":"section","heading":"Definitions for ch 13","content":"### sec.322 Definitions for ch 13\n\nIn this chapter—\ncomputer means any electronic device for storing or processing information.\ncorresponding emergency authorisation means an authorisation in the nature of an emergency authorisation given under the provisions of a corresponding law whether or not the emergency authorisation is of a kind that may be issued under this chapter.\ncorresponding warrant means a warrant in the nature of a surveillance device warrant or retrieval warrant issued under the provisions of a corresponding law in relation to a relevant offence under a corresponding law.\ns 322 def corresponding warrant amd 2016 No. 62 s 493 s ch 1 pt 1\ndata surveillance device means any device or program capable of being used to record or monitor the input of information into or the output of information from a computer, but does not include an optical surveillance device.\ndevice includes instrument, apparatus and equipment.\ndisciplinary proceeding means a proceeding of a disciplinary nature under a law of any jurisdiction or of the Commonwealth.\nemergency authorisation ...\ns 322 def emergency authorisation om 2017 No. 30 s 5 (1)\nenhancement equipment , in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the surveillance device.\ninspection entity , for a law enforcement agency other than the ACC, means—\nfor the police service—the public interest monitor; or\nfor the CCC—the parliamentary commissioner.\nFor inspection requirements for the ACC, see the Surveillance Devices Act 2004 (Cwlth) , section 55 .\ns 322 def inspection entity amd 2005 No. 45 s 44 (1) – (2) ; 2014 No. 21 s 94 (2) sch 2\ninstall includes attach.\nmaintain , in relation to a surveillance device, includes—\nadjust, relocate, repair or service the device; and\nreplace a faulty device.\noptical surveillance device means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.\nplace does not include a vehicle.\ns 322 def place ins 2017 No. 30 s 5 (2)\npremises —\nincludes a place; and\nfor parts 2 , 3 and 5 —includes premises or a place outside this jurisdiction; and\ndoes not include a vehicle.\ns 322 def premises sub 2017 No. 30 s 5 (1) – (2)\nprotected information , for part 5 , division 1 , see section 351 .\npublic officer means a person employed by, or holding an office established by or under a law of, this jurisdiction or a person employed by a public authority of this jurisdiction, and includes a law enforcement officer.\nrecord includes—\nan audio, visual or audiovisual record; and\na record in digital form; and\na documentary record prepared from a record mentioned in paragraph (a) or (b) .\nrelevant offence means—\ngenerally, see section 323 ; or\nfor part 5 , division 1 , see section 351 .\nrelevant proceeding , for part 5 , division 1 , see section 351 .\nremote application for a warrant, means an application under section 800 in relation to a warrant.\nreport of a conversation or activity, includes a report of the substance, meaning or purport of the conversation or activity.\nretrieval warrant ...\ns 322 def retrieval warrant om 2017 No. 30 s 5 (1)\nsenior officer means—\nfor the police service—a police officer of at least the rank of inspector; or\nfor the CCC—an authorised commission officer; or\nfor the ACC—a member of staff of the ACC who is an SES employee within the meaning of the Public Service Act 1999 (Cwlth) .\ns 322 def senior officer amd 2005 No. 45 s 44 (3) ; 2014 No. 21 s 94 (2) sch 2\nsurveillance device means—\na data surveillance device, a listening device, an optical surveillance device or a tracking device; or\na device that is a combination of any 2 or more of the devices mentioned in paragraph (a) .\nsurveillance device warrant ...\ns 322 def surveillance device warrant om 2017 No. 30 s 5 (1)\nthree year imprisonment offence ...\ns 322 def three year imprisonment offence om 2026 No. 4 s 27\ntracking device means any electronic device capable of being used to find or monitor the geographical location of a person, vehicle or object.\ns 322 def tracking device amd 2017 No. 30 s 5 (3)\nuse of a surveillance device includes use of the device to record a conversation or other activity.\nwarrant means surveillance device warrant or retrieval warrant.\ns 322 ins 2005 No. 45 s 12\n- (a) for the police service—the public interest monitor; or\n- (b) for the CCC—the parliamentary commissioner.\n- (a) adjust, relocate, repair or service the device; and\n- (b) replace a faulty device.\n- (a) includes a place; and\n- (b) for parts 2 , 3 and 5 —includes premises or a place outside this jurisdiction; and\n- (c) does not include a vehicle.\n- (a) an audio, visual or audiovisual record; and\n- (b) a record in digital form; and\n- (c) a documentary record prepared from a record mentioned in paragraph (a) or (b) .\n- (a) generally, see section 323 ; or\n- (b) for part 5 , division 1 , see section 351 .\n- (a) for the police service—a police officer of at least the rank of inspector; or\n- (b) for the CCC—an authorised commission officer; or\n- (c) for the ACC—a member of staff of the ACC who is an SES employee within the meaning of the Public Service Act 1999 (Cwlth) .\n- (a) a data surveillance device, a listening device, an optical surveillance device or a tracking device; or\n- (b) a device that is a combination of any 2 or more of the devices mentioned in paragraph (a) .","sortOrder":663},{"sectionNumber":"sec.323","sectionType":"section","heading":"Meaning of relevant offence","content":"### sec.323 Meaning of relevant offence\n\nA relevant offence is an offence against a law of this jurisdiction that is—\na three year imprisonment offence; or\nan indictable offence included in schedule 2 .\ns 323 ins 2005 No. 45 s 12\namd 2006 No. 26 s 3 sch 1 ; 2026 No. 4 s 28\n- (a) a three year imprisonment offence; or\n- (b) an indictable offence included in schedule 2 .","sortOrder":664},{"sectionNumber":"sec.324","sectionType":"section","heading":"When an investigation is conducted in this jurisdiction","content":"### sec.324 When an investigation is conducted in this jurisdiction\n\nFor this chapter, an investigation into a relevant offence is taken to be conducted in this jurisdiction, whether or not it is also conducted in another jurisdiction, if a law enforcement officer participates in the investigation.\nThis provision is intended to cover the situation where an officer of this jurisdiction is conducting or participating in an investigation entirely in another jurisdiction for an offence of this jurisdiction, for example, a Queensland officer is investigating a conspiracy to import drugs into Queensland from New South Wales, and all the evidence of the offence is in New South Wales.\ns 324 ins 2005 No. 45 s 12","sortOrder":665},{"sectionNumber":"sec.324A","sectionType":"section","heading":"References to installation of surveillance device","content":"### sec.324A References to installation of surveillance device\n\nIn this chapter, a reference to the installation of a surveillance device includes a reference to doing anything to or in relation to a device to enable it to be used as a surveillance device.\ninstalling hardware or software on the device\nconnecting the device to another device using a wireless connection\ns 324A ins 2017 No. 30 s 6\n- • installing hardware or software on the device\n- • connecting the device to another device using a wireless connection","sortOrder":666},{"sectionNumber":"sec.325","sectionType":"section","heading":"Relationship to other laws and matters","content":"### sec.325 Relationship to other laws and matters\n\nThis chapter is not intended to affect any other law of this jurisdiction that prohibits or regulates the use of surveillance devices entirely within this jurisdiction.\nTo remove doubt, it is declared that it is intended that a warrant may be issued, or an emergency authorisation given, in this jurisdiction under this chapter for the installation, use, maintenance or retrieval of a surveillance device and any related enhancement equipment in this jurisdiction or a participating jurisdiction or both.\nHowever, a tracking device authorisation may authorise the installation, use, maintenance or retrieval of a tracking device and related enhancement equipment in this jurisdiction only.\nA function conferred under this chapter in relation to the activities of the CCC is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act.\nA function or power conferred under this chapter in relation to the activities of the ACC is only conferred for the purpose of the function or power conferred on the ACC under the Australian Crime Commission (Queensland) Act 2003 relating to suspected serious and organised crime as defined under that Act.\nAlso, nothing in this chapter authorises the doing of anything for which a warrant would be required under the Telecommunications (Interception and Access) Act 1979 (Cwlth) .\nThis chapter does not stop a law enforcement officer from using an optical surveillance device in a place where the presence of the police officer is not an offence.\nThe police officer may use an optical surveillance device to record activities in a public place or, with the occupier’s consent, install the device in a private place.\nA police officer who is lawfully at a place may use binoculars or a telescope to monitor activities at a place the police officer is not lawfully entitled to enter.\nThe Public Records Act 2023 does not apply to activities and records under this chapter.\nIn this section—\nfunction includes power.\ns 325 ins 2005 No. 45 s 12\namd 2006 No. 26 s 36 ; 2005 No. 45 s 45 ; 2007 No. 1 s 11 sch 1 ; 2009 No. 13 s 213 sch 5 ; 2014 No. 21 s 94 (2) sch 2 ; 2017 No. 30 s 7 ; 2023 No. 33 s 107 sch 5\n(sec.325-ssec.1) This chapter is not intended to affect any other law of this jurisdiction that prohibits or regulates the use of surveillance devices entirely within this jurisdiction.\n(sec.325-ssec.2) To remove doubt, it is declared that it is intended that a warrant may be issued, or an emergency authorisation given, in this jurisdiction under this chapter for the installation, use, maintenance or retrieval of a surveillance device and any related enhancement equipment in this jurisdiction or a participating jurisdiction or both.\n(sec.325-ssec.3) However, a tracking device authorisation may authorise the installation, use, maintenance or retrieval of a tracking device and related enhancement equipment in this jurisdiction only.\n(sec.325-ssec.4) A function conferred under this chapter in relation to the activities of the CCC is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act.\n(sec.325-ssec.5) A function or power conferred under this chapter in relation to the activities of the ACC is only conferred for the purpose of the function or power conferred on the ACC under the Australian Crime Commission (Queensland) Act 2003 relating to suspected serious and organised crime as defined under that Act.\n(sec.325-ssec.6) Also, nothing in this chapter authorises the doing of anything for which a warrant would be required under the Telecommunications (Interception and Access) Act 1979 (Cwlth) .\n(sec.325-ssec.7) This chapter does not stop a law enforcement officer from using an optical surveillance device in a place where the presence of the police officer is not an offence. The police officer may use an optical surveillance device to record activities in a public place or, with the occupier’s consent, install the device in a private place. A police officer who is lawfully at a place may use binoculars or a telescope to monitor activities at a place the police officer is not lawfully entitled to enter.\n(sec.325-ssec.8) The Public Records Act 2023 does not apply to activities and records under this chapter.\n(sec.325-ssec.9) In this section— function includes power.\n- 1 The police officer may use an optical surveillance device to record activities in a public place or, with the occupier’s consent, install the device in a private place.\n- 2 A police officer who is lawfully at a place may use binoculars or a telescope to monitor activities at a place the police officer is not lawfully entitled to enter.","sortOrder":667},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Warrants","content":"# Warrants","sortOrder":668},{"sectionNumber":"ch.13-pt.2-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":669},{"sectionNumber":"sec.326","sectionType":"section","heading":"Types of warrant","content":"### sec.326 Types of warrant\n\nThe following types of warrant may be issued under this part—\nsurveillance device warrants;\nretrieval warrants.\nA warrant issued by a Supreme Court judge may be issued in relation to 1 or more kinds of surveillance device.\ns 326 ins 2005 No. 45 s 12\n(sec.326-ssec.1) The following types of warrant may be issued under this part— surveillance device warrants; retrieval warrants.\n(sec.326-ssec.2) A warrant issued by a Supreme Court judge may be issued in relation to 1 or more kinds of surveillance device.\n- (a) surveillance device warrants;\n- (b) retrieval warrants.","sortOrder":670},{"sectionNumber":"sec.327","sectionType":"section","heading":"Who may issue warrants","content":"### sec.327 Who may issue warrants\n\nA Supreme Court judge may issue any warrant under this part.\nA magistrate may issue—\na surveillance device warrant—\nthat authorises the use of a tracking device only; and\nthat does not authorise covert entry to a building by a person installing it; and\na retrieval warrant in relation to a tracking device authorised under a warrant mentioned in paragraph (a) , if a magistrate issued the original warrant.\ns 327 ins 2005 No. 45 s 12\n(sec.327-ssec.1) A Supreme Court judge may issue any warrant under this part.\n(sec.327-ssec.2) A magistrate may issue— a surveillance device warrant— that authorises the use of a tracking device only; and that does not authorise covert entry to a building by a person installing it; and a retrieval warrant in relation to a tracking device authorised under a warrant mentioned in paragraph (a) , if a magistrate issued the original warrant.\n- (a) a surveillance device warrant— (i) that authorises the use of a tracking device only; and (ii) that does not authorise covert entry to a building by a person installing it; and\n- (i) that authorises the use of a tracking device only; and\n- (ii) that does not authorise covert entry to a building by a person installing it; and\n- (b) a retrieval warrant in relation to a tracking device authorised under a warrant mentioned in paragraph (a) , if a magistrate issued the original warrant.\n- (i) that authorises the use of a tracking device only; and\n- (ii) that does not authorise covert entry to a building by a person installing it; and","sortOrder":671},{"sectionNumber":"ch.13-pt.2-div.2","sectionType":"division","heading":"Surveillance device warrants","content":"## Surveillance device warrants","sortOrder":672},{"sectionNumber":"sec.328","sectionType":"section","heading":"Application for surveillance device warrant","content":"### sec.328 Application for surveillance device warrant\n\nA senior officer of a law enforcement agency may apply for the issue of a surveillance device warrant if the officer reasonably believes that—\na relevant offence has been, is being, is about to be or is likely to be committed; and\nthe use of a surveillance device in the course of an investigation is or will be necessary for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender.\nThe application may be made to—\na Supreme Court judge in any case; or\na magistrate for a surveillance device warrant that authorises the use of a tracking device only.\nThe application must be sworn and state—\nthe name of the applicant; and\nthe nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and\nthe grounds on which the warrant is sought; and\ninformation required under a regulation, whether under this Act or the Crime and Corruption Act 2001 , about any warrants issued within the previous year under either Act, or both Acts, in relation to the person stated in the application or wherever it is sought to use the surveillance device.\nThe application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the issuing of the warrant.\nWithout limiting this section, the application may seek the use of a surveillance device in a public place or in a place described by reference to a class of place.\nSubsection (3) (d) only applies to—\ninformation kept in a register that the applicant may inspect; and\ninformation the applicant otherwise actually knows.\nSubsections (5) and (6) do not apply to an application made under this Act for the ACC, but in that case the application must be supported by an affidavit as if it had been made under the Surveillance Devices Act 2004 (Cwlth) , section 14 .\nThe applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\nThe judge or magistrate may refuse to consider the application until the applicant gives the judge or magistrate all the information the judge or magistrate requires about the application in the way the judge or magistrate requires.\nAn application made under this section by a lawyer appearing for the applicant is not a remote application.\ns 328 ins 2005 No. 45 s 12\namd 2005 No. 45 s 46 ; 2014 No. 21 s 94 (2) sch 2\n(sec.328-ssec.1) A senior officer of a law enforcement agency may apply for the issue of a surveillance device warrant if the officer reasonably believes that— a relevant offence has been, is being, is about to be or is likely to be committed; and the use of a surveillance device in the course of an investigation is or will be necessary for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender.\n(sec.328-ssec.2) The application may be made to— a Supreme Court judge in any case; or a magistrate for a surveillance device warrant that authorises the use of a tracking device only.\n(sec.328-ssec.3) The application must be sworn and state— the name of the applicant; and the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and the grounds on which the warrant is sought; and information required under a regulation, whether under this Act or the Crime and Corruption Act 2001 , about any warrants issued within the previous year under either Act, or both Acts, in relation to the person stated in the application or wherever it is sought to use the surveillance device.\n(sec.328-ssec.4) The application must also fully disclose all matters of which the applicant is aware, both favourable and adverse to the issuing of the warrant.\n(sec.328-ssec.5) Without limiting this section, the application may seek the use of a surveillance device in a public place or in a place described by reference to a class of place.\n(sec.328-ssec.6) Subsection (3) (d) only applies to— information kept in a register that the applicant may inspect; and information the applicant otherwise actually knows.\n(sec.328-ssec.7) Subsections (5) and (6) do not apply to an application made under this Act for the ACC, but in that case the application must be supported by an affidavit as if it had been made under the Surveillance Devices Act 2004 (Cwlth) , section 14 .\n(sec.328-ssec.8) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\n(sec.328-ssec.9) The judge or magistrate may refuse to consider the application until the applicant gives the judge or magistrate all the information the judge or magistrate requires about the application in the way the judge or magistrate requires. An application made under this section by a lawyer appearing for the applicant is not a remote application.\n- (a) a relevant offence has been, is being, is about to be or is likely to be committed; and\n- (b) the use of a surveillance device in the course of an investigation is or will be necessary for the purpose of enabling evidence or information to be obtained of the commission of the relevant offence or the identity or location of the offender.\n- (a) a Supreme Court judge in any case; or\n- (b) a magistrate for a surveillance device warrant that authorises the use of a tracking device only.\n- (a) the name of the applicant; and\n- (b) the nature and duration of the warrant sought, including the kind of surveillance device sought to be authorised; and\n- (c) the grounds on which the warrant is sought; and\n- (d) information required under a regulation, whether under this Act or the Crime and Corruption Act 2001 , about any warrants issued within the previous year under either Act, or both Acts, in relation to the person stated in the application or wherever it is sought to use the surveillance device.\n- (a) information kept in a register that the applicant may inspect; and\n- (b) information the applicant otherwise actually knows.","sortOrder":673},{"sectionNumber":"sec.329","sectionType":"section","heading":"Who may be present at consideration of application","content":"### sec.329 Who may be present at consideration of application\n\nThe judge or magistrate must hear an application for a surveillance device warrant in the absence of anyone other than the following—\nthe applicant;\na monitor;\nsomeone the judge or magistrate permits to be present;\na lawyer representing anyone mentioned in paragraphs (a) to (c) .\nAlso, the judge or magistrate must hear the application—\nin the absence of the person proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\nwithout the relevant person having been informed of the application.\ns 329 ins 2005 No. 45 s 12\n(sec.329-ssec.1) The judge or magistrate must hear an application for a surveillance device warrant in the absence of anyone other than the following— the applicant; a monitor; someone the judge or magistrate permits to be present; a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n(sec.329-ssec.2) Also, the judge or magistrate must hear the application— in the absence of the person proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and without the relevant person having been informed of the application.\n- (a) the applicant;\n- (b) a monitor;\n- (c) someone the judge or magistrate permits to be present;\n- (d) a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n- (a) in the absence of the person proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\n- (b) without the relevant person having been informed of the application.","sortOrder":674},{"sectionNumber":"sec.330","sectionType":"section","heading":"Deciding application","content":"### sec.330 Deciding application\n\nA Supreme Court judge or a magistrate may issue a surveillance device warrant if satisfied—\nthere are reasonable grounds for the belief founding the application for the warrant; and\nfor a remote application—that it would have been impracticable for the application to have been made in person.\nIn deciding whether a surveillance device warrant should be issued, the judge or magistrate, being mindful of the highly intrusive nature of a surveillance device warrant, must have regard to—\nthe nature and gravity of the relevant offence for which the warrant is sought; and\nthe extent to which the privacy of any person is likely to be affected; and\nthe existence of alternative ways of obtaining the evidence or information sought to be obtained and the extent to which those ways may help or prejudice the investigation; and\nthe evidentiary or intelligence value of any information sought to be obtained; and\nany previous warrant of a similar kind sought or issued under this Act, the Crime and Corruption Act 2001 or a corresponding law, if known, in connection with the same offence; and\nany submissions made by a monitor.\nThe judge or magistrate may issue a warrant for the use of a surveillance device in the office of a practising lawyer only if the application for the warrant relates to the lawyer’s involvement in a relevant offence.\nA magistrate may issue a warrant for the use of a tracking device only if the warrant does not authorise covert entry to a building by a person installing the device.\ns 330 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.330-ssec.1) A Supreme Court judge or a magistrate may issue a surveillance device warrant if satisfied— there are reasonable grounds for the belief founding the application for the warrant; and for a remote application—that it would have been impracticable for the application to have been made in person.\n(sec.330-ssec.2) In deciding whether a surveillance device warrant should be issued, the judge or magistrate, being mindful of the highly intrusive nature of a surveillance device warrant, must have regard to— the nature and gravity of the relevant offence for which the warrant is sought; and the extent to which the privacy of any person is likely to be affected; and the existence of alternative ways of obtaining the evidence or information sought to be obtained and the extent to which those ways may help or prejudice the investigation; and the evidentiary or intelligence value of any information sought to be obtained; and any previous warrant of a similar kind sought or issued under this Act, the Crime and Corruption Act 2001 or a corresponding law, if known, in connection with the same offence; and any submissions made by a monitor.\n(sec.330-ssec.3) The judge or magistrate may issue a warrant for the use of a surveillance device in the office of a practising lawyer only if the application for the warrant relates to the lawyer’s involvement in a relevant offence.\n(sec.330-ssec.4) A magistrate may issue a warrant for the use of a tracking device only if the warrant does not authorise covert entry to a building by a person installing the device.\n- (a) there are reasonable grounds for the belief founding the application for the warrant; and\n- (b) for a remote application—that it would have been impracticable for the application to have been made in person.\n- (a) the nature and gravity of the relevant offence for which the warrant is sought; and\n- (b) the extent to which the privacy of any person is likely to be affected; and\n- (c) the existence of alternative ways of obtaining the evidence or information sought to be obtained and the extent to which those ways may help or prejudice the investigation; and\n- (d) the evidentiary or intelligence value of any information sought to be obtained; and\n- (e) any previous warrant of a similar kind sought or issued under this Act, the Crime and Corruption Act 2001 or a corresponding law, if known, in connection with the same offence; and\n- (f) any submissions made by a monitor.","sortOrder":675},{"sectionNumber":"sec.331","sectionType":"section","heading":"What must a surveillance device warrant contain","content":"### sec.331 What must a surveillance device warrant contain\n\nA surveillance device warrant must—\nstate that the judge or magistrate is satisfied of the matters mentioned in section 330 (1) and has had regard to the matters mentioned in section 330 (2) ; and\nstate—\nthe applicant’s name; and\nthe relevant offence in relation to which the warrant is issued; and\nthe date and time the warrant is issued; and\nthe kind of surveillance device authorised to be used; and\nif the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and\nif the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and\nif the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and\nif the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and\nthe period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and\nthe name of the law enforcement officer primarily responsible for executing the warrant; and\nany conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and\nthe time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\nFor a warrant mentioned in subsection (1) (b) (viii) , if the identity of the person is unknown, the warrant must state that fact.\nA warrant must be signed by the person issuing it and include their name.\nSee section 801 (1) for records the issuer must keep for surveillance device warrants issued on a remote application.\ns 331 ins 2005 No. 45 s 12\namd 2016 No. 62 s 493 s ch 1 pt 1 ; 2017 No. 30 s 8\n(sec.331-ssec.1) A surveillance device warrant must— state that the judge or magistrate is satisfied of the matters mentioned in section 330 (1) and has had regard to the matters mentioned in section 330 (2) ; and state— the applicant’s name; and the relevant offence in relation to which the warrant is issued; and the date and time the warrant is issued; and the kind of surveillance device authorised to be used; and if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and the name of the law enforcement officer primarily responsible for executing the warrant; and any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\n(sec.331-ssec.2) For a warrant mentioned in subsection (1) (b) (viii) , if the identity of the person is unknown, the warrant must state that fact.\n(sec.331-ssec.3) A warrant must be signed by the person issuing it and include their name. See section 801 (1) for records the issuer must keep for surveillance device warrants issued on a remote application.\n- (a) state that the judge or magistrate is satisfied of the matters mentioned in section 330 (1) and has had regard to the matters mentioned in section 330 (2) ; and\n- (b) state— (i) the applicant’s name; and (ii) the relevant offence in relation to which the warrant is issued; and (iii) the date and time the warrant is issued; and (iv) the kind of surveillance device authorised to be used; and (v) if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and (vi) if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and (vii) if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and (viii) if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and (ix) the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and (x) the name of the law enforcement officer primarily responsible for executing the warrant; and (xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and (xii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\n- (i) the applicant’s name; and\n- (ii) the relevant offence in relation to which the warrant is issued; and\n- (iii) the date and time the warrant is issued; and\n- (iv) the kind of surveillance device authorised to be used; and\n- (v) if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and\n- (vi) if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and\n- (vii) if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and\n- (viii) if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and\n- (ix) the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and\n- (x) the name of the law enforcement officer primarily responsible for executing the warrant; and\n- (xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and\n- (xii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\n- (i) the applicant’s name; and\n- (ii) the relevant offence in relation to which the warrant is issued; and\n- (iii) the date and time the warrant is issued; and\n- (iv) the kind of surveillance device authorised to be used; and\n- (v) if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and\n- (vi) if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and\n- (vii) if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and\n- (viii) if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and\n- (ix) the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and\n- (x) the name of the law enforcement officer primarily responsible for executing the warrant; and\n- (xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and\n- (xii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.","sortOrder":676},{"sectionNumber":"sec.332","sectionType":"section","heading":"What a surveillance device warrant authorises","content":"### sec.332 What a surveillance device warrant authorises\n\nA surveillance device warrant may authorise, as stated in the warrant, any 1 or more of the following—\nthe use of a surveillance device on stated premises;\nthe use of a surveillance device in or on a stated vehicle, object or class of vehicle or object;\nthe use of a surveillance device in relation to the private conversations, activities or geographical location of a stated person or a person whose identity is unknown.\nA surveillance device warrant authorises—\nfor a warrant of a kind mentioned in subsection (1) (a) —\nthe installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated premises; and\nthe entry onto the stated premises, or other premises adjoining or providing access to the stated premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\nfor a warrant of a kind mentioned in subsection (1) (b) —\nthe installation, use and maintenance of a surveillance device of the kind stated in the warrant in or on the stated vehicle or object, or a vehicle or object of the stated class; and\nthe entry onto any premises where the stated vehicle or object, or a vehicle or object of the stated class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\nthe entry into the stated vehicle, a vehicle of the stated class, or a vehicle in which the stated object or an object of the stated class is reasonably believed to be or is likely to be, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\nfor a warrant of a kind mentioned in subsection (1) (c) —\nthe installation, use and maintenance of a surveillance device of the kind stated in the warrant, on premises, or in or on a vehicle, where the person is reasonably believed to be or is likely to be; and\nthe entry onto the premises, or into the vehicle, mentioned in subparagraph (i) , or onto other premises adjoining or providing access to those premises or that vehicle, for any of the purposes mentioned in subparagraph (i) or subsection (4) .\nHowever, a surveillance device warrant of a kind mentioned in subsection (1) (a) does not authorise covert entry to a building on premises adjoining or providing access to the stated premises, unless the warrant specifically authorises the covert entry.\nA surveillance device warrant also authorises—\nthe preparatory action reasonably necessary to facilitate the installation of the surveillance device, including, for example—\ninspecting and photographing the internal layout of premises; and\nfinding out whether or not there is a device on premises that could be used as a surveillance device and the location of the device; and\nfinding a way to connect to, or transmit from, a device on premises that could be used as a surveillance device; and\nthe retrieval of the surveillance device; and\nthe installation, use, maintenance and retrieval of any enhancement equipment in relation to the surveillance device; and\nthe temporary removal of a vehicle or object from premises for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the vehicle or object to the premises; and\nthe breaking open of any thing for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment; and\nthe connection of the surveillance device or enhancement equipment to an electricity supply system and the use of electricity from that system to operate the device or equipment; and\nthe connection of the surveillance device or enhancement equipment to an object or system that may be used to transmit information in any form and the use of that object or system in relation to the operation of the device or equipment.\nA surveillance device warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the installation, use, maintenance or retrieval of a surveillance device or enhancement equipment under the warrant.\nA law enforcement officer may use a surveillance device under a warrant only if the officer is acting in the performance of the officer’s duty.\nSubsections (2) and (4) apply to a warrant subject to any conditions stated in the warrant.\ns 332 ins 2005 No. 45 s 12\namd 2014 No. 1 s 14 ; 2017 No. 30 s 9 ; 2020 No. 7 s 38\n(sec.332-ssec.1) A surveillance device warrant may authorise, as stated in the warrant, any 1 or more of the following— the use of a surveillance device on stated premises; the use of a surveillance device in or on a stated vehicle, object or class of vehicle or object; the use of a surveillance device in relation to the private conversations, activities or geographical location of a stated person or a person whose identity is unknown.\n(sec.332-ssec.2) A surveillance device warrant authorises— for a warrant of a kind mentioned in subsection (1) (a) — the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated premises; and the entry onto the stated premises, or other premises adjoining or providing access to the stated premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and for a warrant of a kind mentioned in subsection (1) (b) — the installation, use and maintenance of a surveillance device of the kind stated in the warrant in or on the stated vehicle or object, or a vehicle or object of the stated class; and the entry onto any premises where the stated vehicle or object, or a vehicle or object of the stated class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and the entry into the stated vehicle, a vehicle of the stated class, or a vehicle in which the stated object or an object of the stated class is reasonably believed to be or is likely to be, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and for a warrant of a kind mentioned in subsection (1) (c) — the installation, use and maintenance of a surveillance device of the kind stated in the warrant, on premises, or in or on a vehicle, where the person is reasonably believed to be or is likely to be; and the entry onto the premises, or into the vehicle, mentioned in subparagraph (i) , or onto other premises adjoining or providing access to those premises or that vehicle, for any of the purposes mentioned in subparagraph (i) or subsection (4) .\n(sec.332-ssec.3) However, a surveillance device warrant of a kind mentioned in subsection (1) (a) does not authorise covert entry to a building on premises adjoining or providing access to the stated premises, unless the warrant specifically authorises the covert entry.\n(sec.332-ssec.4) A surveillance device warrant also authorises— the preparatory action reasonably necessary to facilitate the installation of the surveillance device, including, for example— inspecting and photographing the internal layout of premises; and finding out whether or not there is a device on premises that could be used as a surveillance device and the location of the device; and finding a way to connect to, or transmit from, a device on premises that could be used as a surveillance device; and the retrieval of the surveillance device; and the installation, use, maintenance and retrieval of any enhancement equipment in relation to the surveillance device; and the temporary removal of a vehicle or object from premises for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the vehicle or object to the premises; and the breaking open of any thing for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment; and the connection of the surveillance device or enhancement equipment to an electricity supply system and the use of electricity from that system to operate the device or equipment; and the connection of the surveillance device or enhancement equipment to an object or system that may be used to transmit information in any form and the use of that object or system in relation to the operation of the device or equipment.\n(sec.332-ssec.5) A surveillance device warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the installation, use, maintenance or retrieval of a surveillance device or enhancement equipment under the warrant.\n(sec.332-ssec.6) A law enforcement officer may use a surveillance device under a warrant only if the officer is acting in the performance of the officer’s duty.\n(sec.332-ssec.7) Subsections (2) and (4) apply to a warrant subject to any conditions stated in the warrant.\n- (a) the use of a surveillance device on stated premises;\n- (b) the use of a surveillance device in or on a stated vehicle, object or class of vehicle or object;\n- (c) the use of a surveillance device in relation to the private conversations, activities or geographical location of a stated person or a person whose identity is unknown.\n- (a) for a warrant of a kind mentioned in subsection (1) (a) — (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated premises; and (ii) the entry onto the stated premises, or other premises adjoining or providing access to the stated premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated premises; and\n- (ii) the entry onto the stated premises, or other premises adjoining or providing access to the stated premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (b) for a warrant of a kind mentioned in subsection (1) (b) — (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant in or on the stated vehicle or object, or a vehicle or object of the stated class; and (ii) the entry onto any premises where the stated vehicle or object, or a vehicle or object of the stated class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and (iii) the entry into the stated vehicle, a vehicle of the stated class, or a vehicle in which the stated object or an object of the stated class is reasonably believed to be or is likely to be, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant in or on the stated vehicle or object, or a vehicle or object of the stated class; and\n- (ii) the entry onto any premises where the stated vehicle or object, or a vehicle or object of the stated class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (iii) the entry into the stated vehicle, a vehicle of the stated class, or a vehicle in which the stated object or an object of the stated class is reasonably believed to be or is likely to be, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (c) for a warrant of a kind mentioned in subsection (1) (c) — (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant, on premises, or in or on a vehicle, where the person is reasonably believed to be or is likely to be; and (ii) the entry onto the premises, or into the vehicle, mentioned in subparagraph (i) , or onto other premises adjoining or providing access to those premises or that vehicle, for any of the purposes mentioned in subparagraph (i) or subsection (4) .\n- (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant, on premises, or in or on a vehicle, where the person is reasonably believed to be or is likely to be; and\n- (ii) the entry onto the premises, or into the vehicle, mentioned in subparagraph (i) , or onto other premises adjoining or providing access to those premises or that vehicle, for any of the purposes mentioned in subparagraph (i) or subsection (4) .\n- (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant on the stated premises; and\n- (ii) the entry onto the stated premises, or other premises adjoining or providing access to the stated premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant in or on the stated vehicle or object, or a vehicle or object of the stated class; and\n- (ii) the entry onto any premises where the stated vehicle or object, or a vehicle or object of the stated class, is reasonably believed to be or is likely to be, or other premises adjoining or providing access to those premises, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (iii) the entry into the stated vehicle, a vehicle of the stated class, or a vehicle in which the stated object or an object of the stated class is reasonably believed to be or is likely to be, for any of the purposes mentioned in subparagraph (i) or subsection (4) ; and\n- (i) the installation, use and maintenance of a surveillance device of the kind stated in the warrant, on premises, or in or on a vehicle, where the person is reasonably believed to be or is likely to be; and\n- (ii) the entry onto the premises, or into the vehicle, mentioned in subparagraph (i) , or onto other premises adjoining or providing access to those premises or that vehicle, for any of the purposes mentioned in subparagraph (i) or subsection (4) .\n- (a) the preparatory action reasonably necessary to facilitate the installation of the surveillance device, including, for example— (i) inspecting and photographing the internal layout of premises; and (ii) finding out whether or not there is a device on premises that could be used as a surveillance device and the location of the device; and (iii) finding a way to connect to, or transmit from, a device on premises that could be used as a surveillance device; and\n- (i) inspecting and photographing the internal layout of premises; and\n- (ii) finding out whether or not there is a device on premises that could be used as a surveillance device and the location of the device; and\n- (iii) finding a way to connect to, or transmit from, a device on premises that could be used as a surveillance device; and\n- (b) the retrieval of the surveillance device; and\n- (c) the installation, use, maintenance and retrieval of any enhancement equipment in relation to the surveillance device; and\n- (d) the temporary removal of a vehicle or object from premises for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment and the return of the vehicle or object to the premises; and\n- (e) the breaking open of any thing for the purpose of the installation, maintenance or retrieval of the surveillance device or enhancement equipment; and\n- (f) the connection of the surveillance device or enhancement equipment to an electricity supply system and the use of electricity from that system to operate the device or equipment; and\n- (g) the connection of the surveillance device or enhancement equipment to an object or system that may be used to transmit information in any form and the use of that object or system in relation to the operation of the device or equipment.\n- (i) inspecting and photographing the internal layout of premises; and\n- (ii) finding out whether or not there is a device on premises that could be used as a surveillance device and the location of the device; and\n- (iii) finding a way to connect to, or transmit from, a device on premises that could be used as a surveillance device; and","sortOrder":677},{"sectionNumber":"sec.332A","sectionType":"section","heading":"Surveillance device warrant authorises use of existing device","content":"### sec.332A Surveillance device warrant authorises use of existing device\n\nThis section applies to a surveillance device warrant of a kind mentioned in section 332 (1) (a) , (b) or (c) that authorises the use of a stated kind of surveillance device on premises, or in or on a vehicle, object or class of vehicle or object.\nThe surveillance device warrant also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a surveillance device of the stated kind.\na security camera\nThis section applies whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device.\ns 332A ins 2017 No. 30 s 10\n(sec.332A-ssec.1) This section applies to a surveillance device warrant of a kind mentioned in section 332 (1) (a) , (b) or (c) that authorises the use of a stated kind of surveillance device on premises, or in or on a vehicle, object or class of vehicle or object.\n(sec.332A-ssec.2) The surveillance device warrant also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a surveillance device of the stated kind. a security camera\n(sec.332A-ssec.3) This section applies whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device.","sortOrder":678},{"sectionNumber":"sec.333","sectionType":"section","heading":"Extension and variation of surveillance device warrant","content":"### sec.333 Extension and variation of surveillance device warrant\n\nA senior officer of a law enforcement agency to whom a surveillance device warrant has been issued may apply, at any time before the expiry of the warrant—\nfor an extension of the warrant for a period of not more than 90 days from the day on which it would otherwise expire; or\nfor a variation of any of the other terms of the warrant.\nThe application must be made to—\na Supreme Court judge, if the warrant was issued by a Supreme Court judge; or\na magistrate, if the warrant was issued by a magistrate.\nSection 328 applies, with any necessary changes, to an application under this section as if it were an application for the warrant.\nThe judge or magistrate may grant an application, subject to any conditions the judge or magistrate considers appropriate, if satisfied that the matters mentioned in section 330 (1) still exist, having regard to the matters mentioned in section 330 (2) .\nIf the judge or magistrate grants the application, the judge or magistrate must write the new expiry date or the other varied term on the original warrant.\nAn application may be made under this section more than once.\ns 333 ins 2005 No. 45 s 12\n(sec.333-ssec.1) A senior officer of a law enforcement agency to whom a surveillance device warrant has been issued may apply, at any time before the expiry of the warrant— for an extension of the warrant for a period of not more than 90 days from the day on which it would otherwise expire; or for a variation of any of the other terms of the warrant.\n(sec.333-ssec.2) The application must be made to— a Supreme Court judge, if the warrant was issued by a Supreme Court judge; or a magistrate, if the warrant was issued by a magistrate.\n(sec.333-ssec.3) Section 328 applies, with any necessary changes, to an application under this section as if it were an application for the warrant.\n(sec.333-ssec.4) The judge or magistrate may grant an application, subject to any conditions the judge or magistrate considers appropriate, if satisfied that the matters mentioned in section 330 (1) still exist, having regard to the matters mentioned in section 330 (2) .\n(sec.333-ssec.5) If the judge or magistrate grants the application, the judge or magistrate must write the new expiry date or the other varied term on the original warrant.\n(sec.333-ssec.6) An application may be made under this section more than once.\n- (a) for an extension of the warrant for a period of not more than 90 days from the day on which it would otherwise expire; or\n- (b) for a variation of any of the other terms of the warrant.\n- (a) a Supreme Court judge, if the warrant was issued by a Supreme Court judge; or\n- (b) a magistrate, if the warrant was issued by a magistrate.","sortOrder":679},{"sectionNumber":"sec.334","sectionType":"section","heading":"Revocation of surveillance device warrant","content":"### sec.334 Revocation of surveillance device warrant\n\nA surveillance device warrant may be revoked at any time before the expiry of the period of validity stated in it by—\na Supreme Court judge, if a Supreme Court judge issued the warrant; or\na magistrate, if a magistrate issued the warrant.\nAlso, a judge or magistrate may revoke a surveillance device warrant after receiving a report under section 357 about the warrant.\nA judge or magistrate who revokes a warrant must cause notice of the revocation to be given to the chief executive officer of the law enforcement agency of which the law enforcement officer to whom the warrant was issued is a member.\ns 334 ins 2005 No. 45 s 12\namd 2016 No. 62 s 493 s ch 1 pt 1\n(sec.334-ssec.1) A surveillance device warrant may be revoked at any time before the expiry of the period of validity stated in it by— a Supreme Court judge, if a Supreme Court judge issued the warrant; or a magistrate, if a magistrate issued the warrant.\n(sec.334-ssec.2) Also, a judge or magistrate may revoke a surveillance device warrant after receiving a report under section 357 about the warrant.\n(sec.334-ssec.3) A judge or magistrate who revokes a warrant must cause notice of the revocation to be given to the chief executive officer of the law enforcement agency of which the law enforcement officer to whom the warrant was issued is a member.\n- (a) a Supreme Court judge, if a Supreme Court judge issued the warrant; or\n- (b) a magistrate, if a magistrate issued the warrant.","sortOrder":680},{"sectionNumber":"sec.335","sectionType":"section","heading":"Discontinuance of use of surveillance device under warrant","content":"### sec.335 Discontinuance of use of surveillance device under warrant\n\nThis section applies if a surveillance device warrant is issued to a senior officer of a law enforcement agency.\nIf the senior officer to whom the warrant is issued, or the law enforcement officer who is primarily responsible for executing the warrant, believes that use of a surveillance device under the warrant is no longer necessary for the purpose of enabling evidence to be obtained of the commission of the relevant offence or the identity or location of the offender, the officer must inform the chief executive officer of the law enforcement agency immediately.\nIf the chief executive officer of the law enforcement agency is satisfied, whether because of subsection (2) or otherwise, that the use of a surveillance device under the warrant is no longer necessary for the purpose of enabling evidence to be obtained of the commission of the relevant offence or the identity or location of the offender, the chief executive officer—\nmust take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable; and\nmust give written notice of that fact to the public interest monitor.\nIf notice is given under subsection (3) (b) for a surveillance device warrant, the warrant stops having effect other than to the extent it authorises the removal of a surveillance device and any enhancement equipment.\nAlso, if the chief executive officer is notified that the warrant has been revoked by a judge or magistrate under section 334 (1) , the chief executive officer must take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued immediately.\ns 335 ins 2005 No. 45 s 12\n(sec.335-ssec.1) This section applies if a surveillance device warrant is issued to a senior officer of a law enforcement agency.\n(sec.335-ssec.2) If the senior officer to whom the warrant is issued, or the law enforcement officer who is primarily responsible for executing the warrant, believes that use of a surveillance device under the warrant is no longer necessary for the purpose of enabling evidence to be obtained of the commission of the relevant offence or the identity or location of the offender, the officer must inform the chief executive officer of the law enforcement agency immediately.\n(sec.335-ssec.3) If the chief executive officer of the law enforcement agency is satisfied, whether because of subsection (2) or otherwise, that the use of a surveillance device under the warrant is no longer necessary for the purpose of enabling evidence to be obtained of the commission of the relevant offence or the identity or location of the offender, the chief executive officer— must take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable; and must give written notice of that fact to the public interest monitor.\n(sec.335-ssec.4) If notice is given under subsection (3) (b) for a surveillance device warrant, the warrant stops having effect other than to the extent it authorises the removal of a surveillance device and any enhancement equipment.\n(sec.335-ssec.5) Also, if the chief executive officer is notified that the warrant has been revoked by a judge or magistrate under section 334 (1) , the chief executive officer must take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued immediately.\n- (a) must take the steps necessary to ensure that use of the surveillance device authorised by the warrant is discontinued as soon as practicable; and\n- (b) must give written notice of that fact to the public interest monitor.","sortOrder":681},{"sectionNumber":"ch.13-pt.2-div.3","sectionType":"division","heading":"Retrieval warrants","content":"## Retrieval warrants","sortOrder":682},{"sectionNumber":"sec.336","sectionType":"section","heading":"Application for retrieval warrant","content":"### sec.336 Application for retrieval warrant\n\nA law enforcement officer may apply for the issue of a retrieval warrant in relation to a surveillance device or enhancement equipment—\nthat was lawfully installed on premises, or in or on a vehicle or object, under—\na surveillance device warrant; or\na tracking device authorisation; or\na surveillance device authorisation under the Public Safety Preservation Act 1986 ; and\nthat the law enforcement officer reasonably believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or object.\nThe application may be made to—\na Supreme Court judge in any case; or\na magistrate for an application for a retrieval warrant—\nthat authorises the retrieval of a tracking device only; and\nthat does not authorise covert entry to a building by a person retrieving it.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\nThe judge or magistrate may refuse to consider the application until the applicant gives the judge all the information the judge or magistrate requires about the application in the way the judge or magistrate requires.\ns 336 ins 2005 No. 45 s 12\namd 2017 No. 30 s 11\n(sec.336-ssec.1) A law enforcement officer may apply for the issue of a retrieval warrant in relation to a surveillance device or enhancement equipment— that was lawfully installed on premises, or in or on a vehicle or object, under— a surveillance device warrant; or a tracking device authorisation; or a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and that the law enforcement officer reasonably believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or object.\n(sec.336-ssec.2) The application may be made to— a Supreme Court judge in any case; or a magistrate for an application for a retrieval warrant— that authorises the retrieval of a tracking device only; and that does not authorise covert entry to a building by a person retrieving it.\n(sec.336-ssec.3) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.336-ssec.4) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\n(sec.336-ssec.5) The judge or magistrate may refuse to consider the application until the applicant gives the judge all the information the judge or magistrate requires about the application in the way the judge or magistrate requires.\n- (a) that was lawfully installed on premises, or in or on a vehicle or object, under— (i) a surveillance device warrant; or (ii) a tracking device authorisation; or (iii) a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and\n- (i) a surveillance device warrant; or\n- (ii) a tracking device authorisation; or\n- (iii) a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and\n- (b) that the law enforcement officer reasonably believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or object.\n- (i) a surveillance device warrant; or\n- (ii) a tracking device authorisation; or\n- (iii) a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and\n- (a) a Supreme Court judge in any case; or\n- (b) a magistrate for an application for a retrieval warrant— (i) that authorises the retrieval of a tracking device only; and (ii) that does not authorise covert entry to a building by a person retrieving it.\n- (i) that authorises the retrieval of a tracking device only; and\n- (ii) that does not authorise covert entry to a building by a person retrieving it.\n- (i) that authorises the retrieval of a tracking device only; and\n- (ii) that does not authorise covert entry to a building by a person retrieving it.","sortOrder":683},{"sectionNumber":"sec.337","sectionType":"section","heading":"Who may be present at consideration of application","content":"### sec.337 Who may be present at consideration of application\n\nThe judge or magistrate must hear an application for a retrieval warrant in the absence of anyone other than the following—\nthe applicant;\na monitor;\nsomeone the judge or magistrate permits to be present;\na lawyer representing anyone mentioned in paragraphs (a) to (c) .\nAlso, the judge or magistrate must hear the application—\nin the absence of the person placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\nwithout the relevant person having been informed of the application.\ns 337 ins 2005 No. 45 s 12\n(sec.337-ssec.1) The judge or magistrate must hear an application for a retrieval warrant in the absence of anyone other than the following— the applicant; a monitor; someone the judge or magistrate permits to be present; a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n(sec.337-ssec.2) Also, the judge or magistrate must hear the application— in the absence of the person placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and without the relevant person having been informed of the application.\n- (a) the applicant;\n- (b) a monitor;\n- (c) someone the judge or magistrate permits to be present;\n- (d) a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n- (a) in the absence of the person placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\n- (b) without the relevant person having been informed of the application.","sortOrder":684},{"sectionNumber":"sec.338","sectionType":"section","heading":"Deciding application","content":"### sec.338 Deciding application\n\nA Supreme Court judge or a magistrate may issue a retrieval warrant if the judge or magistrate is satisfied—\nthat there are reasonable grounds for the belief founding the application for the warrant; and\nfor a remote application—that it would have been impracticable for the application to have been made in person.\nIn deciding whether a retrieval warrant should be issued, the judge or magistrate must have regard to—\nthe extent to which the privacy of any person is likely to be affected; and\nthe public interest in retrieving the device sought to be retrieved; and\nany submissions made by a monitor.\ns 338 ins 2005 No. 45 s 12\n(sec.338-ssec.1) A Supreme Court judge or a magistrate may issue a retrieval warrant if the judge or magistrate is satisfied— that there are reasonable grounds for the belief founding the application for the warrant; and for a remote application—that it would have been impracticable for the application to have been made in person.\n(sec.338-ssec.2) In deciding whether a retrieval warrant should be issued, the judge or magistrate must have regard to— the extent to which the privacy of any person is likely to be affected; and the public interest in retrieving the device sought to be retrieved; and any submissions made by a monitor.\n- (a) that there are reasonable grounds for the belief founding the application for the warrant; and\n- (b) for a remote application—that it would have been impracticable for the application to have been made in person.\n- (a) the extent to which the privacy of any person is likely to be affected; and\n- (b) the public interest in retrieving the device sought to be retrieved; and\n- (c) any submissions made by a monitor.","sortOrder":685},{"sectionNumber":"sec.339","sectionType":"section","heading":"What must a retrieval warrant contain","content":"### sec.339 What must a retrieval warrant contain\n\nA retrieval warrant must—\nstate that the judge or magistrate is satisfied of the matters mentioned in section 338 (1) and has had regard to the matters mentioned in section 338 (2) ; and\nstate—\nthe name of the applicant; and\nthe date and time the warrant is issued; and\nthe kind of surveillance device authorised to be retrieved; and\nthe premises, vehicle or object from which the surveillance device is to be retrieved; and\nthe period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and\nthe name of the law enforcement officer primarily responsible for executing the warrant; and\nany conditions on which premises may be entered under the warrant; and\nthe time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\nA warrant must be signed by the person issuing it and include their name.\nSee section 801 (1) for records the issuer must keep for retrieval warrants issued on a remote application.\ns 339 ins 2005 No. 45 s 12\namd 2017 No. 30 s 12\n(sec.339-ssec.1) A retrieval warrant must— state that the judge or magistrate is satisfied of the matters mentioned in section 338 (1) and has had regard to the matters mentioned in section 338 (2) ; and state— the name of the applicant; and the date and time the warrant is issued; and the kind of surveillance device authorised to be retrieved; and the premises, vehicle or object from which the surveillance device is to be retrieved; and the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and the name of the law enforcement officer primarily responsible for executing the warrant; and any conditions on which premises may be entered under the warrant; and the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\n(sec.339-ssec.2) A warrant must be signed by the person issuing it and include their name. See section 801 (1) for records the issuer must keep for retrieval warrants issued on a remote application.\n- (a) state that the judge or magistrate is satisfied of the matters mentioned in section 338 (1) and has had regard to the matters mentioned in section 338 (2) ; and\n- (b) state— (i) the name of the applicant; and (ii) the date and time the warrant is issued; and (iii) the kind of surveillance device authorised to be retrieved; and (iv) the premises, vehicle or object from which the surveillance device is to be retrieved; and (v) the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and (vi) the name of the law enforcement officer primarily responsible for executing the warrant; and (vii) any conditions on which premises may be entered under the warrant; and (viii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\n- (i) the name of the applicant; and\n- (ii) the date and time the warrant is issued; and\n- (iii) the kind of surveillance device authorised to be retrieved; and\n- (iv) the premises, vehicle or object from which the surveillance device is to be retrieved; and\n- (v) the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and\n- (vi) the name of the law enforcement officer primarily responsible for executing the warrant; and\n- (vii) any conditions on which premises may be entered under the warrant; and\n- (viii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.\n- (i) the name of the applicant; and\n- (ii) the date and time the warrant is issued; and\n- (iii) the kind of surveillance device authorised to be retrieved; and\n- (iv) the premises, vehicle or object from which the surveillance device is to be retrieved; and\n- (v) the period, of not more than 90 days, during which the warrant is in force, including the date and time the warrant starts and when the warrant ends; and\n- (vi) the name of the law enforcement officer primarily responsible for executing the warrant; and\n- (vii) any conditions on which premises may be entered under the warrant; and\n- (viii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.","sortOrder":686},{"sectionNumber":"sec.340","sectionType":"section","heading":"What a retrieval warrant authorises","content":"### sec.340 What a retrieval warrant authorises\n\nA retrieval warrant, subject to any conditions stated in it, authorises—\nthe retrieval of the surveillance device stated in the warrant and any enhancement equipment in relation to the device or, if the warrant relates to the retrieval of enhancement equipment only, the enhancement equipment; and\nthe entry onto premises where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and\nthe breaking open of any thing for the purpose of the retrieval of the device and equipment; and\nif the device or equipment is installed on or in a vehicle or object, the temporary removal of the vehicle or object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the vehicle or object to that place.\nAlso, the warrant authorises the use of the surveillance device and any related enhancement equipment solely for the purpose of the retrieval of the device and any enhancement equipment.\nHowever, if the warrant authorises the use of the surveillance device in another jurisdiction, subsection (2) applies subject to the corresponding law of the jurisdiction.\nA retrieval warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the retrieval of a surveillance device or enhancement equipment under the warrant.\ns 340 ins 2005 No. 45 s 12\namd 2017 No. 30 s 13\n(sec.340-ssec.1) A retrieval warrant, subject to any conditions stated in it, authorises— the retrieval of the surveillance device stated in the warrant and any enhancement equipment in relation to the device or, if the warrant relates to the retrieval of enhancement equipment only, the enhancement equipment; and the entry onto premises where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and the breaking open of any thing for the purpose of the retrieval of the device and equipment; and if the device or equipment is installed on or in a vehicle or object, the temporary removal of the vehicle or object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the vehicle or object to that place.\n(sec.340-ssec.2) Also, the warrant authorises the use of the surveillance device and any related enhancement equipment solely for the purpose of the retrieval of the device and any enhancement equipment.\n(sec.340-ssec.3) However, if the warrant authorises the use of the surveillance device in another jurisdiction, subsection (2) applies subject to the corresponding law of the jurisdiction.\n(sec.340-ssec.4) A retrieval warrant may authorise the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the retrieval of a surveillance device or enhancement equipment under the warrant.\n- (a) the retrieval of the surveillance device stated in the warrant and any enhancement equipment in relation to the device or, if the warrant relates to the retrieval of enhancement equipment only, the enhancement equipment; and\n- (b) the entry onto premises where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and\n- (c) the breaking open of any thing for the purpose of the retrieval of the device and equipment; and\n- (d) if the device or equipment is installed on or in a vehicle or object, the temporary removal of the vehicle or object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the vehicle or object to that place.","sortOrder":687},{"sectionNumber":"sec.341","sectionType":"section","heading":"Revocation of retrieval warrant","content":"### sec.341 Revocation of retrieval warrant\n\nA retrieval warrant may be revoked at any time before the expiry of the period of validity stated in it by—\na Supreme Court judge, if a Supreme Court judge issued the warrant; or\na magistrate, if a magistrate issued the warrant.\nA judge or magistrate may revoke a retrieval warrant after receiving a report under section 357 about the warrant.\nA judge or magistrate who revokes a warrant must cause notice of the revocation to be given to the chief executive officer of the law enforcement agency of which the law enforcement officer to whom the warrant was issued is a member.\ns 341 ins 2005 No. 45 s 12\n(sec.341-ssec.1) A retrieval warrant may be revoked at any time before the expiry of the period of validity stated in it by— a Supreme Court judge, if a Supreme Court judge issued the warrant; or a magistrate, if a magistrate issued the warrant.\n(sec.341-ssec.2) A judge or magistrate may revoke a retrieval warrant after receiving a report under section 357 about the warrant.\n(sec.341-ssec.3) A judge or magistrate who revokes a warrant must cause notice of the revocation to be given to the chief executive officer of the law enforcement agency of which the law enforcement officer to whom the warrant was issued is a member.\n- (a) a Supreme Court judge, if a Supreme Court judge issued the warrant; or\n- (b) a magistrate, if a magistrate issued the warrant.","sortOrder":688},{"sectionNumber":"sec.342","sectionType":"section","heading":"Discontinuance of retrieval warrant","content":"### sec.342 Discontinuance of retrieval warrant\n\nIf the law enforcement officer to whom a retrieval warrant has been issued, or who is primarily responsible for executing a retrieval warrant, believes that the grounds for issue of the warrant no longer exist, the law enforcement officer must inform the chief executive officer of the law enforcement agency immediately.\nIf the chief executive officer of a law enforcement agency is satisfied, whether because of subsection (1) or otherwise, that the grounds for issue of a retrieval warrant to a law enforcement officer of the agency no longer exist, the chief executive officer must give written notice of that fact to the public interest monitor.\nIf notice is given under subsection (2) for a retrieval warrant, the warrant stops having effect.\ns 342 ins 2005 No. 45 s 12\n(sec.342-ssec.1) If the law enforcement officer to whom a retrieval warrant has been issued, or who is primarily responsible for executing a retrieval warrant, believes that the grounds for issue of the warrant no longer exist, the law enforcement officer must inform the chief executive officer of the law enforcement agency immediately.\n(sec.342-ssec.2) If the chief executive officer of a law enforcement agency is satisfied, whether because of subsection (1) or otherwise, that the grounds for issue of a retrieval warrant to a law enforcement officer of the agency no longer exist, the chief executive officer must give written notice of that fact to the public interest monitor.\n(sec.342-ssec.3) If notice is given under subsection (2) for a retrieval warrant, the warrant stops having effect.","sortOrder":689},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Emergency authorisations","content":"# Emergency authorisations","sortOrder":690},{"sectionNumber":"sec.343","sectionType":"section","heading":"Emergency authorisation—risk of serious personal violence or substantial property damage","content":"### sec.343 Emergency authorisation—risk of serious personal violence or substantial property damage\n\nA law enforcement officer of a law enforcement agency may apply to a senior officer of the agency for an emergency authorisation for the use of a surveillance device if the law enforcement officer reasonably believes that—\nan imminent threat of serious violence to a person or substantial damage to property exists; and\nthe use of a surveillance device is immediately necessary for the purpose of dealing with the threat; and\nthe circumstances are of a degree of seriousness and the matter is of a degree of urgency that the use of a surveillance device is warranted; and\nit is not practicable in the circumstances to apply for a surveillance device warrant.\nAn application may be made orally or in writing.\nApplications may also be made under section 800 .\nA senior officer may give an emergency authorisation for the use of a surveillance device on an application under subsection (1) if satisfied that there are reasonable grounds for the belief founding the application.\nAn emergency authorisation given under this section may authorise the law enforcement officer to whom it is given to do anything that a surveillance device warrant may authorise them to do.\ns 343 ins 2005 No. 45 s 12\n(sec.343-ssec.1) A law enforcement officer of a law enforcement agency may apply to a senior officer of the agency for an emergency authorisation for the use of a surveillance device if the law enforcement officer reasonably believes that— an imminent threat of serious violence to a person or substantial damage to property exists; and the use of a surveillance device is immediately necessary for the purpose of dealing with the threat; and the circumstances are of a degree of seriousness and the matter is of a degree of urgency that the use of a surveillance device is warranted; and it is not practicable in the circumstances to apply for a surveillance device warrant.\n(sec.343-ssec.2) An application may be made orally or in writing. Applications may also be made under section 800 .\n(sec.343-ssec.3) A senior officer may give an emergency authorisation for the use of a surveillance device on an application under subsection (1) if satisfied that there are reasonable grounds for the belief founding the application.\n(sec.343-ssec.4) An emergency authorisation given under this section may authorise the law enforcement officer to whom it is given to do anything that a surveillance device warrant may authorise them to do.\n- (a) an imminent threat of serious violence to a person or substantial damage to property exists; and\n- (b) the use of a surveillance device is immediately necessary for the purpose of dealing with the threat; and\n- (c) the circumstances are of a degree of seriousness and the matter is of a degree of urgency that the use of a surveillance device is warranted; and\n- (d) it is not practicable in the circumstances to apply for a surveillance device warrant.","sortOrder":691},{"sectionNumber":"sec.343A","sectionType":"section","heading":"Emergency authorisation authorises use of existing device","content":"### sec.343A Emergency authorisation authorises use of existing device\n\nThis section applies to an emergency authorisation that authorises the use of a stated kind of surveillance device on premises, or in or on a vehicle, object or class of vehicle or object.\nThe emergency authorisation also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a surveillance device of that kind.\na security camera\nThis section applies—\nwhether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device; and\nsubject to any conditions of the emergency authorisation.\ns 343A ins 2017 No. 30 s 14\n(sec.343A-ssec.1) This section applies to an emergency authorisation that authorises the use of a stated kind of surveillance device on premises, or in or on a vehicle, object or class of vehicle or object.\n(sec.343A-ssec.2) The emergency authorisation also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a surveillance device of that kind. a security camera\n(sec.343A-ssec.3) This section applies— whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device; and subject to any conditions of the emergency authorisation.\n- (a) whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a surveillance device; and\n- (b) subject to any conditions of the emergency authorisation.","sortOrder":692},{"sectionNumber":"sec.344","sectionType":"section","heading":"Application for approval after use of surveillance device under emergency authorisation","content":"### sec.344 Application for approval after use of surveillance device under emergency authorisation\n\nWithin 2 business days after giving an emergency authorisation, a senior officer must apply to a Supreme Court judge for approval of the exercise of powers under the emergency authorisation.\nAn application must be sworn and state—\nthe name of the applicant; and\nthe kind of surveillance device sought to be approved and, if a warrant is sought, the nature and duration of the warrant; and\nthe grounds on which the approval, and warrant, if any, is sought.\nThe applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\nThe judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.\ns 344 ins 2005 No. 45 s 12\n(sec.344-ssec.1) Within 2 business days after giving an emergency authorisation, a senior officer must apply to a Supreme Court judge for approval of the exercise of powers under the emergency authorisation.\n(sec.344-ssec.2) An application must be sworn and state— the name of the applicant; and the kind of surveillance device sought to be approved and, if a warrant is sought, the nature and duration of the warrant; and the grounds on which the approval, and warrant, if any, is sought.\n(sec.344-ssec.3) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor.\n(sec.344-ssec.4) The judge may refuse to consider the application until the applicant gives the judge all the information the judge requires about the application in the way the judge requires.\n- (a) the name of the applicant; and\n- (b) the kind of surveillance device sought to be approved and, if a warrant is sought, the nature and duration of the warrant; and\n- (c) the grounds on which the approval, and warrant, if any, is sought.","sortOrder":693},{"sectionNumber":"sec.345","sectionType":"section","heading":"Who may be present at consideration of application","content":"### sec.345 Who may be present at consideration of application\n\nThe judge must hear the application for approval of the exercise of powers under the emergency authorisation in the absence of anyone other than the following—\nthe applicant;\na monitor;\nsomeone the judge permits to be present;\na lawyer representing anyone mentioned in paragraphs (a) to (c) .\nAlso, the judge must hear the application—\nin the absence of the person placed under or proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\nwithout the relevant person having been informed of the application.\ns 345 ins 2005 No. 45 s 12\n(sec.345-ssec.1) The judge must hear the application for approval of the exercise of powers under the emergency authorisation in the absence of anyone other than the following— the applicant; a monitor; someone the judge permits to be present; a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n(sec.345-ssec.2) Also, the judge must hear the application— in the absence of the person placed under or proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and without the relevant person having been informed of the application.\n- (a) the applicant;\n- (b) a monitor;\n- (c) someone the judge permits to be present;\n- (d) a lawyer representing anyone mentioned in paragraphs (a) to (c) .\n- (a) in the absence of the person placed under or proposed to be placed under surveillance (the relevant person ) or anyone likely to inform the relevant person of the application; and\n- (b) without the relevant person having been informed of the application.","sortOrder":694},{"sectionNumber":"sec.346","sectionType":"section","heading":"Consideration of application","content":"### sec.346 Consideration of application\n\nBefore deciding an application for approval of the exercise of powers under an emergency authorisation given under section 343 , the judge must, in particular, and being mindful of the highly intrusive nature of using a surveillance device, consider the following—\nthe nature of the risk of serious violence to a person or substantial damage to property;\nthe extent to which issuing a surveillance device warrant would have helped reduce or avoid the risk;\nthe extent to which law enforcement officers could have used alternative methods of investigation to help reduce or avoid the risk;\nhow much the use of alternative methods of investigation could have helped reduce or avoid the risk;\nhow much the use of alternative methods of investigation would have prejudiced the safety of the person or property because of delay or for another reason;\nwhether or not it was practicable in the circumstances to apply for a surveillance device warrant;\nany submissions made by a monitor.\ns 346 ins 2005 No. 45 s 12\n- (a) the nature of the risk of serious violence to a person or substantial damage to property;\n- (b) the extent to which issuing a surveillance device warrant would have helped reduce or avoid the risk;\n- (c) the extent to which law enforcement officers could have used alternative methods of investigation to help reduce or avoid the risk;\n- (d) how much the use of alternative methods of investigation could have helped reduce or avoid the risk;\n- (e) how much the use of alternative methods of investigation would have prejudiced the safety of the person or property because of delay or for another reason;\n- (f) whether or not it was practicable in the circumstances to apply for a surveillance device warrant;\n- (g) any submissions made by a monitor.","sortOrder":695},{"sectionNumber":"sec.347","sectionType":"section","heading":"Judge may approve emergency use of powers","content":"### sec.347 Judge may approve emergency use of powers\n\nAfter considering an application for approval of an emergency authorisation given under section 343 , the judge may approve the application if satisfied that there were reasonable grounds to believe that—\nthere was a risk of serious violence to a person or substantial damage to property; and\nusing a surveillance device may have helped reduce the risk; and\nit was not practicable in the circumstances to apply for a surveillance device warrant.\nIf the judge approves an application under this section, the judge may issue a surveillance device warrant for the continued use of the surveillance device as if the application were an application for a surveillance device warrant under part 2 , division 2 .\nIf the judge does not approve an application under this section, the judge may—\norder that the use of the surveillance device cease; and\nauthorise, on conditions the judge considers appropriate, the retrieval of the surveillance device.\nIn any case, the judge may order that any information obtained from or relating to the exercise of powers under the emergency authorisation or any record of that information be dealt with in the way stated in the order.\ns 347 ins 2005 No. 45 s 12\n(sec.347-ssec.1) After considering an application for approval of an emergency authorisation given under section 343 , the judge may approve the application if satisfied that there were reasonable grounds to believe that— there was a risk of serious violence to a person or substantial damage to property; and using a surveillance device may have helped reduce the risk; and it was not practicable in the circumstances to apply for a surveillance device warrant.\n(sec.347-ssec.2) If the judge approves an application under this section, the judge may issue a surveillance device warrant for the continued use of the surveillance device as if the application were an application for a surveillance device warrant under part 2 , division 2 .\n(sec.347-ssec.3) If the judge does not approve an application under this section, the judge may— order that the use of the surveillance device cease; and authorise, on conditions the judge considers appropriate, the retrieval of the surveillance device.\n(sec.347-ssec.4) In any case, the judge may order that any information obtained from or relating to the exercise of powers under the emergency authorisation or any record of that information be dealt with in the way stated in the order.\n- (a) there was a risk of serious violence to a person or substantial damage to property; and\n- (b) using a surveillance device may have helped reduce the risk; and\n- (c) it was not practicable in the circumstances to apply for a surveillance device warrant.\n- (a) order that the use of the surveillance device cease; and\n- (b) authorise, on conditions the judge considers appropriate, the retrieval of the surveillance device.","sortOrder":696},{"sectionNumber":"sec.348","sectionType":"section","heading":"Admissibility of evidence","content":"### sec.348 Admissibility of evidence\n\nIf the exercise of powers under an emergency authorisation is approved under section 347 , evidence obtained because of the exercise of those powers is not inadmissible in any proceeding only because the evidence was obtained before the approval.\ns 348 ins 2005 No. 45 s 12","sortOrder":697},{"sectionNumber":"ch.13-pt.3A","sectionType":"part","heading":"Tracking device authorisations","content":"# Tracking device authorisations","sortOrder":698},{"sectionNumber":"sec.348A","sectionType":"section","heading":"Power to give tracking device authorisation","content":"### sec.348A Power to give tracking device authorisation\n\nA senior officer of the police service may authorise a police officer to use a tracking device for a stated period (the authorisation period ) to find or monitor the geographical location of a person if—\nthe person is to be taken into custody; and\nthe senior officer is satisfied on reasonable grounds that—\ntaking the person into custody may pose a serious risk to the safety of the person or another person; and\nthe use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.\nAn authorisation given under subsection (1) is a tracking device authorisation .\nThe authorisation period for a tracking device authorisation must not be longer than 48 hours after the authorisation is given.\nSection 332 (1) to (5) applies to a tracking device authorisation as if a reference in the subsections to a surveillance device warrant were a reference to a tracking device authorisation.\nHowever—\nsection 332 (2) and (4) applies to a tracking device authorisation subject to any conditions of the authorisation; and\na tracking device authorisation must not authorise entry into a dwelling—\nto install a tracking device or enhancement equipment in the dwelling; or\nto retrieve a tracking device or enhancement equipment from the dwelling.\nA tracking device authorisation authorises the use of the tracking device stated in the authorisation and any enhancement equipment for the purpose of retrieving the device and equipment.\ns 348A ins 2017 No. 30 s 15\n(sec.348A-ssec.1) A senior officer of the police service may authorise a police officer to use a tracking device for a stated period (the authorisation period ) to find or monitor the geographical location of a person if— the person is to be taken into custody; and the senior officer is satisfied on reasonable grounds that— taking the person into custody may pose a serious risk to the safety of the person or another person; and the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.\n(sec.348A-ssec.2) An authorisation given under subsection (1) is a tracking device authorisation .\n(sec.348A-ssec.3) The authorisation period for a tracking device authorisation must not be longer than 48 hours after the authorisation is given.\n(sec.348A-ssec.4) Section 332 (1) to (5) applies to a tracking device authorisation as if a reference in the subsections to a surveillance device warrant were a reference to a tracking device authorisation.\n(sec.348A-ssec.5) However— section 332 (2) and (4) applies to a tracking device authorisation subject to any conditions of the authorisation; and a tracking device authorisation must not authorise entry into a dwelling— to install a tracking device or enhancement equipment in the dwelling; or to retrieve a tracking device or enhancement equipment from the dwelling.\n(sec.348A-ssec.6) A tracking device authorisation authorises the use of the tracking device stated in the authorisation and any enhancement equipment for the purpose of retrieving the device and equipment.\n- (a) the person is to be taken into custody; and\n- (b) the senior officer is satisfied on reasonable grounds that— (i) taking the person into custody may pose a serious risk to the safety of the person or another person; and (ii) the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.\n- (i) taking the person into custody may pose a serious risk to the safety of the person or another person; and\n- (ii) the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.\n- (i) taking the person into custody may pose a serious risk to the safety of the person or another person; and\n- (ii) the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.\n- (a) section 332 (2) and (4) applies to a tracking device authorisation subject to any conditions of the authorisation; and\n- (b) a tracking device authorisation must not authorise entry into a dwelling— (i) to install a tracking device or enhancement equipment in the dwelling; or (ii) to retrieve a tracking device or enhancement equipment from the dwelling.\n- (i) to install a tracking device or enhancement equipment in the dwelling; or\n- (ii) to retrieve a tracking device or enhancement equipment from the dwelling.\n- (i) to install a tracking device or enhancement equipment in the dwelling; or\n- (ii) to retrieve a tracking device or enhancement equipment from the dwelling.","sortOrder":699},{"sectionNumber":"sec.348B","sectionType":"section","heading":"Tracking device authorisation authorises use of existing device","content":"### sec.348B Tracking device authorisation authorises use of existing device\n\nThis section applies to a tracking device authorisation that authorises the use of a tracking device on premises, or in or on a vehicle, object or class of vehicle or object.\nThe tracking device authorisation also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a tracking device.\nThis section applies—\nwhether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a tracking device; and\nsubject to any conditions of the tracking device authorisation.\ns 348B ins 2017 No. 30 s 15\n(sec.348B-ssec.1) This section applies to a tracking device authorisation that authorises the use of a tracking device on premises, or in or on a vehicle, object or class of vehicle or object.\n(sec.348B-ssec.2) The tracking device authorisation also authorises the use of a device (an existing device ) that is on the premises, or in or on the vehicle or object, or a vehicle or object of the class, as a tracking device.\n(sec.348B-ssec.3) This section applies— whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a tracking device; and subject to any conditions of the tracking device authorisation.\n- (a) whether or not it is necessary to do anything to or in relation to the existing device to enable it to be used as a tracking device; and\n- (b) subject to any conditions of the tracking device authorisation.","sortOrder":700},{"sectionNumber":"sec.348C","sectionType":"section","heading":"Record of tracking device authorisation","content":"### sec.348C Record of tracking device authorisation\n\nAs soon as reasonably practicable after a tracking device authorisation is given, the senior officer of the police service who gave the authorisation must make a written record stating—\nthe date and time the authorisation was given; and\nthe grounds for giving the authorisation.\ns 348C ins 2017 No. 30 s 15\n- (a) the date and time the authorisation was given; and\n- (b) the grounds for giving the authorisation.","sortOrder":701},{"sectionNumber":"sec.348D","sectionType":"section","heading":"When tracking device authorisation ends","content":"### sec.348D When tracking device authorisation ends\n\nA tracking device authorisation ends when the first of the following happens—\nthe person to whom the authorisation relates is taken into custody;\nthe authorisation period for the authorisation ends or, if the authorisation period is extended under section 348E , the period as extended ends.\nIf a tracking device authorisation ends under subsection (1) , the authorisation stops having effect other than to the extent it authorises—\nthe retrieval of the tracking device and any enhancement equipment; and\nthe use of the tracking device and any enhancement equipment for the purpose of retrieving the device and equipment.\nHowever, after a tracking device authorisation ends, a police officer may exercise a power mentioned in subsection (2) only if a senior officer of the police service approves the exercise.\nThis section does not stop a police officer from retrieving a tracking device and any enhancement equipment from premises if the presence of the police officer on the premises is not an offence.\ns 348D ins 2017 No. 30 s 15\n(sec.348D-ssec.1) A tracking device authorisation ends when the first of the following happens— the person to whom the authorisation relates is taken into custody; the authorisation period for the authorisation ends or, if the authorisation period is extended under section 348E , the period as extended ends.\n(sec.348D-ssec.2) If a tracking device authorisation ends under subsection (1) , the authorisation stops having effect other than to the extent it authorises— the retrieval of the tracking device and any enhancement equipment; and the use of the tracking device and any enhancement equipment for the purpose of retrieving the device and equipment.\n(sec.348D-ssec.3) However, after a tracking device authorisation ends, a police officer may exercise a power mentioned in subsection (2) only if a senior officer of the police service approves the exercise.\n(sec.348D-ssec.4) This section does not stop a police officer from retrieving a tracking device and any enhancement equipment from premises if the presence of the police officer on the premises is not an offence.\n- (a) the person to whom the authorisation relates is taken into custody;\n- (b) the authorisation period for the authorisation ends or, if the authorisation period is extended under section 348E , the period as extended ends.\n- (a) the retrieval of the tracking device and any enhancement equipment; and\n- (b) the use of the tracking device and any enhancement equipment for the purpose of retrieving the device and equipment.","sortOrder":702},{"sectionNumber":"sec.348E","sectionType":"section","heading":"Extension of tracking device authorisation","content":"### sec.348E Extension of tracking device authorisation\n\nBefore a tracking device authorisation ends, a senior officer of the police service may extend the authorisation period for the authorisation, if the officer is satisfied on reasonable grounds of the matters mentioned in section 348A (1) (b) .\nThe authorisation period may be extended more than once, but must not be extended by more than 48 hours each time.\nAs soon as reasonably practicable after extending the authorisation period, the senior officer of the police service must make a written record stating—\nthe date and time the extension was given; and\nthe length of the extension; and\nthe grounds for the extension.\ns 348E ins 2017 No. 30 s 15\n(sec.348E-ssec.1) Before a tracking device authorisation ends, a senior officer of the police service may extend the authorisation period for the authorisation, if the officer is satisfied on reasonable grounds of the matters mentioned in section 348A (1) (b) .\n(sec.348E-ssec.2) The authorisation period may be extended more than once, but must not be extended by more than 48 hours each time.\n(sec.348E-ssec.3) As soon as reasonably practicable after extending the authorisation period, the senior officer of the police service must make a written record stating— the date and time the extension was given; and the length of the extension; and the grounds for the extension.\n- (a) the date and time the extension was given; and\n- (b) the length of the extension; and\n- (c) the grounds for the extension.","sortOrder":703},{"sectionNumber":"ch.13-pt.4","sectionType":"part","heading":"Recognition of corresponding warrants and authorisations","content":"# Recognition of corresponding warrants and authorisations","sortOrder":704},{"sectionNumber":"sec.349","sectionType":"section","heading":"Corresponding warrants","content":"### sec.349 Corresponding warrants\n\nA corresponding warrant may be executed in this jurisdiction in accordance with its terms as if it were a surveillance device warrant or retrieval warrant, as the case requires, issued under part 2 .\nTo remove any doubt it is declared that subsection (1) applies even though the warrant—\ncould not have been issued on an application made under this chapter; or\nif issued in this jurisdiction, would have been issued subject to stated conditions applying only in this jurisdiction.\nAlso, subsection (1) applies even though the powers a law enforcement officer may exercise in the participating jurisdiction differ from powers a law enforcement officer may exercise under a warrant issued under this chapter.\ns 349 ins 2005 No. 45 s 12\n(sec.349-ssec.1) A corresponding warrant may be executed in this jurisdiction in accordance with its terms as if it were a surveillance device warrant or retrieval warrant, as the case requires, issued under part 2 .\n(sec.349-ssec.2) To remove any doubt it is declared that subsection (1) applies even though the warrant— could not have been issued on an application made under this chapter; or if issued in this jurisdiction, would have been issued subject to stated conditions applying only in this jurisdiction.\n(sec.349-ssec.3) Also, subsection (1) applies even though the powers a law enforcement officer may exercise in the participating jurisdiction differ from powers a law enforcement officer may exercise under a warrant issued under this chapter.\n- (a) could not have been issued on an application made under this chapter; or\n- (b) if issued in this jurisdiction, would have been issued subject to stated conditions applying only in this jurisdiction.","sortOrder":705},{"sectionNumber":"sec.350","sectionType":"section","heading":"Corresponding emergency authorisations","content":"### sec.350 Corresponding emergency authorisations\n\nA corresponding emergency authorisation authorises the use of a surveillance device in accordance with its terms in this jurisdiction, as if it were an emergency authorisation given under part 3 .\nSubsection (1) does not apply at any time after a judge orders, under a provision of a corresponding law that corresponds to section 347 (3) , that the use of a surveillance device under the corresponding emergency authorisation cease.\nTo remove doubt it is declared that subsection (1) applies even though the corresponding emergency authorisation could not have been issued in this jurisdiction.\ns 350 ins 2005 No. 45 s 12\n(sec.350-ssec.1) A corresponding emergency authorisation authorises the use of a surveillance device in accordance with its terms in this jurisdiction, as if it were an emergency authorisation given under part 3 .\n(sec.350-ssec.2) Subsection (1) does not apply at any time after a judge orders, under a provision of a corresponding law that corresponds to section 347 (3) , that the use of a surveillance device under the corresponding emergency authorisation cease.\n(sec.350-ssec.3) To remove doubt it is declared that subsection (1) applies even though the corresponding emergency authorisation could not have been issued in this jurisdiction.","sortOrder":706},{"sectionNumber":"ch.13-pt.5","sectionType":"part","heading":"Compliance and monitoring","content":"# Compliance and monitoring","sortOrder":707},{"sectionNumber":"ch.13-pt.5-div.1","sectionType":"division","heading":"Restrictions on use, communication and publication of information","content":"## Restrictions on use, communication and publication of information","sortOrder":708},{"sectionNumber":"sec.351","sectionType":"section","heading":"Definitions for div 1","content":"### sec.351 Definitions for div 1\n\nIn this division—\nprotected information means—\nany information obtained from the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or\nany information relating to—\nan application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or\nan application for approval of powers exercised under an emergency authorisation; or\nan application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation.\nrelevant offence means an offence against a law of this jurisdiction that is—\na three year imprisonment offence; or\nan offence included in schedule 3 .\nrelevant proceeding means any of the following—\nthe prosecution of a relevant offence;\na bail application, or a review of a decision to grant or refuse bail, in relation to a relevant offence;\na proceeding with a view to the committal of a person for trial for a relevant offence;\nan application for the exercise of a power in relation to a relevant offence—\nto a court or judicial officer; or\nby a law enforcement officer to anyone under this chapter;\na proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with a relevant offence;\na proceeding under the Confiscation Act or a corresponding law as defined under that Act for—\nthe confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or\na serious drug offender confiscation order; or\na special forfeiture order;\na proceeding for the protection of a child or a person with an impairment of the mind;\na proceeding about the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation;\na disciplinary proceeding against a public officer;\na coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence;\na proceeding under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) , section 13 , in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding for which the maximum penalty is at least 3 years imprisonment or imprisonment for life;\na proceeding for the taking of evidence under the Extradition Act 1988 (Cwlth) , section 43 , in so far as the proceeding relates to a relevant offence;\na proceeding for the extradition of a person from another jurisdiction to this jurisdiction, in so far as the proceeding relates to a relevant offence;\na proceeding under the International War Crimes Tribunals Act 1995 (Cwlth) , part 4 , division 1 ;\na proceeding of the International Criminal Court.\ns 351 def relevant proceeding amd 2008 No. 55 s 150 sch ; 2013 No. 21 s 70\ns 351 ins 2005 No. 45 s 12\n- (a) any information obtained from the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or\n- (b) any information relating to— (i) an application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or (ii) an application for approval of powers exercised under an emergency authorisation; or (iii) an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation.\n- (i) an application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or\n- (ii) an application for approval of powers exercised under an emergency authorisation; or\n- (iii) an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation.\n- (i) an application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or\n- (ii) an application for approval of powers exercised under an emergency authorisation; or\n- (iii) an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation.\n- (a) a three year imprisonment offence; or\n- (b) an offence included in schedule 3 .\n- (a) the prosecution of a relevant offence;\n- (b) a bail application, or a review of a decision to grant or refuse bail, in relation to a relevant offence;\n- (c) a proceeding with a view to the committal of a person for trial for a relevant offence;\n- (d) an application for the exercise of a power in relation to a relevant offence— (i) to a court or judicial officer; or (ii) by a law enforcement officer to anyone under this chapter;\n- (i) to a court or judicial officer; or\n- (ii) by a law enforcement officer to anyone under this chapter;\n- (e) a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with a relevant offence;\n- (f) a proceeding under the Confiscation Act or a corresponding law as defined under that Act for— (i) the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or (ii) a serious drug offender confiscation order; or (iii) a special forfeiture order;\n- (i) the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or\n- (ii) a serious drug offender confiscation order; or\n- (iii) a special forfeiture order;\n- (g) a proceeding for the protection of a child or a person with an impairment of the mind;\n- (h) a proceeding about the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation;\n- (i) a disciplinary proceeding against a public officer;\n- (j) a coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence;\n- (k) a proceeding under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) , section 13 , in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding for which the maximum penalty is at least 3 years imprisonment or imprisonment for life;\n- (l) a proceeding for the taking of evidence under the Extradition Act 1988 (Cwlth) , section 43 , in so far as the proceeding relates to a relevant offence;\n- (m) a proceeding for the extradition of a person from another jurisdiction to this jurisdiction, in so far as the proceeding relates to a relevant offence;\n- (n) a proceeding under the International War Crimes Tribunals Act 1995 (Cwlth) , part 4 , division 1 ;\n- (o) a proceeding of the International Criminal Court.\n- (i) to a court or judicial officer; or\n- (ii) by a law enforcement officer to anyone under this chapter;\n- (i) the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or\n- (ii) a serious drug offender confiscation order; or\n- (iii) a special forfeiture order;","sortOrder":709},{"sectionNumber":"sec.352","sectionType":"section","heading":"Prohibition on communication or publication of protected information","content":"### sec.352 Prohibition on communication or publication of protected information\n\nA person commits an offence if—\nthe person intentionally, knowingly or recklessly uses, communicates or publishes any protected information; and\nthe person knows that, or is reckless as to whether, the information is protected information; and\nthe person knows that, or is reckless as to whether, the use, communication or publication of the information is not permitted by this division.\nMaximum penalty—2 years imprisonment.\nA person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person—\nintends to endanger the health or safety of any person or prejudice the effective conduct of an investigation into a relevant offence; or\nknows that, or is reckless as to whether, the disclosure of the information—\nendangers or will endanger the health or safety of any person; or\nprejudices or will prejudice the effective conduct of an investigation into a relevant offence.\nMaximum penalty—10 years imprisonment.\nSubsections (1) and (2) do not apply to—\nthe use, communication or publication of any information that—\nhas been disclosed in proceedings in open court; or\nhas entered the public domain; or\nthe use or communication of protected information by a person who reasonably believes that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or\nthe communication to the Director-General, as defined under the Australian Security Intelligence Organisation Act 1979 (Cwlth) , of protected information that relates or appears to relate to activities prejudicial to security as defined under that Act; or\nthe use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth) in the performance of the officer’s official functions; or\nthe use or communication of information to a foreign country or an appropriate authority of a foreign country under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) ; or\nthe communication of information with the approval of the chief executive officer of the law enforcement agency communicating the information; or\nthe communication by the monitor to the Commonwealth Ombudsman of information the monitor is satisfied is necessary to enable the Commonwealth Ombudsman to perform functions under the Surveillance Devices Act 2004 (Cwlth) in relation to the ACC; or\nthe use or communication of information otherwise authorised under this division.\ns 352 ins 2005 No. 45 s 12\namd 2005 No. 45 s 47 ; 2017 No. 30 s 16\n(sec.352-ssec.1) A person commits an offence if— the person intentionally, knowingly or recklessly uses, communicates or publishes any protected information; and the person knows that, or is reckless as to whether, the information is protected information; and the person knows that, or is reckless as to whether, the use, communication or publication of the information is not permitted by this division. Maximum penalty—2 years imprisonment.\n(sec.352-ssec.2) A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person— intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation into a relevant offence; or knows that, or is reckless as to whether, the disclosure of the information— endangers or will endanger the health or safety of any person; or prejudices or will prejudice the effective conduct of an investigation into a relevant offence. Maximum penalty—10 years imprisonment.\n(sec.352-ssec.3) Subsections (1) and (2) do not apply to— the use, communication or publication of any information that— has been disclosed in proceedings in open court; or has entered the public domain; or the use or communication of protected information by a person who reasonably believes that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or the communication to the Director-General, as defined under the Australian Security Intelligence Organisation Act 1979 (Cwlth) , of protected information that relates or appears to relate to activities prejudicial to security as defined under that Act; or the use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth) in the performance of the officer’s official functions; or the use or communication of information to a foreign country or an appropriate authority of a foreign country under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) ; or the communication of information with the approval of the chief executive officer of the law enforcement agency communicating the information; or the communication by the monitor to the Commonwealth Ombudsman of information the monitor is satisfied is necessary to enable the Commonwealth Ombudsman to perform functions under the Surveillance Devices Act 2004 (Cwlth) in relation to the ACC; or the use or communication of information otherwise authorised under this division.\n- (a) the person intentionally, knowingly or recklessly uses, communicates or publishes any protected information; and\n- (b) the person knows that, or is reckless as to whether, the information is protected information; and\n- (c) the person knows that, or is reckless as to whether, the use, communication or publication of the information is not permitted by this division.\n- (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation into a relevant offence; or\n- (b) knows that, or is reckless as to whether, the disclosure of the information— (i) endangers or will endanger the health or safety of any person; or (ii) prejudices or will prejudice the effective conduct of an investigation into a relevant offence.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an investigation into a relevant offence.\n- (i) endangers or will endanger the health or safety of any person; or\n- (ii) prejudices or will prejudice the effective conduct of an investigation into a relevant offence.\n- (a) the use, communication or publication of any information that— (i) has been disclosed in proceedings in open court; or (ii) has entered the public domain; or\n- (i) has been disclosed in proceedings in open court; or\n- (ii) has entered the public domain; or\n- (b) the use or communication of protected information by a person who reasonably believes that the use or communication is necessary to help prevent or reduce the risk of serious violence to a person or substantial damage to property; or\n- (c) the communication to the Director-General, as defined under the Australian Security Intelligence Organisation Act 1979 (Cwlth) , of protected information that relates or appears to relate to activities prejudicial to security as defined under that Act; or\n- (d) the use or communication of information mentioned in paragraph (c) by an officer of the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth) in the performance of the officer’s official functions; or\n- (e) the use or communication of information to a foreign country or an appropriate authority of a foreign country under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) ; or\n- (f) the communication of information with the approval of the chief executive officer of the law enforcement agency communicating the information; or\n- (g) the communication by the monitor to the Commonwealth Ombudsman of information the monitor is satisfied is necessary to enable the Commonwealth Ombudsman to perform functions under the Surveillance Devices Act 2004 (Cwlth) in relation to the ACC; or\n- (h) the use or communication of information otherwise authorised under this division.\n- (i) has been disclosed in proceedings in open court; or\n- (ii) has entered the public domain; or","sortOrder":710},{"sectionNumber":"sec.353","sectionType":"section","heading":"Permitted use of protected information","content":"### sec.353 Permitted use of protected information\n\nProtected information may be used, communicated or published if it is necessary to do so for any of the following purposes—\nthe investigation of a relevant offence or a relevant offence as defined under a corresponding law;\nthe making of a decision whether or not to bring—\na relevant proceeding in relation to a relevant offence; or\na relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law;\na relevant proceeding in relation to a relevant offence, or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law;\nan investigation of a complaint against, or the conduct of, a public officer as defined under this chapter or a public officer as defined under a corresponding law;\nthe making of a decision in relation to the appointment, reappointment, term of appointment, termination or retirement of a person mentioned in paragraph (d) ;\nthe keeping of records and the making of reports by a law enforcement agency under division 2 or a law enforcement agency, as defined under a corresponding law, under provisions of the corresponding law that correspond to division 2 ;\nan inspection by an inspection entity under section 362 or an inspection under a provision of a corresponding law that corresponds to section 362 ;\nan investigation under the law of this jurisdiction or a participating jurisdiction or of the Commonwealth about the privacy of personal information;\nthe making of a decision whether or not to apply for a relevant order;\nthe making of, or deciding, an application for a relevant order;\nthe making of a decision whether or not to apply for an extension or further extension of a relevant order;\nthe making of, or deciding, an application for an extension or further extension of a relevant order;\nthe making of a decision whether or not to apply for the revocation of a relevant order;\nthe making of, or deciding, an application for the revocation of a relevant order;\na proceeding about varying or revoking a relevant order;\nthe investigation or prosecution of an offence under a provision of a corresponding preventative detention law that corresponds to a provision of the Terrorism (Preventative Detention) Act 2005 mentioned in schedule 3 .\nSubsection (1) (a) to (c) and (i) to (p) does not authorise the use, communication or publication of protected information in relation to an emergency authorisation or a corresponding emergency authorisation unless the use of powers under that emergency authorisation has been approved under section 347 or the provisions of a corresponding law that correspond to section 347 .\nHowever, subsection (2) does not apply to the use or communication of protected information in an application under section 344 or the provisions of a corresponding law that corresponds to section 344 to obtain the approval under section 347 or the provisions of the corresponding law that correspond to section 347 .\nAlso, subsection (2) does not apply to the use or communication of protected information for a purpose mentioned in subsection (1) (i) to (l) relating to—\nan initial order under the Terrorism (Preventative Detention) Act 2005 ; or\nan order in the nature of an order mentioned in paragraph (a) made under a corresponding preventative detention law.\nA reference in subsection (1) to a relevant offence, whether of this jurisdiction or another jurisdiction, is a reference to any relevant offence of the relevant jurisdiction, whether or not the offence in relation to which the relevant warrant or emergency authorisation was issued or given.\nIn this section—\ncorresponding preventative detention law means a corresponding law, as defined under the Terrorism (Preventative Detention) Act 2005 , schedule.\nrelevant order means—\na preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; or\na prohibited contact order under the Terrorism (Preventative Detention) Act 2005 ; or\nan order in the nature of an order mentioned in paragraph (a) or (b) made under—\na corresponding preventative detention law; or\nthe Criminal Code of the Commonwealth, division 104.\ns 353 ins 2005 No. 45 s 12\namd 2017 No. 30 s 17\n(sec.353-ssec.1) Protected information may be used, communicated or published if it is necessary to do so for any of the following purposes— the investigation of a relevant offence or a relevant offence as defined under a corresponding law; the making of a decision whether or not to bring— a relevant proceeding in relation to a relevant offence; or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; a relevant proceeding in relation to a relevant offence, or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law; an investigation of a complaint against, or the conduct of, a public officer as defined under this chapter or a public officer as defined under a corresponding law; the making of a decision in relation to the appointment, reappointment, term of appointment, termination or retirement of a person mentioned in paragraph (d) ; the keeping of records and the making of reports by a law enforcement agency under division 2 or a law enforcement agency, as defined under a corresponding law, under provisions of the corresponding law that correspond to division 2 ; an inspection by an inspection entity under section 362 or an inspection under a provision of a corresponding law that corresponds to section 362 ; an investigation under the law of this jurisdiction or a participating jurisdiction or of the Commonwealth about the privacy of personal information; the making of a decision whether or not to apply for a relevant order; the making of, or deciding, an application for a relevant order; the making of a decision whether or not to apply for an extension or further extension of a relevant order; the making of, or deciding, an application for an extension or further extension of a relevant order; the making of a decision whether or not to apply for the revocation of a relevant order; the making of, or deciding, an application for the revocation of a relevant order; a proceeding about varying or revoking a relevant order; the investigation or prosecution of an offence under a provision of a corresponding preventative detention law that corresponds to a provision of the Terrorism (Preventative Detention) Act 2005 mentioned in schedule 3 .\n(sec.353-ssec.2) Subsection (1) (a) to (c) and (i) to (p) does not authorise the use, communication or publication of protected information in relation to an emergency authorisation or a corresponding emergency authorisation unless the use of powers under that emergency authorisation has been approved under section 347 or the provisions of a corresponding law that correspond to section 347 .\n(sec.353-ssec.3) However, subsection (2) does not apply to the use or communication of protected information in an application under section 344 or the provisions of a corresponding law that corresponds to section 344 to obtain the approval under section 347 or the provisions of the corresponding law that correspond to section 347 .\n(sec.353-ssec.4) Also, subsection (2) does not apply to the use or communication of protected information for a purpose mentioned in subsection (1) (i) to (l) relating to— an initial order under the Terrorism (Preventative Detention) Act 2005 ; or an order in the nature of an order mentioned in paragraph (a) made under a corresponding preventative detention law.\n(sec.353-ssec.5) A reference in subsection (1) to a relevant offence, whether of this jurisdiction or another jurisdiction, is a reference to any relevant offence of the relevant jurisdiction, whether or not the offence in relation to which the relevant warrant or emergency authorisation was issued or given.\n(sec.353-ssec.6) In this section— corresponding preventative detention law means a corresponding law, as defined under the Terrorism (Preventative Detention) Act 2005 , schedule. relevant order means— a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; or a prohibited contact order under the Terrorism (Preventative Detention) Act 2005 ; or an order in the nature of an order mentioned in paragraph (a) or (b) made under— a corresponding preventative detention law; or the Criminal Code of the Commonwealth, division 104.\n- (a) the investigation of a relevant offence or a relevant offence as defined under a corresponding law;\n- (b) the making of a decision whether or not to bring— (i) a relevant proceeding in relation to a relevant offence; or (ii) a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law;\n- (i) a relevant proceeding in relation to a relevant offence; or\n- (ii) a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law;\n- (c) a relevant proceeding in relation to a relevant offence, or a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law;\n- (d) an investigation of a complaint against, or the conduct of, a public officer as defined under this chapter or a public officer as defined under a corresponding law;\n- (e) the making of a decision in relation to the appointment, reappointment, term of appointment, termination or retirement of a person mentioned in paragraph (d) ;\n- (f) the keeping of records and the making of reports by a law enforcement agency under division 2 or a law enforcement agency, as defined under a corresponding law, under provisions of the corresponding law that correspond to division 2 ;\n- (g) an inspection by an inspection entity under section 362 or an inspection under a provision of a corresponding law that corresponds to section 362 ;\n- (h) an investigation under the law of this jurisdiction or a participating jurisdiction or of the Commonwealth about the privacy of personal information;\n- (i) the making of a decision whether or not to apply for a relevant order;\n- (j) the making of, or deciding, an application for a relevant order;\n- (k) the making of a decision whether or not to apply for an extension or further extension of a relevant order;\n- (l) the making of, or deciding, an application for an extension or further extension of a relevant order;\n- (m) the making of a decision whether or not to apply for the revocation of a relevant order;\n- (n) the making of, or deciding, an application for the revocation of a relevant order;\n- (o) a proceeding about varying or revoking a relevant order;\n- (p) the investigation or prosecution of an offence under a provision of a corresponding preventative detention law that corresponds to a provision of the Terrorism (Preventative Detention) Act 2005 mentioned in schedule 3 .\n- (i) a relevant proceeding in relation to a relevant offence; or\n- (ii) a relevant proceeding as defined under a corresponding law in relation to a relevant offence as defined under that law;\n- (a) an initial order under the Terrorism (Preventative Detention) Act 2005 ; or\n- (b) an order in the nature of an order mentioned in paragraph (a) made under a corresponding preventative detention law.\n- (a) a preventative detention order under the Terrorism (Preventative Detention) Act 2005 ; or\n- (b) a prohibited contact order under the Terrorism (Preventative Detention) Act 2005 ; or\n- (c) an order in the nature of an order mentioned in paragraph (a) or (b) made under— (i) a corresponding preventative detention law; or (ii) the Criminal Code of the Commonwealth, division 104.\n- (i) a corresponding preventative detention law; or\n- (ii) the Criminal Code of the Commonwealth, division 104.\n- (i) a corresponding preventative detention law; or\n- (ii) the Criminal Code of the Commonwealth, division 104.","sortOrder":711},{"sectionNumber":"sec.354","sectionType":"section","heading":"Dealing with records and reports obtained by use of surveillance devices","content":"### sec.354 Dealing with records and reports obtained by use of surveillance devices\n\nThis section applies to a record or report obtained by use of a surveillance device by a law enforcement officer of a law enforcement agency under—\na warrant; or\nan emergency authorisation; or\na corresponding warrant; or\na corresponding emergency authorisation; or\na tracking device authorisation.\nThe chief executive of the law enforcement agency must—\nensure the record or report is kept in a secure place that is not accessible to people who are not entitled to access or deal with the record or report; and\nensure the record or report is destroyed if satisfied the record or report is not likely to be required in connection with a purpose mentioned in section 352 (3) or 353 (1) .\nSubsection (2) does not apply to a record or report that is received into evidence in legal proceedings or disciplinary proceedings.\nSubsection (2) does not prevent information or other matter relevant to an offence of which someone has been convicted being preserved for any period or indefinitely if there is any possibility that an issue about the conviction may arise.\ns 354 ins 2005 No. 45 s 12\namd 2017 No. 30 s 18\n(sec.354-ssec.1) This section applies to a record or report obtained by use of a surveillance device by a law enforcement officer of a law enforcement agency under— a warrant; or an emergency authorisation; or a corresponding warrant; or a corresponding emergency authorisation; or a tracking device authorisation.\n(sec.354-ssec.2) The chief executive of the law enforcement agency must— ensure the record or report is kept in a secure place that is not accessible to people who are not entitled to access or deal with the record or report; and ensure the record or report is destroyed if satisfied the record or report is not likely to be required in connection with a purpose mentioned in section 352 (3) or 353 (1) .\n(sec.354-ssec.3) Subsection (2) does not apply to a record or report that is received into evidence in legal proceedings or disciplinary proceedings.\n(sec.354-ssec.4) Subsection (2) does not prevent information or other matter relevant to an offence of which someone has been convicted being preserved for any period or indefinitely if there is any possibility that an issue about the conviction may arise.\n- (a) a warrant; or\n- (b) an emergency authorisation; or\n- (c) a corresponding warrant; or\n- (d) a corresponding emergency authorisation; or\n- (e) a tracking device authorisation.\n- (a) ensure the record or report is kept in a secure place that is not accessible to people who are not entitled to access or deal with the record or report; and\n- (b) ensure the record or report is destroyed if satisfied the record or report is not likely to be required in connection with a purpose mentioned in section 352 (3) or 353 (1) .","sortOrder":712},{"sectionNumber":"sec.355","sectionType":"section","heading":"Protection of surveillance device technologies and methods","content":"### sec.355 Protection of surveillance device technologies and methods\n\nDespite the Recording of Evidence Act 1962 , a transcript of a proceeding under this chapter for an application or order or approval must not be made.\nA person must not publish a report of a proceeding under this chapter for an application or order or approval.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nSubsection (4) applies to a proceeding before a court, a tribunal or a commission of inquiry under the Commissions of Inquiry Act 1950 .\nWithout limiting section 803 , if the person conducting or presiding over a proceeding is satisfied that publication of any information disclosed in the proceeding could reasonably be expected to reveal details of surveillance device technology or methods of installation, use or retrieval of surveillance devices, the person must make any orders prohibiting or restricting publication of the information that the person considers necessary to ensure that those details are not revealed.\nSubsection (4) does not apply to the extent that the person conducting or presiding over the proceeding considers that the interests of justice require otherwise.\ns 355 ins 2005 No. 45 s 12\n(sec.355-ssec.1) Despite the Recording of Evidence Act 1962 , a transcript of a proceeding under this chapter for an application or order or approval must not be made.\n(sec.355-ssec.2) A person must not publish a report of a proceeding under this chapter for an application or order or approval. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.355-ssec.3) Subsection (4) applies to a proceeding before a court, a tribunal or a commission of inquiry under the Commissions of Inquiry Act 1950 .\n(sec.355-ssec.4) Without limiting section 803 , if the person conducting or presiding over a proceeding is satisfied that publication of any information disclosed in the proceeding could reasonably be expected to reveal details of surveillance device technology or methods of installation, use or retrieval of surveillance devices, the person must make any orders prohibiting or restricting publication of the information that the person considers necessary to ensure that those details are not revealed.\n(sec.355-ssec.5) Subsection (4) does not apply to the extent that the person conducting or presiding over the proceeding considers that the interests of justice require otherwise.","sortOrder":713},{"sectionNumber":"sec.356","sectionType":"section","heading":"Protected information in the custody of a court","content":"### sec.356 Protected information in the custody of a court\n\nA person is not entitled to search any protected information in the custody of a court unless a Supreme Court judge otherwise orders in the interests of justice.\ns 356 ins 2005 No. 45 s 12","sortOrder":714},{"sectionNumber":"ch.13-pt.5-div.2","sectionType":"division","heading":"Reporting and record keeping","content":"## Reporting and record keeping","sortOrder":715},{"sectionNumber":"sec.357","sectionType":"section","heading":"Report to judge or magistrate","content":"### sec.357 Report to judge or magistrate\n\nA law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, under this chapter must make a report as required under this section.\nThe report must be made to the judge or magistrate who issued the warrant or to the public interest monitor as stated in the warrant.\nThe report must be made—\nwithin the time stated in the warrant; or\nif the warrant is revoked before the end of the time stated in the warrant—as soon as practicable after the warrant is revoked and within the time stated in the warrant.\nFor a surveillance device warrant, the report must—\nstate whether the warrant was executed; and\nif so—\nstate the name of each person involved in the execution of the warrant; and\nstate the kind of surveillance device used; and\nstate the period when the device was used; and\nstate the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and\nstate the name, if known, of any person whose geographical location was found by the use of a tracking device; and\ngive details of any premises on which the device was installed or any place where the device was used; and\ngive details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and\ngive details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and\ngive details of the compliance with the conditions, if any, to which the warrant was subject; and\nif the warrant was extended or varied, state—\nthe number of extensions or variations; and\nthe reasons for them; and\nif written notice was given to the public interest monitor under section 335 , state the reasons for the notice.\nFor a retrieval warrant, the report must—\ngive details of any premises entered, anything opened and any vehicle or object removed and replaced under the warrant; and\nstate whether the surveillance device was retrieved under the warrant; and\nif the device was not retrieved, state the reason that the device was not retrieved; and\ngive details of the compliance with the conditions, if any, to which the warrant was subject; and\nif written notice was given to the public interest monitor under section 342 , state the reasons for the notice.\nIf a report is given to the public interest monitor, the monitor may refer the report to a judge or magistrate for the purpose of an order being made under subsection (7) .\nOn receiving a report, the judge or magistrate may order that any information obtained from or relating to the execution of the warrant or any record of that information be dealt with in the way stated in the order.\nThe function imposed on a law enforcement officer by subsection (1) may be performed by the person for the time being occupying or acting in the office or position held by the law enforcement officer.\nProvision for a statutory function to be performed by a person acting in an office is also made by the Acts Interpretation Act 1954 , section 23 (2) .\ns 357 ins 2005 No. 45 s 12\namd 2017 No. 30 s 47 sch 1\n(sec.357-ssec.1) A law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, under this chapter must make a report as required under this section.\n(sec.357-ssec.2) The report must be made to the judge or magistrate who issued the warrant or to the public interest monitor as stated in the warrant.\n(sec.357-ssec.3) The report must be made— within the time stated in the warrant; or if the warrant is revoked before the end of the time stated in the warrant—as soon as practicable after the warrant is revoked and within the time stated in the warrant.\n(sec.357-ssec.4) For a surveillance device warrant, the report must— state whether the warrant was executed; and if so— state the name of each person involved in the execution of the warrant; and state the kind of surveillance device used; and state the period when the device was used; and state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and state the name, if known, of any person whose geographical location was found by the use of a tracking device; and give details of any premises on which the device was installed or any place where the device was used; and give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and give details of the compliance with the conditions, if any, to which the warrant was subject; and if the warrant was extended or varied, state— the number of extensions or variations; and the reasons for them; and if written notice was given to the public interest monitor under section 335 , state the reasons for the notice.\n(sec.357-ssec.5) For a retrieval warrant, the report must— give details of any premises entered, anything opened and any vehicle or object removed and replaced under the warrant; and state whether the surveillance device was retrieved under the warrant; and if the device was not retrieved, state the reason that the device was not retrieved; and give details of the compliance with the conditions, if any, to which the warrant was subject; and if written notice was given to the public interest monitor under section 342 , state the reasons for the notice.\n(sec.357-ssec.6) If a report is given to the public interest monitor, the monitor may refer the report to a judge or magistrate for the purpose of an order being made under subsection (7) .\n(sec.357-ssec.7) On receiving a report, the judge or magistrate may order that any information obtained from or relating to the execution of the warrant or any record of that information be dealt with in the way stated in the order.\n(sec.357-ssec.8) The function imposed on a law enforcement officer by subsection (1) may be performed by the person for the time being occupying or acting in the office or position held by the law enforcement officer. Provision for a statutory function to be performed by a person acting in an office is also made by the Acts Interpretation Act 1954 , section 23 (2) .\n- (a) within the time stated in the warrant; or\n- (b) if the warrant is revoked before the end of the time stated in the warrant—as soon as practicable after the warrant is revoked and within the time stated in the warrant.\n- (a) state whether the warrant was executed; and\n- (b) if so— (i) state the name of each person involved in the execution of the warrant; and (ii) state the kind of surveillance device used; and (iii) state the period when the device was used; and (iv) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and (v) state the name, if known, of any person whose geographical location was found by the use of a tracking device; and (vi) give details of any premises on which the device was installed or any place where the device was used; and (vii) give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and (viii) give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and (ix) give details of the compliance with the conditions, if any, to which the warrant was subject; and\n- (i) state the name of each person involved in the execution of the warrant; and\n- (ii) state the kind of surveillance device used; and\n- (iii) state the period when the device was used; and\n- (iv) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and\n- (v) state the name, if known, of any person whose geographical location was found by the use of a tracking device; and\n- (vi) give details of any premises on which the device was installed or any place where the device was used; and\n- (vii) give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and\n- (viii) give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and\n- (ix) give details of the compliance with the conditions, if any, to which the warrant was subject; and\n- (c) if the warrant was extended or varied, state— (i) the number of extensions or variations; and (ii) the reasons for them; and\n- (i) the number of extensions or variations; and\n- (ii) the reasons for them; and\n- (d) if written notice was given to the public interest monitor under section 335 , state the reasons for the notice.\n- (i) state the name of each person involved in the execution of the warrant; and\n- (ii) state the kind of surveillance device used; and\n- (iii) state the period when the device was used; and\n- (iv) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and\n- (v) state the name, if known, of any person whose geographical location was found by the use of a tracking device; and\n- (vi) give details of any premises on which the device was installed or any place where the device was used; and\n- (vii) give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and\n- (viii) give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and\n- (ix) give details of the compliance with the conditions, if any, to which the warrant was subject; and\n- (i) the number of extensions or variations; and\n- (ii) the reasons for them; and\n- (a) give details of any premises entered, anything opened and any vehicle or object removed and replaced under the warrant; and\n- (b) state whether the surveillance device was retrieved under the warrant; and\n- (c) if the device was not retrieved, state the reason that the device was not retrieved; and\n- (d) give details of the compliance with the conditions, if any, to which the warrant was subject; and\n- (e) if written notice was given to the public interest monitor under section 342 , state the reasons for the notice.","sortOrder":716},{"sectionNumber":"sec.358","sectionType":"section","heading":"Annual reports","content":"### sec.358 Annual reports\n\nThe chief executive officer of a law enforcement agency must make a report under subsection (4) that includes the following information for each financial year—\nthe number of applications for warrants by and the number of warrants issued to law enforcement officers of the agency during that year;\nthe number of applications for emergency authorisations by and the number of emergency authorisations given to law enforcement officers of the agency during that year;\nthe number of remote applications for warrants by law enforcement officers of the agency during that year;\nthe number of applications for warrants or emergency authorisations by law enforcement officers of the agency that were refused during that year, and the reasons for refusal, if known;\nthe number of applications for variations or extensions of warrants by law enforcement officers of the agency during that year, the number of variations or extensions granted or refused and, if refused, the reasons for refusal, if known;\nthe number of arrests made by law enforcement officers of the agency during that year on the basis, entirely or partly, of information obtained by the use of a surveillance device under a warrant or emergency authorisation;\nthe number of prosecutions that were started in this jurisdiction during that year in which information obtained by the use of a surveillance device under a warrant or emergency authorisation was given in evidence and the number of those prosecutions in which a person was found guilty;\nfor the police service—\nthe number of tracking device authorisations given to police officers during that year; and\nthe number of tracking device authorisations for which the authorisation period was extended under section 348E during that year; and\nfor each tracking device authorisation given during that year, a statement about whether or not the use of the tracking device helped in minimising the risk mentioned in section 348A (1) (b) (i) ;\nany other information about the use of surveillance devices and the administration of this chapter that the Minister considers appropriate.\nThe information mentioned in subsection (1) (a) and (b) must be presented in a way that identifies the number of warrants issued and emergency authorisations given for each different kind of surveillance device.\nThe report must not contain information that—\ndiscloses or may lead to the disclosure of the identity of any person who has been, is being or is to be investigated; or\nindicates a particular investigation has been, is being or is to be conducted.\nThe report must be given as soon as practicable after the end of each financial year, but no later than 30 September, to—\nfor the police service—the Minister; or\nfor the CCC—the parliamentary committee chairperson.\nThe Surveillance Devices Act 2004 (Cwlth) makes provision for reports by the ACC about activities under State law.\nThe Minister or parliamentary committee chairperson must cause a copy of the report to be tabled in the Legislative Assembly within 14 sitting days after the Minister or chairperson receives the report.\nThe Parliament of Queensland Act 2001 , section 59 makes provision for the tabling of reports when the Assembly is not sitting.\ns 358 ins 2005 No. 45 s 12\namd 2005 No. 45 s 48 ; 2014 No. 21 s 94 (2) sch 2 ; 2017 No. 30 s 19 ; 2024 No. 45 s 134 sch 1\n(sec.358-ssec.1) The chief executive officer of a law enforcement agency must make a report under subsection (4) that includes the following information for each financial year— the number of applications for warrants by and the number of warrants issued to law enforcement officers of the agency during that year; the number of applications for emergency authorisations by and the number of emergency authorisations given to law enforcement officers of the agency during that year; the number of remote applications for warrants by law enforcement officers of the agency during that year; the number of applications for warrants or emergency authorisations by law enforcement officers of the agency that were refused during that year, and the reasons for refusal, if known; the number of applications for variations or extensions of warrants by law enforcement officers of the agency during that year, the number of variations or extensions granted or refused and, if refused, the reasons for refusal, if known; the number of arrests made by law enforcement officers of the agency during that year on the basis, entirely or partly, of information obtained by the use of a surveillance device under a warrant or emergency authorisation; the number of prosecutions that were started in this jurisdiction during that year in which information obtained by the use of a surveillance device under a warrant or emergency authorisation was given in evidence and the number of those prosecutions in which a person was found guilty; for the police service— the number of tracking device authorisations given to police officers during that year; and the number of tracking device authorisations for which the authorisation period was extended under section 348E during that year; and for each tracking device authorisation given during that year, a statement about whether or not the use of the tracking device helped in minimising the risk mentioned in section 348A (1) (b) (i) ; any other information about the use of surveillance devices and the administration of this chapter that the Minister considers appropriate.\n(sec.358-ssec.2) The information mentioned in subsection (1) (a) and (b) must be presented in a way that identifies the number of warrants issued and emergency authorisations given for each different kind of surveillance device.\n(sec.358-ssec.3) The report must not contain information that— discloses or may lead to the disclosure of the identity of any person who has been, is being or is to be investigated; or indicates a particular investigation has been, is being or is to be conducted.\n(sec.358-ssec.4) The report must be given as soon as practicable after the end of each financial year, but no later than 30 September, to— for the police service—the Minister; or for the CCC—the parliamentary committee chairperson. The Surveillance Devices Act 2004 (Cwlth) makes provision for reports by the ACC about activities under State law.\n(sec.358-ssec.5) The Minister or parliamentary committee chairperson must cause a copy of the report to be tabled in the Legislative Assembly within 14 sitting days after the Minister or chairperson receives the report. The Parliament of Queensland Act 2001 , section 59 makes provision for the tabling of reports when the Assembly is not sitting.\n- (a) the number of applications for warrants by and the number of warrants issued to law enforcement officers of the agency during that year;\n- (b) the number of applications for emergency authorisations by and the number of emergency authorisations given to law enforcement officers of the agency during that year;\n- (c) the number of remote applications for warrants by law enforcement officers of the agency during that year;\n- (d) the number of applications for warrants or emergency authorisations by law enforcement officers of the agency that were refused during that year, and the reasons for refusal, if known;\n- (e) the number of applications for variations or extensions of warrants by law enforcement officers of the agency during that year, the number of variations or extensions granted or refused and, if refused, the reasons for refusal, if known;\n- (f) the number of arrests made by law enforcement officers of the agency during that year on the basis, entirely or partly, of information obtained by the use of a surveillance device under a warrant or emergency authorisation;\n- (g) the number of prosecutions that were started in this jurisdiction during that year in which information obtained by the use of a surveillance device under a warrant or emergency authorisation was given in evidence and the number of those prosecutions in which a person was found guilty;\n- (h) for the police service— (i) the number of tracking device authorisations given to police officers during that year; and (ii) the number of tracking device authorisations for which the authorisation period was extended under section 348E during that year; and (iii) for each tracking device authorisation given during that year, a statement about whether or not the use of the tracking device helped in minimising the risk mentioned in section 348A (1) (b) (i) ;\n- (i) the number of tracking device authorisations given to police officers during that year; and\n- (ii) the number of tracking device authorisations for which the authorisation period was extended under section 348E during that year; and\n- (iii) for each tracking device authorisation given during that year, a statement about whether or not the use of the tracking device helped in minimising the risk mentioned in section 348A (1) (b) (i) ;\n- (i) any other information about the use of surveillance devices and the administration of this chapter that the Minister considers appropriate.\n- (i) the number of tracking device authorisations given to police officers during that year; and\n- (ii) the number of tracking device authorisations for which the authorisation period was extended under section 348E during that year; and\n- (iii) for each tracking device authorisation given during that year, a statement about whether or not the use of the tracking device helped in minimising the risk mentioned in section 348A (1) (b) (i) ;\n- (a) discloses or may lead to the disclosure of the identity of any person who has been, is being or is to be investigated; or\n- (b) indicates a particular investigation has been, is being or is to be conducted.\n- (a) for the police service—the Minister; or\n- (b) for the CCC—the parliamentary committee chairperson.","sortOrder":717},{"sectionNumber":"sec.359","sectionType":"section","heading":"Keeping documents connected with warrants and authorisations","content":"### sec.359 Keeping documents connected with warrants and authorisations\n\nThe chief executive officer of a law enforcement agency must cause the following or a copy of the following to be kept—\neach warrant issued to a law enforcement officer of the agency;\neach notice given to the chief executive officer under section 334 (3) of revocation of a warrant;\neach application made by a law enforcement officer of the agency for an emergency authorisation;\neach emergency authorisation given to a law enforcement officer of the agency;\neach application made by a law enforcement officer of the agency for—\na warrant; or\nvariation, extension or revocation of a warrant; or\napproval of the exercise of powers under an emergency authorisation;\neach report made under section 357 ;\neach certificate issued by a senior officer of the agency under section 364 ;\nfor the police service—each record made under section 348C or 348E (3) .\ns 359 ins 2005 No. 45 s 12\namd 2017 No. 30 s 20\n- (a) each warrant issued to a law enforcement officer of the agency;\n- (b) each notice given to the chief executive officer under section 334 (3) of revocation of a warrant;\n- (c) each application made by a law enforcement officer of the agency for an emergency authorisation;\n- (d) each emergency authorisation given to a law enforcement officer of the agency;\n- (e) each application made by a law enforcement officer of the agency for— (i) a warrant; or (ii) variation, extension or revocation of a warrant; or (iii) approval of the exercise of powers under an emergency authorisation;\n- (i) a warrant; or\n- (ii) variation, extension or revocation of a warrant; or\n- (iii) approval of the exercise of powers under an emergency authorisation;\n- (f) each report made under section 357 ;\n- (g) each certificate issued by a senior officer of the agency under section 364 ;\n- (h) for the police service—each record made under section 348C or 348E (3) .\n- (i) a warrant; or\n- (ii) variation, extension or revocation of a warrant; or\n- (iii) approval of the exercise of powers under an emergency authorisation;","sortOrder":718},{"sectionNumber":"sec.360","sectionType":"section","heading":"Other records to be kept","content":"### sec.360 Other records to be kept\n\nThe chief executive officer of a law enforcement agency must cause the following to be kept—\na statement as to whether each application made by a law enforcement officer of the agency for a warrant, or variation, extension or revocation of a warrant, was granted, refused or withdrawn;\na statement as to whether each application made by a law enforcement officer of the agency for an emergency authorisation, or for approval of powers exercised under an emergency authorisation, was granted, refused or withdrawn;\ndetails of each use by the agency, or by a law enforcement officer of the agency, of information obtained by the use of a surveillance device by a law enforcement officer of the agency;\ndetails of each communication by a law enforcement officer of the agency to a person other than a law enforcement officer of the agency of information obtained by the use of a surveillance device by a law enforcement officer of the agency;\ndetails of each occasion when, to the knowledge of a law enforcement officer of the agency, information obtained by the use of a surveillance device by a law enforcement officer of the agency was given in evidence in a relevant proceeding as defined in section 351 ;\ndetails of the destruction of records or reports under section 354 (2) (b) .\ns 360 ins 2005 No. 45 s 12\namd 2017 No. 30 s 47 sch 1\n- (a) a statement as to whether each application made by a law enforcement officer of the agency for a warrant, or variation, extension or revocation of a warrant, was granted, refused or withdrawn;\n- (b) a statement as to whether each application made by a law enforcement officer of the agency for an emergency authorisation, or for approval of powers exercised under an emergency authorisation, was granted, refused or withdrawn;\n- (c) details of each use by the agency, or by a law enforcement officer of the agency, of information obtained by the use of a surveillance device by a law enforcement officer of the agency;\n- (d) details of each communication by a law enforcement officer of the agency to a person other than a law enforcement officer of the agency of information obtained by the use of a surveillance device by a law enforcement officer of the agency;\n- (e) details of each occasion when, to the knowledge of a law enforcement officer of the agency, information obtained by the use of a surveillance device by a law enforcement officer of the agency was given in evidence in a relevant proceeding as defined in section 351 ;\n- (f) details of the destruction of records or reports under section 354 (2) (b) .","sortOrder":719},{"sectionNumber":"sec.361","sectionType":"section","heading":"Register of warrants and authorisations","content":"### sec.361 Register of warrants and authorisations\n\nThe CCC chairperson must keep a register of warrants and emergency authorisations.\nThe commissioner must keep a register of warrants, emergency authorisations and tracking device authorisations.\nA register kept under subsection (1) or (2) must be or form part of the register of covert acts kept under chapter 21 , part 2 , division 2 .\ns 361 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\nsub 2017 No. 30 s 21\n(sec.361-ssec.1) The CCC chairperson must keep a register of warrants and emergency authorisations.\n(sec.361-ssec.2) The commissioner must keep a register of warrants, emergency authorisations and tracking device authorisations.\n(sec.361-ssec.3) A register kept under subsection (1) or (2) must be or form part of the register of covert acts kept under chapter 21 , part 2 , division 2 .","sortOrder":720},{"sectionNumber":"ch.13-pt.5-div.3","sectionType":"division","heading":"Inspections","content":"## Inspections","sortOrder":721},{"sectionNumber":"sec.362","sectionType":"section","heading":"Inspection of records","content":"### sec.362 Inspection of records\n\nThe inspection entity for a law enforcement agency must, from time to time, inspect the records of the law enforcement agency to decide the extent of compliance with this chapter by the agency and law enforcement officers of the agency.\nFor the purpose of an inspection, the inspection entity—\nafter notifying the chief executive officer of the agency, may enter at any reasonable time premises occupied by the agency; and\nis entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and\nmay require a member of staff of the agency to give the inspection entity any information that the inspection entity considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.\nThe chief executive officer must ensure that members of staff of the agency give the inspection entity any help the inspection entity reasonably requires to enable the inspection entity to perform functions under this section.\nFor applying this section to the parliamentary commissioner as inspection entity for the CCC, this section does not limit the parliamentary commissioner’s powers under the Crime and Corruption Act 2001 , chapter 6 , part 4 , division 4 .\ns 362 ins 2005 No. 45 s 12\namd 2014 No. 21 s 94 (2) sch 2\n(sec.362-ssec.1) The inspection entity for a law enforcement agency must, from time to time, inspect the records of the law enforcement agency to decide the extent of compliance with this chapter by the agency and law enforcement officers of the agency.\n(sec.362-ssec.2) For the purpose of an inspection, the inspection entity— after notifying the chief executive officer of the agency, may enter at any reasonable time premises occupied by the agency; and is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and may require a member of staff of the agency to give the inspection entity any information that the inspection entity considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.\n(sec.362-ssec.3) The chief executive officer must ensure that members of staff of the agency give the inspection entity any help the inspection entity reasonably requires to enable the inspection entity to perform functions under this section.\n(sec.362-ssec.4) For applying this section to the parliamentary commissioner as inspection entity for the CCC, this section does not limit the parliamentary commissioner’s powers under the Crime and Corruption Act 2001 , chapter 6 , part 4 , division 4 .\n- (a) after notifying the chief executive officer of the agency, may enter at any reasonable time premises occupied by the agency; and\n- (b) is entitled to have full and free access at all reasonable times to all records of the agency that are relevant to the inspection; and\n- (c) may require a member of staff of the agency to give the inspection entity any information that the inspection entity considers necessary, being information that is in the member’s possession, or to which the member has access, and that is relevant to the inspection.","sortOrder":722},{"sectionNumber":"sec.363","sectionType":"section","heading":"Report on inspection","content":"### sec.363 Report on inspection\n\nThe inspection entity of a law enforcement agency must make a written report at 6 monthly intervals on the results of each inspection under section 362 .\nThe report may include comments or observations about the use and effectiveness of surveillance device warrants.\nThe inspection entity must give the report to—\nif the inspection entity is the public interest monitor—the Minister; or\nif the inspection entity is the parliamentary commissioner—the parliamentary committee chairperson.\nThe report must not contain information that—\ndiscloses or may lead to the disclosure of the identity of any person who has been, is being or is to be investigated; or\nindicates a particular investigation has been, is being or is to be conducted.\nThe Minister or the parliamentary committee chairperson must cause a copy of the report to be tabled in the Legislative Assembly within 14 sitting days after receiving the report.\nThe Parliament of Queensland Act 2001 , section 59 makes provision for the tabling of reports when the Assembly is not sitting.\ns 363 ins 2005 No. 45 s 12\n(sec.363-ssec.1) The inspection entity of a law enforcement agency must make a written report at 6 monthly intervals on the results of each inspection under section 362 .\n(sec.363-ssec.2) The report may include comments or observations about the use and effectiveness of surveillance device warrants.\n(sec.363-ssec.3) The inspection entity must give the report to— if the inspection entity is the public interest monitor—the Minister; or if the inspection entity is the parliamentary commissioner—the parliamentary committee chairperson.\n(sec.363-ssec.4) The report must not contain information that— discloses or may lead to the disclosure of the identity of any person who has been, is being or is to be investigated; or indicates a particular investigation has been, is being or is to be conducted.\n(sec.363-ssec.5) The Minister or the parliamentary committee chairperson must cause a copy of the report to be tabled in the Legislative Assembly within 14 sitting days after receiving the report. The Parliament of Queensland Act 2001 , section 59 makes provision for the tabling of reports when the Assembly is not sitting.\n- (a) if the inspection entity is the public interest monitor—the Minister; or\n- (b) if the inspection entity is the parliamentary commissioner—the parliamentary committee chairperson.\n- (a) discloses or may lead to the disclosure of the identity of any person who has been, is being or is to be investigated; or\n- (b) indicates a particular investigation has been, is being or is to be conducted.","sortOrder":723},{"sectionNumber":"ch.13-pt.5-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":724},{"sectionNumber":"sec.364","sectionType":"section","heading":"Evidentiary certificates","content":"### sec.364 Evidentiary certificates\n\nA senior officer of a law enforcement agency may issue a written certificate signed by the officer stating any facts the officer or person considers relevant about—\nanything done by a law enforcement officer of the agency, or by a person helping or providing technical expertise to the officer, in connection with the execution of a warrant or in accordance with an emergency authorisation; or\nanything done by a law enforcement officer of the agency in connection with—\nthe communication by a person to another person; or\nthe making use of; or\nthe making of a record of; or\nthe custody of a record of;\ninformation obtained by the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation.\nA document purporting to be a certificate issued under subsection (1) or under a provision of a corresponding law that corresponds to subsection (1) is admissible in any proceeding as evidence of the matters stated in it.\nSubsection (2) does not apply to a certificate to the extent that the certificate states facts about anything done in accordance with an emergency authorisation or corresponding emergency authorisation unless the use of powers under that authorisation has been approved under section 347 or under a provision of a corresponding law that corresponds to section 347 .\ns 364 ins 2005 No. 45 s 12\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.364-ssec.1) A senior officer of a law enforcement agency may issue a written certificate signed by the officer stating any facts the officer or person considers relevant about— anything done by a law enforcement officer of the agency, or by a person helping or providing technical expertise to the officer, in connection with the execution of a warrant or in accordance with an emergency authorisation; or anything done by a law enforcement officer of the agency in connection with— the communication by a person to another person; or the making use of; or the making of a record of; or the custody of a record of; information obtained by the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation.\n(sec.364-ssec.2) A document purporting to be a certificate issued under subsection (1) or under a provision of a corresponding law that corresponds to subsection (1) is admissible in any proceeding as evidence of the matters stated in it.\n(sec.364-ssec.3) Subsection (2) does not apply to a certificate to the extent that the certificate states facts about anything done in accordance with an emergency authorisation or corresponding emergency authorisation unless the use of powers under that authorisation has been approved under section 347 or under a provision of a corresponding law that corresponds to section 347 .\n- (a) anything done by a law enforcement officer of the agency, or by a person helping or providing technical expertise to the officer, in connection with the execution of a warrant or in accordance with an emergency authorisation; or\n- (b) anything done by a law enforcement officer of the agency in connection with— (i) the communication by a person to another person; or (ii) the making use of; or (iii) the making of a record of; or (iv) the custody of a record of; information obtained by the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation.\n- (i) the communication by a person to another person; or\n- (ii) the making use of; or\n- (iii) the making of a record of; or\n- (iv) the custody of a record of;\n- (i) the communication by a person to another person; or\n- (ii) the making use of; or\n- (iii) the making of a record of; or\n- (iv) the custody of a record of;","sortOrder":725},{"sectionNumber":"ch.14-pt.1","sectionType":"part","heading":"Arrest without warrant","content":"# Arrest without warrant","sortOrder":726},{"sectionNumber":"sec.365","sectionType":"section","heading":"Arrest without warrant","content":"### sec.365 Arrest without warrant\n\nIt is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspects has committed or is committing an offence if it is reasonably necessary for 1 or more of the following reasons—\nto prevent the continuation or repetition of an offence or the commission of another offence;\nto make inquiries to establish the person’s identity;\nto ensure the person’s appearance before a court;\nto obtain or preserve evidence relating to the offence;\nto prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence;\nto prevent the fabrication of evidence;\nto preserve the safety or welfare of any person, including the person arrested;\nto prevent a person fleeing from a police officer or the location of an offence;\nbecause the offence is an offence against section 790 or 791 ;\nbecause the offence is an offence against the Domestic and Family Violence Protection Act 2012 , section 177 , 177A , 178 , 179 or 179A ;\nbecause of the nature and seriousness of the offence;\nbecause the offence is—\nan offence against the Corrective Services Act 2006 , section 135 (4) ; or\nan offence to which the Corrective Services Act 2006 , section 136 applies.\nAlso, it is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an indictable offence, for questioning the person about the offence, or investigating the offence, under chapter 15 .\nSubject to the Youth Justice Act 1992 , section 13 , it is lawful for a police officer to arrest a child without warrant if the police officer reasonably suspects the child is committing or has committed an offence.\ns 365 (prev s 163) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 9\namd 2002 No. 6 s 40 ; 2002 No. 39 s 163 ; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ); 2003 No. 48 s 37 ; 2006 No. 29 s 510 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2012 No. 5 s 224 ; 2014 No. 9 s 40 sch 1 ; 2016 No. 38 s 69 sch 1 ; 2019 No. 23 s 48 s ch 1 pt 1 ; 2024 No. 45 s 114 ; 2024 No. 54 s 60 sch 1 ; 2024 No. 5 s 102 sch 1 div 2 ; 2025 No. 18 s 63\n(sec.365-ssec.1) It is lawful for a police officer, without warrant, to arrest an adult the police officer reasonably suspects has committed or is committing an offence if it is reasonably necessary for 1 or more of the following reasons— to prevent the continuation or repetition of an offence or the commission of another offence; to make inquiries to establish the person’s identity; to ensure the person’s appearance before a court; to obtain or preserve evidence relating to the offence; to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence; to prevent the fabrication of evidence; to preserve the safety or welfare of any person, including the person arrested; to prevent a person fleeing from a police officer or the location of an offence; because the offence is an offence against section 790 or 791 ; because the offence is an offence against the Domestic and Family Violence Protection Act 2012 , section 177 , 177A , 178 , 179 or 179A ; because of the nature and seriousness of the offence; because the offence is— an offence against the Corrective Services Act 2006 , section 135 (4) ; or an offence to which the Corrective Services Act 2006 , section 136 applies.\n(sec.365-ssec.2) Also, it is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an indictable offence, for questioning the person about the offence, or investigating the offence, under chapter 15 .\n(sec.365-ssec.3) Subject to the Youth Justice Act 1992 , section 13 , it is lawful for a police officer to arrest a child without warrant if the police officer reasonably suspects the child is committing or has committed an offence.\n- (a) to prevent the continuation or repetition of an offence or the commission of another offence;\n- (b) to make inquiries to establish the person’s identity;\n- (c) to ensure the person’s appearance before a court;\n- (d) to obtain or preserve evidence relating to the offence;\n- (e) to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence;\n- (f) to prevent the fabrication of evidence;\n- (g) to preserve the safety or welfare of any person, including the person arrested;\n- (h) to prevent a person fleeing from a police officer or the location of an offence;\n- (i) because the offence is an offence against section 790 or 791 ;\n- (j) because the offence is an offence against the Domestic and Family Violence Protection Act 2012 , section 177 , 177A , 178 , 179 or 179A ;\n- (k) because of the nature and seriousness of the offence;\n- (l) because the offence is— (i) an offence against the Corrective Services Act 2006 , section 135 (4) ; or (ii) an offence to which the Corrective Services Act 2006 , section 136 applies.\n- (i) an offence against the Corrective Services Act 2006 , section 135 (4) ; or\n- (ii) an offence to which the Corrective Services Act 2006 , section 136 applies.\n- (i) an offence against the Corrective Services Act 2006 , section 135 (4) ; or\n- (ii) an offence to which the Corrective Services Act 2006 , section 136 applies.","sortOrder":727},{"sectionNumber":"sec.365A","sectionType":"section","heading":"Arrest without warrant upon instruction of another police officer","content":"### sec.365A Arrest without warrant upon instruction of another police officer\n\nIt is lawful for a police officer (the arresting officer ), without warrant, to arrest a person if instructed to do so by another police officer (the instructing officer ).\nHowever, subsection (1) does not apply unless—\nthe instructing officer reasonably suspects the person has committed or is committing an offence; and\nthe arrest of the person is reasonably necessary for 1 or more of the reasons mentioned in section 365 (1) or the reason mentioned in section 365 (2) ; and\nif the person is a child—it is lawful for the instructing officer to arrest the child under section 365 (3) ; and\nit is not practicable for the instructing officer to personally arrest the person; and\nit is not practicable, because of an emergency situation or other particular circumstances, for the arresting officer to personally form the suspicion mentioned in section 365 (1) , (2) or (3) and to lawfully arrest the person under section 365 (1) , (2) or (3) .\nIf a person is arrested under subsection (1) , the instructing officer must—\nmake a record of the instruction and the reasons under subsection (2) for giving the instruction; and\ntake reasonable steps to give a copy of the record to the arresting officer.\nAlso, the instructing officer must inform the arresting officer at the earliest reasonable opportunity if the instructing officer stops holding the suspicion mentioned in subsection (2) (a) .\nA failure to give a copy of the record mentioned in subsection (3) (b) to the arresting officer does not affect the lawfulness of the arrest.\nIn this section—\nemergency situation see the Public Safety Preservation Act 1986 , schedule .\ns 365A ins 2016 No. 48 s 10\n(sec.365A-ssec.1) It is lawful for a police officer (the arresting officer ), without warrant, to arrest a person if instructed to do so by another police officer (the instructing officer ).\n(sec.365A-ssec.2) However, subsection (1) does not apply unless— the instructing officer reasonably suspects the person has committed or is committing an offence; and the arrest of the person is reasonably necessary for 1 or more of the reasons mentioned in section 365 (1) or the reason mentioned in section 365 (2) ; and if the person is a child—it is lawful for the instructing officer to arrest the child under section 365 (3) ; and it is not practicable for the instructing officer to personally arrest the person; and it is not practicable, because of an emergency situation or other particular circumstances, for the arresting officer to personally form the suspicion mentioned in section 365 (1) , (2) or (3) and to lawfully arrest the person under section 365 (1) , (2) or (3) .\n(sec.365A-ssec.3) If a person is arrested under subsection (1) , the instructing officer must— make a record of the instruction and the reasons under subsection (2) for giving the instruction; and take reasonable steps to give a copy of the record to the arresting officer.\n(sec.365A-ssec.4) Also, the instructing officer must inform the arresting officer at the earliest reasonable opportunity if the instructing officer stops holding the suspicion mentioned in subsection (2) (a) .\n(sec.365A-ssec.5) A failure to give a copy of the record mentioned in subsection (3) (b) to the arresting officer does not affect the lawfulness of the arrest.\n(sec.365A-ssec.6) In this section— emergency situation see the Public Safety Preservation Act 1986 , schedule .\n- (a) the instructing officer reasonably suspects the person has committed or is committing an offence; and\n- (b) the arrest of the person is reasonably necessary for 1 or more of the reasons mentioned in section 365 (1) or the reason mentioned in section 365 (2) ; and\n- (c) if the person is a child—it is lawful for the instructing officer to arrest the child under section 365 (3) ; and\n- (d) it is not practicable for the instructing officer to personally arrest the person; and\n- (e) it is not practicable, because of an emergency situation or other particular circumstances, for the arresting officer to personally form the suspicion mentioned in section 365 (1) , (2) or (3) and to lawfully arrest the person under section 365 (1) , (2) or (3) .\n- (a) make a record of the instruction and the reasons under subsection (2) for giving the instruction; and\n- (b) take reasonable steps to give a copy of the record to the arresting officer.","sortOrder":728},{"sectionNumber":"sec.366","sectionType":"section","heading":"Arrest of escapees etc.","content":"### sec.366 Arrest of escapees etc.\n\nIt is lawful for a police officer to arrest, without warrant, a person the police officer reasonably suspects is escaping or has escaped from lawful custody.\nAlso, it is lawful for a police officer to arrest, without warrant, a prisoner who is unlawfully at large or unlawfully absent within the meaning of the Corrective Services Act 2006 , section 112 .\nAlso, a police officer has the same powers as a corrective services officer has under a warrant under the Corrective Services Act 2006 , section 112 .\ns 366 (prev s 164) renum 2000 No. 22 s 9\namd 2000 No. 63 s 276 sch 2 ; 2006 No. 26 s 37 ; 2023 No. 14 s 41\n(sec.366-ssec.1) It is lawful for a police officer to arrest, without warrant, a person the police officer reasonably suspects is escaping or has escaped from lawful custody.\n(sec.366-ssec.2) Also, it is lawful for a police officer to arrest, without warrant, a prisoner who is unlawfully at large or unlawfully absent within the meaning of the Corrective Services Act 2006 , section 112 .\n(sec.366-ssec.3) Also, a police officer has the same powers as a corrective services officer has under a warrant under the Corrective Services Act 2006 , section 112 .","sortOrder":729},{"sectionNumber":"sec.367","sectionType":"section","heading":"Arrest of person granted bail","content":"### sec.367 Arrest of person granted bail\n\nThis section applies if a person has been granted bail for an offence, whether or not the person was arrested for the offence.\nIt is lawful for a police officer to arrest the person, without warrant, if the police officer reasonably suspects—\nthe person has left the precincts of the court that granted bail without entering into an undertaking as required by the court; or\nthe person has left the precincts of the court without fulfilling any conditions the person must comply with before leaving the precincts of the court.\nAlso, it is lawful for a police officer to arrest the person, without warrant, if—\nthe police officer reasonably suspects—\nthe person is likely to contravene, is contravening, or has contravened—\nthe condition for the person’s appearance; or\nanother condition of the undertaking on which the person was granted bail; or\nFor the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A .\nFor the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA .\na surety for the person’s appearance is dead; or\nfor any reason, the security for the person’s appearance is no longer adequate; or\nthe person is likely to fail to appear before a court to answer a charge against the person for the offence; or\na surety has given to a police officer written notice stating the surety wishes to be relieved of the obligation of being a surety for the person because the surety believes the person is likely to contravene the condition for the person’s appearance; or\nthe police officer reasonably suspects the person is directly or indirectly harassing or interfering with a person who may be required to give evidence relating to the offence for which the person has been released on bail.\nHowever, before arresting a child under subsection (3) , a police officer must consider whether, in all the circumstances, it would be more appropriate for an application to be made under the Bail Act 1980 for a variation or revocation of the child’s bail.\nSubsection (4) does not apply in relation to the arrest of a child under subsection (3) (a) (i) or (iv) or (c).\nIn this section—\nprecincts of a court, means any land or building, or the part of any land or building, used for the purposes of the court.\nundertaking means an undertaking under the Bail Act 1980 .\ns 367 (prev s 165) renum 2000 No. 22 s 9\namd 2002 No. 39 s 164 ; 2019 No. 23 s 40 ; 2023 No. 3 s 12\n(sec.367-ssec.1) This section applies if a person has been granted bail for an offence, whether or not the person was arrested for the offence.\n(sec.367-ssec.2) It is lawful for a police officer to arrest the person, without warrant, if the police officer reasonably suspects— the person has left the precincts of the court that granted bail without entering into an undertaking as required by the court; or the person has left the precincts of the court without fulfilling any conditions the person must comply with before leaving the precincts of the court.\n(sec.367-ssec.3) Also, it is lawful for a police officer to arrest the person, without warrant, if— the police officer reasonably suspects— the person is likely to contravene, is contravening, or has contravened— the condition for the person’s appearance; or another condition of the undertaking on which the person was granted bail; or For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A . For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA . a surety for the person’s appearance is dead; or for any reason, the security for the person’s appearance is no longer adequate; or the person is likely to fail to appear before a court to answer a charge against the person for the offence; or a surety has given to a police officer written notice stating the surety wishes to be relieved of the obligation of being a surety for the person because the surety believes the person is likely to contravene the condition for the person’s appearance; or the police officer reasonably suspects the person is directly or indirectly harassing or interfering with a person who may be required to give evidence relating to the offence for which the person has been released on bail.\n(sec.367-ssec.4) However, before arresting a child under subsection (3) , a police officer must consider whether, in all the circumstances, it would be more appropriate for an application to be made under the Bail Act 1980 for a variation or revocation of the child’s bail.\n(sec.367-ssec.5) Subsection (4) does not apply in relation to the arrest of a child under subsection (3) (a) (i) or (iv) or (c).\n(sec.367-ssec.6) In this section— precincts of a court, means any land or building, or the part of any land or building, used for the purposes of the court. undertaking means an undertaking under the Bail Act 1980 .\n- (a) the person has left the precincts of the court that granted bail without entering into an undertaking as required by the court; or\n- (b) the person has left the precincts of the court without fulfilling any conditions the person must comply with before leaving the precincts of the court.\n- (a) the police officer reasonably suspects— (i) the person is likely to contravene, is contravening, or has contravened— (A) the condition for the person’s appearance; or (B) another condition of the undertaking on which the person was granted bail; or Notes— 1 For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A . 2 For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA . (ii) a surety for the person’s appearance is dead; or (iii) for any reason, the security for the person’s appearance is no longer adequate; or (iv) the person is likely to fail to appear before a court to answer a charge against the person for the offence; or\n- (i) the person is likely to contravene, is contravening, or has contravened— (A) the condition for the person’s appearance; or (B) another condition of the undertaking on which the person was granted bail; or Notes— 1 For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A . 2 For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA .\n- (A) the condition for the person’s appearance; or\n- (B) another condition of the undertaking on which the person was granted bail; or\n- 1 For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A .\n- 2 For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA .\n- (ii) a surety for the person’s appearance is dead; or\n- (iii) for any reason, the security for the person’s appearance is no longer adequate; or\n- (iv) the person is likely to fail to appear before a court to answer a charge against the person for the offence; or\n- (b) a surety has given to a police officer written notice stating the surety wishes to be relieved of the obligation of being a surety for the person because the surety believes the person is likely to contravene the condition for the person’s appearance; or\n- (c) the police officer reasonably suspects the person is directly or indirectly harassing or interfering with a person who may be required to give evidence relating to the offence for which the person has been released on bail.\n- (i) the person is likely to contravene, is contravening, or has contravened— (A) the condition for the person’s appearance; or (B) another condition of the undertaking on which the person was granted bail; or Notes— 1 For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A . 2 For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA .\n- (A) the condition for the person’s appearance; or\n- (B) another condition of the undertaking on which the person was granted bail; or\n- 1 For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A .\n- 2 For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA .\n- (ii) a surety for the person’s appearance is dead; or\n- (iii) for any reason, the security for the person’s appearance is no longer adequate; or\n- (iv) the person is likely to fail to appear before a court to answer a charge against the person for the offence; or\n- (A) the condition for the person’s appearance; or\n- (B) another condition of the undertaking on which the person was granted bail; or\n- 1 For the matters a police officer must consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59A .\n- 2 For the matters a police officer may consider before arresting a child in particular circumstances under this subparagraph, see the Youth Justice Act 1992 , section 59AA .","sortOrder":730},{"sectionNumber":"sec.368","sectionType":"section","heading":"Arrest of person given notice to appear or summons","content":"### sec.368 Arrest of person given notice to appear or summons\n\nThis section applies to a person who has been given a notice to appear or a summons for an offence, whether or not the person has been arrested for the offence.\nIt is lawful for a police officer to arrest a person, without warrant, if the police officer reasonably suspects the person—\nis directly or indirectly harassing or interfering with a person who may be required to give evidence relating to the offence for which the person has been given a notice to appear or summons; or\nis likely to fail to appear before a court to answer a charge against the person for the offence.\nThis section does not apply to a child.\ns 368 (prev s 166) renum 2000 No. 22 s 9\namd 2002 No. 39 s 165\n(sec.368-ssec.1) This section applies to a person who has been given a notice to appear or a summons for an offence, whether or not the person has been arrested for the offence.\n(sec.368-ssec.2) It is lawful for a police officer to arrest a person, without warrant, if the police officer reasonably suspects the person— is directly or indirectly harassing or interfering with a person who may be required to give evidence relating to the offence for which the person has been given a notice to appear or summons; or is likely to fail to appear before a court to answer a charge against the person for the offence.\n(sec.368-ssec.3) This section does not apply to a child.\n- (a) is directly or indirectly harassing or interfering with a person who may be required to give evidence relating to the offence for which the person has been given a notice to appear or summons; or\n- (b) is likely to fail to appear before a court to answer a charge against the person for the offence.","sortOrder":731},{"sectionNumber":"ch.14-pt.2","sectionType":"part","heading":"Arrest under warrant","content":"# Arrest under warrant","sortOrder":732},{"sectionNumber":"sec.369","sectionType":"section","heading":"Arrest under warrant","content":"### sec.369 Arrest under warrant\n\nIt is lawful for a police officer acting under a warrant issued under any Act or law to arrest the person named in the warrant.\nIn this section—\narrest includes apprehend, take into custody, detain, and remove to another place for examination or treatment.\ns 369 (prev s 167) renum 2000 No. 22 s 9\n(sec.369-ssec.1) It is lawful for a police officer acting under a warrant issued under any Act or law to arrest the person named in the warrant.\n(sec.369-ssec.2) In this section— arrest includes apprehend, take into custody, detain, and remove to another place for examination or treatment.","sortOrder":733},{"sectionNumber":"sec.370","sectionType":"section","heading":"Arrest warrant application","content":"### sec.370 Arrest warrant application\n\nA police officer may apply to a justice for a warrant to arrest a person for an offence ( arrest warrant ).\nThe police officer may apply for the warrant whether or not a proceeding has been started against the person by complaint and summons or notice to appear.\nThe application must be sworn and state the grounds on which the warrant is sought.\nIf the application—\nrelates to an offence other than an indictable offence; and\nis made because the applicant reasonably believes proceeding or continuing to proceed against the person named in the application by complaint and summons or notice to appear would be ineffective;\nthe application must state the belief and the reasons for the belief.\nThe justice may refuse to consider the application until the police officer gives the justice all the information the justice requires about the application in the way the justice requires.\nThe justice may require additional information supporting the application to be given by statutory declaration.\ns 370 (prev s 168) renum 2000 No. 22 s 9\namd 2006 No. 26 s 38\n(sec.370-ssec.1) A police officer may apply to a justice for a warrant to arrest a person for an offence ( arrest warrant ).\n(sec.370-ssec.2) The police officer may apply for the warrant whether or not a proceeding has been started against the person by complaint and summons or notice to appear.\n(sec.370-ssec.3) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.370-ssec.4) If the application— relates to an offence other than an indictable offence; and is made because the applicant reasonably believes proceeding or continuing to proceed against the person named in the application by complaint and summons or notice to appear would be ineffective; the application must state the belief and the reasons for the belief.\n(sec.370-ssec.5) The justice may refuse to consider the application until the police officer gives the justice all the information the justice requires about the application in the way the justice requires. The justice may require additional information supporting the application to be given by statutory declaration.\n- (a) relates to an offence other than an indictable offence; and\n- (b) is made because the applicant reasonably believes proceeding or continuing to proceed against the person named in the application by complaint and summons or notice to appear would be ineffective;","sortOrder":734},{"sectionNumber":"sec.371","sectionType":"section","heading":"Issue of arrest warrant","content":"### sec.371 Issue of arrest warrant\n\nThe justice may issue an arrest warrant only if satisfied there are reasonable grounds for suspecting—\nthat the person has committed the offence; and\nfor an offence other than an indictable offence, proceedings by way of complaint and summons or notice to appear for the offence would be ineffective, including because the person can not currently be located or served with a complaint and summons or notice to appear for the offence.\ns 371 (prev s 169) renum 2000 No. 22 s 9\namd 2002 No. 39 s 166 ; 2006 No. 26 s 39\n- (a) that the person has committed the offence; and\n- (b) for an offence other than an indictable offence, proceedings by way of complaint and summons or notice to appear for the offence would be ineffective, including because the person can not currently be located or served with a complaint and summons or notice to appear for the offence.","sortOrder":735},{"sectionNumber":"sec.372","sectionType":"section","heading":"What arrest warrant must state","content":"### sec.372 What arrest warrant must state\n\nAn arrest warrant must state the following—\nthe name of the applicant for the warrant and the applicant’s rank, registered number and station;\nthat any police officer may arrest the person named in the warrant;\nthe offence the person is alleged to have committed.\nIt is sufficient to describe an offence in the words of the law defining it, or in similar words.\nA description of persons or things that would be sufficient in an indictment is sufficient in an arrest warrant.\ns 372 (prev s 170) renum 2000 No. 22 s 9\n(sec.372-ssec.1) An arrest warrant must state the following— the name of the applicant for the warrant and the applicant’s rank, registered number and station; that any police officer may arrest the person named in the warrant; the offence the person is alleged to have committed.\n(sec.372-ssec.2) It is sufficient to describe an offence in the words of the law defining it, or in similar words.\n(sec.372-ssec.3) A description of persons or things that would be sufficient in an indictment is sufficient in an arrest warrant.\n- (a) the name of the applicant for the warrant and the applicant’s rank, registered number and station;\n- (b) that any police officer may arrest the person named in the warrant;\n- (c) the offence the person is alleged to have committed.","sortOrder":736},{"sectionNumber":"sec.373","sectionType":"section","heading":"Compliance with limitation of proceedings","content":"### sec.373 Compliance with limitation of proceedings\n\nThis section applies to an arrest warrant issued under section 371 (b) .\nFor the Justices Act 1886 , section 52 or another provision of an Act that imposes a limitation of proceedings for the offence by reference to when a complaint was made for the offence or to when proceedings for the offence are started, a complaint is taken to be made, and the proceedings started, when the warrant is issued.\ns 373 ins 2006 No. 26 s 40\n(sec.373-ssec.1) This section applies to an arrest warrant issued under section 371 (b) .\n(sec.373-ssec.2) For the Justices Act 1886 , section 52 or another provision of an Act that imposes a limitation of proceedings for the offence by reference to when a complaint was made for the offence or to when proceedings for the offence are started, a complaint is taken to be made, and the proceedings started, when the warrant is issued.","sortOrder":737},{"sectionNumber":"ch.14-pt.3","sectionType":"part","heading":"Other provisions about arrest","content":"# Other provisions about arrest","sortOrder":738},{"sectionNumber":"sec.374","sectionType":"section","heading":"Power of arrest for offences committed outside the State","content":"### sec.374 Power of arrest for offences committed outside the State\n\nThis section applies to an offence (an extradition offence ) that—\nis an offence against the law of another State; and\nin that other State, is an indictable offence or an offence for which the maximum penalty is at least 2 years imprisonment.\nIt is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects is committing or has committed an extradition offence.\nThe person may be detained in custody under chapter 15 and questioned in relation to the extradition offence by either of the following, as if the offence had been committed in Queensland—\na police officer;\na member of the police force or police service of the State where the offence happened.\nThe Justices Act 1886 and the Bail Act 1980 apply to a person arrested for an extradition offence as if the offence were committed in Queensland, but only to allow a person to apply, within 7 days, for the extradition of the person to the State where the extradition offence is alleged to have been committed.\nIf a proceeding for the person’s extradition is not started within 7 days—\nthe person, if remanded in custody, must be released from custody; and\nany order for bail is discharged.\ns 374 (prev s 171) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 9\n(sec.374-ssec.1) This section applies to an offence (an extradition offence ) that— is an offence against the law of another State; and in that other State, is an indictable offence or an offence for which the maximum penalty is at least 2 years imprisonment.\n(sec.374-ssec.2) It is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects is committing or has committed an extradition offence.\n(sec.374-ssec.3) The person may be detained in custody under chapter 15 and questioned in relation to the extradition offence by either of the following, as if the offence had been committed in Queensland— a police officer; a member of the police force or police service of the State where the offence happened.\n(sec.374-ssec.4) The Justices Act 1886 and the Bail Act 1980 apply to a person arrested for an extradition offence as if the offence were committed in Queensland, but only to allow a person to apply, within 7 days, for the extradition of the person to the State where the extradition offence is alleged to have been committed.\n(sec.374-ssec.5) If a proceeding for the person’s extradition is not started within 7 days— the person, if remanded in custody, must be released from custody; and any order for bail is discharged.\n- (a) is an offence against the law of another State; and\n- (b) in that other State, is an indictable offence or an offence for which the maximum penalty is at least 2 years imprisonment.\n- (a) a police officer;\n- (b) a member of the police force or police service of the State where the offence happened.\n- (a) the person, if remanded in custody, must be released from custody; and\n- (b) any order for bail is discharged.","sortOrder":739},{"sectionNumber":"ch.14-pt.4","sectionType":"part","heading":"Discontinuing arrest","content":"# Discontinuing arrest","sortOrder":740},{"sectionNumber":"ch.14-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":741},{"sectionNumber":"sec.375","sectionType":"section","heading":"Effect of release under pt 4","content":"### sec.375 Effect of release under pt 4\n\nIf an arrested person is released under this part, any charge of an offence for which the arrested person is released is discontinued.\ns 375 ins 2006 No. 26 s 41","sortOrder":742},{"sectionNumber":"ch.14-pt.4-div.2","sectionType":"division","heading":"General rule","content":"## General rule","sortOrder":743},{"sectionNumber":"sec.376","sectionType":"section","heading":"When arrest may be discontinued—general rule","content":"### sec.376 When arrest may be discontinued—general rule\n\nIt is the duty of a police officer to release an arrested person at the earliest reasonable opportunity if the person is no longer reasonably suspected of committing the offence for which the person was arrested.\nSubsection (1) does not apply if the person—\nis reasonably suspected of another offence, whether or not arising out of the circumstances of the offence for which the person was arrested; or\nmay be detained for another reason, for example because of a breach of a bail condition; or\nis in custody for another offence.\nAlso, it is the duty of a police officer to release an arrested person who is reasonably suspected of committing the offence for which the person was arrested if, within a reasonable time after the arrest, the police officer considers there is not enough evidence to bring the person before a court on a charge of the offence.\ns 376 (prev s 173) renum 2000 No. 22 s 9\n(sec.376-ssec.1) It is the duty of a police officer to release an arrested person at the earliest reasonable opportunity if the person is no longer reasonably suspected of committing the offence for which the person was arrested.\n(sec.376-ssec.2) Subsection (1) does not apply if the person— is reasonably suspected of another offence, whether or not arising out of the circumstances of the offence for which the person was arrested; or may be detained for another reason, for example because of a breach of a bail condition; or is in custody for another offence.\n(sec.376-ssec.3) Also, it is the duty of a police officer to release an arrested person who is reasonably suspected of committing the offence for which the person was arrested if, within a reasonable time after the arrest, the police officer considers there is not enough evidence to bring the person before a court on a charge of the offence.\n- (a) is reasonably suspected of another offence, whether or not arising out of the circumstances of the offence for which the person was arrested; or\n- (b) may be detained for another reason, for example because of a breach of a bail condition; or\n- (c) is in custody for another offence.","sortOrder":744},{"sectionNumber":"ch.14-pt.4-div.3","sectionType":"division","heading":"Additional case for adult—alternatives to arrest","content":"## Additional case for adult—alternatives to arrest","sortOrder":745},{"sectionNumber":"sec.377","sectionType":"section","heading":"Additional case when arrest of adult may be discontinued","content":"### sec.377 Additional case when arrest of adult may be discontinued\n\nThis section applies to an arrested person who is an adult.\nIt is the duty of a police officer to release the person at the earliest reasonable opportunity if—\nthe reason for arresting the person no longer exists or is unlikely to happen again if the person is released; and\neither—\nif the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or\nit is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person.\nSubsection (2) does not apply to an adult who is arrested—\nto prevent the person fleeing from a police officer or the location of an offence; or\nif, because of the nature or seriousness of an offence for which the person is a suspect, it is inappropriate to release the person.\nAlso, a police officer must release the person at the earliest reasonable opportunity if—\nthe police officer reasonably considers it is more appropriate for the arrested person to be dealt with other than by charging the person with an offence; and\nthe person and any victim of the offence agree to the person being dealt with in that way.\nA person arrested for a minor assault involving pushing a person during a heated argument with a neighbour may agree to attend alternative dispute resolution.\nA person may be released under a scheme developed by the commissioner for cautioning elderly first offenders.\ns 377 (prev s 174) renum 2000 No. 22 s 9\namd 2005 No. 17 s 9 ; 2006 No. 26 s 3 sch 1 ; 2008 No. 65 s 6\n(sec.377-ssec.1) This section applies to an arrested person who is an adult.\n(sec.377-ssec.2) It is the duty of a police officer to release the person at the earliest reasonable opportunity if— the reason for arresting the person no longer exists or is unlikely to happen again if the person is released; and either— if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person.\n(sec.377-ssec.3) Subsection (2) does not apply to an adult who is arrested— to prevent the person fleeing from a police officer or the location of an offence; or if, because of the nature or seriousness of an offence for which the person is a suspect, it is inappropriate to release the person.\n(sec.377-ssec.4) Also, a police officer must release the person at the earliest reasonable opportunity if— the police officer reasonably considers it is more appropriate for the arrested person to be dealt with other than by charging the person with an offence; and the person and any victim of the offence agree to the person being dealt with in that way. A person arrested for a minor assault involving pushing a person during a heated argument with a neighbour may agree to attend alternative dispute resolution. A person may be released under a scheme developed by the commissioner for cautioning elderly first offenders.\n- (a) the reason for arresting the person no longer exists or is unlikely to happen again if the person is released; and\n- (b) either— (i) if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or (ii) it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person.\n- (i) if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or\n- (ii) it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person.\n- (i) if the person is arrested for an offence that is an infringement notice offence—it is more appropriate to serve an infringement notice on the person for the offence and the infringement notice has been served on the person; or\n- (ii) it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person.\n- (a) to prevent the person fleeing from a police officer or the location of an offence; or\n- (b) if, because of the nature or seriousness of an offence for which the person is a suspect, it is inappropriate to release the person.\n- (a) the police officer reasonably considers it is more appropriate for the arrested person to be dealt with other than by charging the person with an offence; and\n- (b) the person and any victim of the offence agree to the person being dealt with in that way.\n- 1 A person arrested for a minor assault involving pushing a person during a heated argument with a neighbour may agree to attend alternative dispute resolution.\n- 2 A person may be released under a scheme developed by the commissioner for cautioning elderly first offenders.","sortOrder":746},{"sectionNumber":"ch.14-pt.4-div.4","sectionType":"division","heading":"Additional case—intoxication","content":"## Additional case—intoxication","sortOrder":747},{"sectionNumber":"sec.378","sectionType":"section","heading":null,"content":"### Section sec.378\n\ns 378 ins 2000 No. 22 s 10\namd 2012 No. 5 s 223 ; 2014 No. 42 s 110 ; 2016 No. 51 s 73 sch 1 ; 2020 No. 7 s 39\nom 2023 No. 21 s 50D","sortOrder":748},{"sectionNumber":"ch.14-pt.4-div.5","sectionType":"division","heading":"Additional case—minor drugs offence","content":"## Additional case—minor drugs offence","sortOrder":749},{"sectionNumber":"sec.378A","sectionType":"section","heading":"Application of division","content":"### sec.378A Application of division\n\nThis division applies if—\na person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and\nthe person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and\nburglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence\nthe dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person\npossessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B\nthe person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and\na police officer reasonably believes each minor drugs matter the subject of the minor drugs offence was for the person’s personal use.\nFor subsection (1) (b) , a reference to another indictable offence does not include another minor drugs offence that is an indictable offence.\ns 378A prev s 378A ins 2014 No. 42 s 111\nom 2020 No. 7 s 40\npres s 378A ins 2023 No. 11 s 22\n(sec.378A-ssec.1) This division applies if— a person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and the person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B the person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and a police officer reasonably believes each minor drugs matter the subject of the minor drugs offence was for the person’s personal use.\n(sec.378A-ssec.2) For subsection (1) (b) , a reference to another indictable offence does not include another minor drugs offence that is an indictable offence.\n- (a) a person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and\n- (b) the person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and Examples of commission of an offence in circumstances related to a minor drugs offence— • burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence • the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person • possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B\n- • burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence\n- • the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person\n- • possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B\n- (c) the person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and\n- (d) a police officer reasonably believes each minor drugs matter the subject of the minor drugs offence was for the person’s personal use.\n- • burglary of a home to obtain money to buy dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence\n- • the dangerous drugs or S4 or S8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person\n- • possessing another dangerous drug or S4 or S8 medicine of a quantity that is more than the prescribed quantity under section 378B","sortOrder":750},{"sectionNumber":"sec.378B","sectionType":"section","heading":"Meaning of minor drugs offence","content":"### sec.378B Meaning of minor drugs offence\n\nA minor drugs offence is—\nan offence against the Drugs Misuse Act 1986 , section 9 involving possessing not more than the prescribed quantity of a dangerous drug; or\nan offence against the Drugs Misuse Act 1986 , section 10 (1) , (2) , (4) or (4A) or 10A (1) (a) , (b) or (c) involving possessing a thing for use, or that has been used, for the administration, consumption or smoking of a dangerous drug; or\nan offence against the Medicines and Poisons Act 2019 , section 34 (1) involving possessing not more than the prescribed quantity of an S4 or S8 medicine.\nHowever, a minor drugs offence does not include an offence mentioned in subsection (1) (a) or (b) if the possession relates to an offence by the same person against the Drugs Misuse Act 1986 involving production or supply of a dangerous drug or trafficking in a dangerous drug.\nAlso, a minor drugs offence does not include an offence mentioned in subsection (1) (c) if the possession relates to an offence by the same person against the Medicines and Poisons Act 2019 involving dealing with, manufacturing or supplying an S4 or S8 medicine.\nIn this section—\nprescribed quantity , of a dangerous drug or S4 or S8 medicine, means a quantity of the drug or medicine prescribed under a regulation for this section.\ns 378B ins 2023 No. 11 s 22\n(sec.378B-ssec.1) A minor drugs offence is— an offence against the Drugs Misuse Act 1986 , section 9 involving possessing not more than the prescribed quantity of a dangerous drug; or an offence against the Drugs Misuse Act 1986 , section 10 (1) , (2) , (4) or (4A) or 10A (1) (a) , (b) or (c) involving possessing a thing for use, or that has been used, for the administration, consumption or smoking of a dangerous drug; or an offence against the Medicines and Poisons Act 2019 , section 34 (1) involving possessing not more than the prescribed quantity of an S4 or S8 medicine.\n(sec.378B-ssec.2) However, a minor drugs offence does not include an offence mentioned in subsection (1) (a) or (b) if the possession relates to an offence by the same person against the Drugs Misuse Act 1986 involving production or supply of a dangerous drug or trafficking in a dangerous drug.\n(sec.378B-ssec.3) Also, a minor drugs offence does not include an offence mentioned in subsection (1) (c) if the possession relates to an offence by the same person against the Medicines and Poisons Act 2019 involving dealing with, manufacturing or supplying an S4 or S8 medicine.\n(sec.378B-ssec.4) In this section— prescribed quantity , of a dangerous drug or S4 or S8 medicine, means a quantity of the drug or medicine prescribed under a regulation for this section.\n- (a) an offence against the Drugs Misuse Act 1986 , section 9 involving possessing not more than the prescribed quantity of a dangerous drug; or\n- (b) an offence against the Drugs Misuse Act 1986 , section 10 (1) , (2) , (4) or (4A) or 10A (1) (a) , (b) or (c) involving possessing a thing for use, or that has been used, for the administration, consumption or smoking of a dangerous drug; or\n- (c) an offence against the Medicines and Poisons Act 2019 , section 34 (1) involving possessing not more than the prescribed quantity of an S4 or S8 medicine.","sortOrder":751},{"sectionNumber":"sec.378C","sectionType":"section","heading":"Drug diversion warning","content":"### sec.378C Drug diversion warning\n\nThis section applies if the person—\nhas not previously been offered an opportunity to participate in a drug diversion assessment program under section 379 or 379AA , whether before or after the commencement of this section; and\nhas not previously been offered a drug diversion warning.\nIf the person is an adult, a police officer must offer to give the person a drug diversion warning.\nIf the person is a child, a police officer may offer to give the person a drug diversion warning.\nA police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.\nWhen making the offer, the police officer must explain the nature and effect of the drug diversion warning—\nto the person; and\nif a support person is present when the offer is made—to the support person.\nIf the person agrees to being given a drug diversion warning, the police officer must give the person a written notice stating the following—\nthat a drug diversion warning was given to the person;\nthe time and date the warning was given;\nthe person’s name;\nthe police officer’s name and rank;\nthe particulars of the minor drugs offence;\nthe nature and effect of the warning.\nOn the giving of the drug diversion warning, the minor drugs matter the subject of the minor drugs offence is forfeited to the State.\nIf the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer has given the person a drug diversion warning.\ns 378C ins 2023 No. 11 s 22\n(sec.378C-ssec.1) This section applies if the person— has not previously been offered an opportunity to participate in a drug diversion assessment program under section 379 or 379AA , whether before or after the commencement of this section; and has not previously been offered a drug diversion warning.\n(sec.378C-ssec.2) If the person is an adult, a police officer must offer to give the person a drug diversion warning.\n(sec.378C-ssec.3) If the person is a child, a police officer may offer to give the person a drug diversion warning.\n(sec.378C-ssec.4) A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.\n(sec.378C-ssec.5) When making the offer, the police officer must explain the nature and effect of the drug diversion warning— to the person; and if a support person is present when the offer is made—to the support person.\n(sec.378C-ssec.6) If the person agrees to being given a drug diversion warning, the police officer must give the person a written notice stating the following— that a drug diversion warning was given to the person; the time and date the warning was given; the person’s name; the police officer’s name and rank; the particulars of the minor drugs offence; the nature and effect of the warning.\n(sec.378C-ssec.7) On the giving of the drug diversion warning, the minor drugs matter the subject of the minor drugs offence is forfeited to the State.\n(sec.378C-ssec.8) If the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer has given the person a drug diversion warning.\n- (a) has not previously been offered an opportunity to participate in a drug diversion assessment program under section 379 or 379AA , whether before or after the commencement of this section; and\n- (b) has not previously been offered a drug diversion warning.\n- (a) to the person; and\n- (b) if a support person is present when the offer is made—to the support person.\n- (a) that a drug diversion warning was given to the person;\n- (b) the time and date the warning was given;\n- (c) the person’s name;\n- (d) the police officer’s name and rank;\n- (e) the particulars of the minor drugs offence;\n- (f) the nature and effect of the warning.","sortOrder":752},{"sectionNumber":"sec.379","sectionType":"section","heading":"Initial drug diversion assessment program","content":"### sec.379 Initial drug diversion assessment program\n\nThis section applies if the person—\nhas previously been offered a drug diversion warning; and\nhas not previously been offered the opportunity to participate in a drug diversion assessment program under this section, whether before or after the commencement of this section.\nIf the person is an adult, a police officer must offer the person the opportunity to participate in a drug diversion assessment program.\nIf the person is a child, a police officer may offer the person the opportunity to participate in a drug diversion assessment program.\nA police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.\nWhen making the offer, the police officer must explain the nature and effect of the drug diversion assessment program—\nto the person; and\nif a support person is present when the offer is made—to the support person.\ns 379 ins 2000 No. 22 s 10\namd 2006 No. 26 s 42 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2013 No. 14 s 54 sch ; 2017 No. 41 s 37\nsub 2023 No. 11 s 22\n(sec.379-ssec.1) This section applies if the person— has previously been offered a drug diversion warning; and has not previously been offered the opportunity to participate in a drug diversion assessment program under this section, whether before or after the commencement of this section.\n(sec.379-ssec.2) If the person is an adult, a police officer must offer the person the opportunity to participate in a drug diversion assessment program.\n(sec.379-ssec.3) If the person is a child, a police officer may offer the person the opportunity to participate in a drug diversion assessment program.\n(sec.379-ssec.4) A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.\n(sec.379-ssec.5) When making the offer, the police officer must explain the nature and effect of the drug diversion assessment program— to the person; and if a support person is present when the offer is made—to the support person.\n- (a) has previously been offered a drug diversion warning; and\n- (b) has not previously been offered the opportunity to participate in a drug diversion assessment program under this section, whether before or after the commencement of this section.\n- (a) to the person; and\n- (b) if a support person is present when the offer is made—to the support person.","sortOrder":753},{"sectionNumber":"sec.379AA","sectionType":"section","heading":"Subsequent drug diversion assessment program","content":"### sec.379AA Subsequent drug diversion assessment program\n\nThis section applies if the person—\nhas previously been offered the opportunity to participate in a drug diversion assessment program under section 379 , whether before or after the commencement of this section; and\nhas not previously been offered the opportunity to participate in a drug diversion assessment program under this section.\nIf the person is an adult, a police officer must offer the person the opportunity to participate in a subsequent drug diversion assessment program.\nIf the person is a child, a police officer may offer the person the opportunity to participate in a subsequent drug diversion assessment program.\nA police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.\nWhen making the offer, the police officer must explain the nature and effect of the drug diversion assessment program—\nto the person; and\nif a support person is present when the offer is made—to the support person.\ns 379AA ins 2023 No. 11 s 22\n(sec.379AA-ssec.1) This section applies if the person— has previously been offered the opportunity to participate in a drug diversion assessment program under section 379 , whether before or after the commencement of this section; and has not previously been offered the opportunity to participate in a drug diversion assessment program under this section.\n(sec.379AA-ssec.2) If the person is an adult, a police officer must offer the person the opportunity to participate in a subsequent drug diversion assessment program.\n(sec.379AA-ssec.3) If the person is a child, a police officer may offer the person the opportunity to participate in a subsequent drug diversion assessment program.\n(sec.379AA-ssec.4) A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence.\n(sec.379AA-ssec.5) When making the offer, the police officer must explain the nature and effect of the drug diversion assessment program— to the person; and if a support person is present when the offer is made—to the support person.\n- (a) has previously been offered the opportunity to participate in a drug diversion assessment program under section 379 , whether before or after the commencement of this section; and\n- (b) has not previously been offered the opportunity to participate in a drug diversion assessment program under this section.\n- (a) to the person; and\n- (b) if a support person is present when the offer is made—to the support person.","sortOrder":754},{"sectionNumber":"sec.379AB","sectionType":"section","heading":"Drug diversion agreement","content":"### sec.379AB Drug diversion agreement\n\nIf the person agrees to an offer made under section 379 or 379AA , the person must sign an agreement (a drug diversion agreement ) to participate in, and complete, a drug diversion assessment program.\nThe drug diversion agreement must include a provision authorising the provider of the drug diversion assessment program to disclose to the commissioner information about—\nthe person’s participation in, and completion of, the program; or\nif the person failed to participate in, or complete, the program—the person’s failure to participate in, or complete, the program.\nThe police officer must—\ngive the person a written requirement to participate in, and complete, a drug diversion assessment program in accordance with the drug diversion agreement; and\ninform the person that failure to comply with the requirement is an offence against section 791 .\nAlso, the police officer must give the chief executive (health), or a person or organisation nominated by that chief executive for this section, a copy of the drug diversion agreement.\nOn the signing of the drug diversion agreement, the minor drugs matter the subject of the minor drugs offence is forfeited to the State.\nIf the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer is satisfied subsections (1) and (3) have been complied with.\ns 379AB ins 2023 No. 11 s 22\n(sec.379AB-ssec.1) If the person agrees to an offer made under section 379 or 379AA , the person must sign an agreement (a drug diversion agreement ) to participate in, and complete, a drug diversion assessment program.\n(sec.379AB-ssec.2) The drug diversion agreement must include a provision authorising the provider of the drug diversion assessment program to disclose to the commissioner information about— the person’s participation in, and completion of, the program; or if the person failed to participate in, or complete, the program—the person’s failure to participate in, or complete, the program.\n(sec.379AB-ssec.3) The police officer must— give the person a written requirement to participate in, and complete, a drug diversion assessment program in accordance with the drug diversion agreement; and inform the person that failure to comply with the requirement is an offence against section 791 .\n(sec.379AB-ssec.4) Also, the police officer must give the chief executive (health), or a person or organisation nominated by that chief executive for this section, a copy of the drug diversion agreement.\n(sec.379AB-ssec.5) On the signing of the drug diversion agreement, the minor drugs matter the subject of the minor drugs offence is forfeited to the State.\n(sec.379AB-ssec.6) If the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer is satisfied subsections (1) and (3) have been complied with.\n- (a) the person’s participation in, and completion of, the program; or\n- (b) if the person failed to participate in, or complete, the program—the person’s failure to participate in, or complete, the program.\n- (a) give the person a written requirement to participate in, and complete, a drug diversion assessment program in accordance with the drug diversion agreement; and\n- (b) inform the person that failure to comply with the requirement is an offence against section 791 .","sortOrder":755},{"sectionNumber":"ch.14-pt.4-div.6","sectionType":"division","heading":"Additional case for child—graffiti offence","content":"## Additional case for child—graffiti offence","sortOrder":756},{"sectionNumber":"sec.379A","sectionType":"section","heading":"Additional case when arrest for graffiti offence may be discontinued","content":"### sec.379A Additional case when arrest for graffiti offence may be discontinued\n\nThis section applies if—\na child is arrested for, or is being questioned by a police officer about, a graffiti offence; and\nduring an electronically recorded interview, the child admits having committed the offence; and\nthe child had attained at least the age of 12 years at the time of the offence.\nA police officer may, at any time before the child appears before a court to answer a charge of the graffiti offence, offer the child the opportunity to attend a graffiti removal program.\nWhen making the offer, the police officer must give an oral or written explanation of the consequences of agreeing to attend a graffiti removal program to—\nthe child; and\nif a support person is present when the offer is made—the support person.\nIf the child agrees, the child must sign an agreement to attend and complete a graffiti removal program.\nThe agreement must include a provision authorising the provider of the graffiti removal program to disclose to the commissioner and the chief executive (youth justice services) information about—\nthe child’s attendance at, and completion of, the program; or\nif the child failed to attend or complete the program—the child’s failure to attend or complete the program.\nThe police officer must—\ngive the child a written requirement to attend and complete a graffiti removal program in accordance with the agreement; and\ninform the child that failure to comply with the requirement is an offence against section 791 .\nAlso, the police officer must give the chief executive (youth justice services), or a person or organisation nominated by that chief executive for this section, a copy of the agreement.\nOn the signing of the agreement, any thing used in the commission of the graffiti offence is forfeited to the State.\nIt is the duty of a police officer to release an arrested child at the earliest reasonable opportunity if the police officer is satisfied subsections (4) and (6) have been complied with.\nIn this section—\nchief executive (youth justice services) means the chief executive of the department within which the Youth Justice Act 1992 is administered.\ngraffiti removal program means a program for removing graffiti conducted with the approval of the chief executive (youth justice services).\ns 379A ins 2013 No. 31 s 67\n(sec.379A-ssec.1) This section applies if— a child is arrested for, or is being questioned by a police officer about, a graffiti offence; and during an electronically recorded interview, the child admits having committed the offence; and the child had attained at least the age of 12 years at the time of the offence.\n(sec.379A-ssec.2) A police officer may, at any time before the child appears before a court to answer a charge of the graffiti offence, offer the child the opportunity to attend a graffiti removal program.\n(sec.379A-ssec.3) When making the offer, the police officer must give an oral or written explanation of the consequences of agreeing to attend a graffiti removal program to— the child; and if a support person is present when the offer is made—the support person.\n(sec.379A-ssec.4) If the child agrees, the child must sign an agreement to attend and complete a graffiti removal program.\n(sec.379A-ssec.5) The agreement must include a provision authorising the provider of the graffiti removal program to disclose to the commissioner and the chief executive (youth justice services) information about— the child’s attendance at, and completion of, the program; or if the child failed to attend or complete the program—the child’s failure to attend or complete the program.\n(sec.379A-ssec.6) The police officer must— give the child a written requirement to attend and complete a graffiti removal program in accordance with the agreement; and inform the child that failure to comply with the requirement is an offence against section 791 .\n(sec.379A-ssec.7) Also, the police officer must give the chief executive (youth justice services), or a person or organisation nominated by that chief executive for this section, a copy of the agreement.\n(sec.379A-ssec.8) On the signing of the agreement, any thing used in the commission of the graffiti offence is forfeited to the State.\n(sec.379A-ssec.9) It is the duty of a police officer to release an arrested child at the earliest reasonable opportunity if the police officer is satisfied subsections (4) and (6) have been complied with.\n(sec.379A-ssec.10) In this section— chief executive (youth justice services) means the chief executive of the department within which the Youth Justice Act 1992 is administered. graffiti removal program means a program for removing graffiti conducted with the approval of the chief executive (youth justice services).\n- (a) a child is arrested for, or is being questioned by a police officer about, a graffiti offence; and\n- (b) during an electronically recorded interview, the child admits having committed the offence; and\n- (c) the child had attained at least the age of 12 years at the time of the offence.\n- (a) the child; and\n- (b) if a support person is present when the offer is made—the support person.\n- (a) the child’s attendance at, and completion of, the program; or\n- (b) if the child failed to attend or complete the program—the child’s failure to attend or complete the program.\n- (a) give the child a written requirement to attend and complete a graffiti removal program in accordance with the agreement; and\n- (b) inform the child that failure to comply with the requirement is an offence against section 791 .","sortOrder":757},{"sectionNumber":"ch.14-pt.4-div.7","sectionType":"division","heading":"Further general rule for child","content":"## Further general rule for child","sortOrder":758},{"sectionNumber":"sec.380","sectionType":"section","heading":"When arrest of child may be discontinued","content":"### sec.380 When arrest of child may be discontinued\n\nThis section applies to an arrested person who is a child.\nIt is the duty of a police officer to release the child at the earliest reasonable opportunity if—\nthe reason for arresting the child no longer exists or is unlikely to happen again if the child is released; and\nafter considering the following, it is more appropriate to deal with the child in a way provided by subsection (3) —\nthe circumstances of the alleged offence;\nthe child’s previous history known to the police officer.\nFor subsection (2) (b) , the police officer may decide it is more appropriate—\nto take no action; or\nto administer a caution to the child under the Youth Justice Act 1992 ; or\nto refer the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 ; or\nto take the child before a court by notice to appear or summons.\nSubsection (2) does not apply to a child who is arrested if, because of the nature or seriousness of an offence for which the child is a suspect, it is inappropriate to release the child.\nAlso, subsection (2) does not apply to the arrest of a child by a police officer while the police officer reasonably believes the child is an adult.\nIn deciding whether the police officer had the reasonable belief, a court may have regard to the child’s apparent age and the circumstances of the arrest.\nIf the offence in relation to which the child is arrested is a minor drugs offence and the police officer decides to act as mentioned in subsection (3) (a) or (b) , the minor drugs matter the subject of the offence is forfeited to the State.\ns 380 (prev s 175) renum 2000 No. 22 s 11\namd 2002 No. 39 s 168 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2016 No. 39 s 37 sch 1 ; 2023 No. 11 s 24\n(sec.380-ssec.1) This section applies to an arrested person who is a child.\n(sec.380-ssec.2) It is the duty of a police officer to release the child at the earliest reasonable opportunity if— the reason for arresting the child no longer exists or is unlikely to happen again if the child is released; and after considering the following, it is more appropriate to deal with the child in a way provided by subsection (3) — the circumstances of the alleged offence; the child’s previous history known to the police officer.\n(sec.380-ssec.3) For subsection (2) (b) , the police officer may decide it is more appropriate— to take no action; or to administer a caution to the child under the Youth Justice Act 1992 ; or to refer the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 ; or to take the child before a court by notice to appear or summons.\n(sec.380-ssec.4) Subsection (2) does not apply to a child who is arrested if, because of the nature or seriousness of an offence for which the child is a suspect, it is inappropriate to release the child.\n(sec.380-ssec.5) Also, subsection (2) does not apply to the arrest of a child by a police officer while the police officer reasonably believes the child is an adult.\n(sec.380-ssec.6) In deciding whether the police officer had the reasonable belief, a court may have regard to the child’s apparent age and the circumstances of the arrest.\n(sec.380-ssec.7) If the offence in relation to which the child is arrested is a minor drugs offence and the police officer decides to act as mentioned in subsection (3) (a) or (b) , the minor drugs matter the subject of the offence is forfeited to the State.\n- (a) the reason for arresting the child no longer exists or is unlikely to happen again if the child is released; and\n- (b) after considering the following, it is more appropriate to deal with the child in a way provided by subsection (3) — (i) the circumstances of the alleged offence; (ii) the child’s previous history known to the police officer.\n- (i) the circumstances of the alleged offence;\n- (ii) the child’s previous history known to the police officer.\n- (i) the circumstances of the alleged offence;\n- (ii) the child’s previous history known to the police officer.\n- (a) to take no action; or\n- (b) to administer a caution to the child under the Youth Justice Act 1992 ; or\n- (c) to refer the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 ; or\n- (d) to take the child before a court by notice to appear or summons.","sortOrder":759},{"sectionNumber":"ch.14-pt.4-div.8","sectionType":"division","heading":"Limit on rearrest","content":"## Limit on rearrest","sortOrder":760},{"sectionNumber":"sec.381","sectionType":"section","heading":"Limit on rearrest","content":"### sec.381 Limit on rearrest\n\nA person arrested for an offence and released under this part can not be rearrested for the offence unless, because of new evidence, a police officer forms a reasonable suspicion that the person is responsible for the offence.\nSubsection (1) does not prevent a person being rearrested for a graffiti offence.\ns 381 (prev s 176) renum 2000 No. 22 s 11\namd 2003 No. 19 s 3 sch ; 2013 No. 31 s 68\n(sec.381-ssec.1) A person arrested for an offence and released under this part can not be rearrested for the offence unless, because of new evidence, a police officer forms a reasonable suspicion that the person is responsible for the offence.\n(sec.381-ssec.2) Subsection (1) does not prevent a person being rearrested for a graffiti offence.","sortOrder":761},{"sectionNumber":"ch.14-pt.5","sectionType":"part","heading":"Alternative to arrest","content":"# Alternative to arrest","sortOrder":762},{"sectionNumber":"sec.382","sectionType":"section","heading":"Notice to appear may be issued for offence","content":"### sec.382 Notice to appear may be issued for offence\n\nThe object of this section is to provide an alternative way for a police officer to start or continue a proceeding against a person that reduces the need for custody associated with arrest and does not involve the delay associated with issuing a complaint and summons under the Justices Act 1886 .\nFor starting proceedings against children by notices to appear, see the Youth Justice Act 1992 .\nA police officer may issue and serve a notice ( notice to appear ) on a person if the police officer—\nreasonably suspects the person has committed or is committing an offence; or\nis asked by another police officer who has the suspicion mentioned in paragraph (a) to issue and serve the notice to appear.\nA notice to appear must be personally served on a person.\nHowever, a notice to appear for an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) may be served on a person by registered post if it is served as in the way provided for under the Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) .\nThe Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) authorises service on a person at the person’s place of business or residence last known to the complainant, or at an address stated on the person’s driver licence or a current certificate of registration for the person’s motor vehicle.\nIf a person is alleged to have committed offences as a child and as an adult, a separate notice to appear must be issued for the offences committed as a child.\ns 382 (prev s 177) renum 2000 No. 22 s 11\namd 2002 No. 39 s 169 ; 2006 No. 26 s 43 ; 2007 No. 1 s 11 sch 1 ; 2007 No. 27 s 10 ; 2013 No. 26 s 35 ; 2014 No. 1 s 15 ; 2018 No. 20 s 28\n(sec.382-ssec.1) The object of this section is to provide an alternative way for a police officer to start or continue a proceeding against a person that reduces the need for custody associated with arrest and does not involve the delay associated with issuing a complaint and summons under the Justices Act 1886 . For starting proceedings against children by notices to appear, see the Youth Justice Act 1992 .\n(sec.382-ssec.2) A police officer may issue and serve a notice ( notice to appear ) on a person if the police officer— reasonably suspects the person has committed or is committing an offence; or is asked by another police officer who has the suspicion mentioned in paragraph (a) to issue and serve the notice to appear.\n(sec.382-ssec.3) A notice to appear must be personally served on a person.\n(sec.382-ssec.4) However, a notice to appear for an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) may be served on a person by registered post if it is served as in the way provided for under the Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) . The Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) authorises service on a person at the person’s place of business or residence last known to the complainant, or at an address stated on the person’s driver licence or a current certificate of registration for the person’s motor vehicle.\n(sec.382-ssec.5) If a person is alleged to have committed offences as a child and as an adult, a separate notice to appear must be issued for the offences committed as a child.\n- (a) reasonably suspects the person has committed or is committing an offence; or\n- (b) is asked by another police officer who has the suspicion mentioned in paragraph (a) to issue and serve the notice to appear.","sortOrder":763},{"sectionNumber":"sec.383","sectionType":"section","heading":"Notice to appear must be served discreetly on a child","content":"### sec.383 Notice to appear must be served discreetly on a child\n\nA notice to appear must be served on a child—\nas discreetly as practicable; and\nnot at or in the vicinity of the child’s place of employment or school, unless there is no other place where service may be reasonably effected.\ns 383 ins 2002 No. 39 s 170\n- (a) as discreetly as practicable; and\n- (b) not at or in the vicinity of the child’s place of employment or school, unless there is no other place where service may be reasonably effected.","sortOrder":764},{"sectionNumber":"sec.384","sectionType":"section","heading":"Notice to appear form","content":"### sec.384 Notice to appear form\n\nA notice to appear must—\nstate the substance of the offence alleged to have been committed; and\nstate the name of the person alleged to have committed the offence; and\nclearly state whether the person was, at the time of the alleged offence, an adult or a child; and\nrequire the person to appear before a court of summary jurisdiction in relation to the offence at a stated time and place; and\nif a police officer issues the notice to appear at the request of another police officer (the requesting police officer )—state the requesting police officer’s particulars that would otherwise have been stated on the notice to appear had the requesting police officer issued and served it; and\nbe signed by the police officer serving the notice to appear.\nThe stated place for the person’s appearance before the court must be—\nfor a child—a place where the court sits that a police officer is satisfied is the most convenient for the child to access, unless the time for appearing before the court at that place would not comply with subsection (3) (b) (i) ; and\na place where the court will be sitting at the stated time.\nThe stated time for the person’s appearance before the court must be a time—\nfor an adult—at least 14 days or, with the person’s written agreement, a stated shorter time, after the notice is served; or\nfor a child—\nas soon as practicable after service of the notice to appear; and\nfixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 .\nSubsection (2) is subject to a provision of another Act that requires a proceeding for the offence to be started, heard or determined at a particular place.\ns 384 (prev s 178) renum 2000 No. 22 s 11\namd 2002 No. 39 s 171 ; 2007 No. 27 s 11 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2019 No. 23 s 41\n(sec.384-ssec.1) A notice to appear must— state the substance of the offence alleged to have been committed; and state the name of the person alleged to have committed the offence; and clearly state whether the person was, at the time of the alleged offence, an adult or a child; and require the person to appear before a court of summary jurisdiction in relation to the offence at a stated time and place; and if a police officer issues the notice to appear at the request of another police officer (the requesting police officer )—state the requesting police officer’s particulars that would otherwise have been stated on the notice to appear had the requesting police officer issued and served it; and be signed by the police officer serving the notice to appear.\n(sec.384-ssec.2) The stated place for the person’s appearance before the court must be— for a child—a place where the court sits that a police officer is satisfied is the most convenient for the child to access, unless the time for appearing before the court at that place would not comply with subsection (3) (b) (i) ; and a place where the court will be sitting at the stated time.\n(sec.384-ssec.3) The stated time for the person’s appearance before the court must be a time— for an adult—at least 14 days or, with the person’s written agreement, a stated shorter time, after the notice is served; or for a child— as soon as practicable after service of the notice to appear; and fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 .\n(sec.384-ssec.4) Subsection (2) is subject to a provision of another Act that requires a proceeding for the offence to be started, heard or determined at a particular place.\n- (a) state the substance of the offence alleged to have been committed; and\n- (b) state the name of the person alleged to have committed the offence; and\n- (c) clearly state whether the person was, at the time of the alleged offence, an adult or a child; and\n- (d) require the person to appear before a court of summary jurisdiction in relation to the offence at a stated time and place; and\n- (e) if a police officer issues the notice to appear at the request of another police officer (the requesting police officer )—state the requesting police officer’s particulars that would otherwise have been stated on the notice to appear had the requesting police officer issued and served it; and\n- (f) be signed by the police officer serving the notice to appear.\n- (a) for a child—a place where the court sits that a police officer is satisfied is the most convenient for the child to access, unless the time for appearing before the court at that place would not comply with subsection (3) (b) (i) ; and\n- (b) a place where the court will be sitting at the stated time.\n- (a) for an adult—at least 14 days or, with the person’s written agreement, a stated shorter time, after the notice is served; or\n- (b) for a child— (i) as soon as practicable after service of the notice to appear; and (ii) fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 .\n- (i) as soon as practicable after service of the notice to appear; and\n- (ii) fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 .\n- (i) as soon as practicable after service of the notice to appear; and\n- (ii) fixed generally by the clerk of the court for hearing matters under the Youth Justice Act 1992 .","sortOrder":765},{"sectionNumber":"sec.385","sectionType":"section","heading":"Filing of notice to appear","content":"### sec.385 Filing of notice to appear\n\nAs soon as reasonably practicable after service of a notice to appear on a person, and before the time the person is required to appear at a place before a court under the notice, the notice must be lodged with the clerk of the court at the place.\nA person must not be ordered to pay filing costs in the proceeding for the offence.\ns 385 (prev s 179) renum 2000 No. 22 s 11\nsub 2002 No. 39 s 172\n(sec.385-ssec.1) As soon as reasonably practicable after service of a notice to appear on a person, and before the time the person is required to appear at a place before a court under the notice, the notice must be lodged with the clerk of the court at the place.\n(sec.385-ssec.2) A person must not be ordered to pay filing costs in the proceeding for the offence.","sortOrder":766},{"sectionNumber":"sec.386","sectionType":"section","heading":"General particulars only are required on a notice to appear","content":"### sec.386 General particulars only are required on a notice to appear\n\nThe statement in the notice to appear of the substance of the offence alleged to have been committed need only provide general particulars of the offence, for example—\nthe type of offence; and\nwhen and where it is alleged to have been committed.\nIf 2 or more matters are properly joined in 1 notice to appear under the Justices Act 1886 , section 43 (1) , then, despite section 43 (2) and (3) of that Act—\neach matter need not be set out in a separate paragraph; and\nobjection can not be taken to the notice to appear because each matter is not set out in a separate paragraph.\ns 386 (prev s 180) renum 2000 No. 22 s 11\n(sec.386-ssec.1) The statement in the notice to appear of the substance of the offence alleged to have been committed need only provide general particulars of the offence, for example— the type of offence; and when and where it is alleged to have been committed.\n(sec.386-ssec.2) If 2 or more matters are properly joined in 1 notice to appear under the Justices Act 1886 , section 43 (1) , then, despite section 43 (2) and (3) of that Act— each matter need not be set out in a separate paragraph; and objection can not be taken to the notice to appear because each matter is not set out in a separate paragraph.\n- (a) the type of offence; and\n- (b) when and where it is alleged to have been committed.\n- (a) each matter need not be set out in a separate paragraph; and\n- (b) objection can not be taken to the notice to appear because each matter is not set out in a separate paragraph.","sortOrder":767},{"sectionNumber":"sec.387","sectionType":"section","heading":"Particulars of notice to appear offence must be given in the proceeding","content":"### sec.387 Particulars of notice to appear offence must be given in the proceeding\n\nSection 386 does not affect the duty of the prosecution to provide proper particulars of an offence in the course of prosecution.\nWhen a person on whom a notice to appear has been served appears before a court in response to the notice, the court must ensure that the person is provided promptly with proper particulars of the offence and granted any adjournment of the proceeding necessary to consider them.\ns 387 (prev s 181) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 11\namd 2002 No. 39 s 173\n(sec.387-ssec.1) Section 386 does not affect the duty of the prosecution to provide proper particulars of an offence in the course of prosecution.\n(sec.387-ssec.2) When a person on whom a notice to appear has been served appears before a court in response to the notice, the court must ensure that the person is provided promptly with proper particulars of the offence and granted any adjournment of the proceeding necessary to consider them.","sortOrder":768},{"sectionNumber":"sec.388","sectionType":"section","heading":"Notice to appear equivalent to a complaint and summons","content":"### sec.388 Notice to appear equivalent to a complaint and summons\n\nA statement in a notice to appear of the substance of an offence alleged to have been committed is taken to be a complaint under the Justices Act 1886 .\nAlso, a requirement in a notice to appear that a person appear before a court in relation to the offence at a stated time and place—\nis taken to be a summons issued by a justice under the Justices Act 1886 ; but\nis not a requirement to which section 791 applies.\nIf a prescribed police officer issues and serves a notice to appear on a person under section 394 (2) (b) , the police officer who arrested the person, and not the prescribed police officer, is taken to have started the proceeding against the person.\nAlso, if a police officer issues and serves a notice to appear at the request of another police officer, the police officer who made the request is taken to have started the proceeding against the person on whom the notice to appear is served even though that police officer did not serve the notice to appear on the person.\nSubject to this part, the Justices Act 1886 and any other Act applies to a notice to appear in the same way as it applies to a complaint and summons.\nIn this section—\nprescribed police officer means a prescribed police officer under the Bail Act 1980 , section 7 .\ns 388 (prev s 182) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 11\namd 2002 No. 23 s 67 ; 2002 No. 39 s 174 ; 2003 No. 19 s 3 sch ; 2006 No. 26 s 44 ; 2007 No. 27 s 12\n(sec.388-ssec.1) A statement in a notice to appear of the substance of an offence alleged to have been committed is taken to be a complaint under the Justices Act 1886 .\n(sec.388-ssec.2) Also, a requirement in a notice to appear that a person appear before a court in relation to the offence at a stated time and place— is taken to be a summons issued by a justice under the Justices Act 1886 ; but is not a requirement to which section 791 applies.\n(sec.388-ssec.3) If a prescribed police officer issues and serves a notice to appear on a person under section 394 (2) (b) , the police officer who arrested the person, and not the prescribed police officer, is taken to have started the proceeding against the person.\n(sec.388-ssec.4) Also, if a police officer issues and serves a notice to appear at the request of another police officer, the police officer who made the request is taken to have started the proceeding against the person on whom the notice to appear is served even though that police officer did not serve the notice to appear on the person.\n(sec.388-ssec.5) Subject to this part, the Justices Act 1886 and any other Act applies to a notice to appear in the same way as it applies to a complaint and summons.\n(sec.388-ssec.6) In this section— prescribed police officer means a prescribed police officer under the Bail Act 1980 , section 7 .\n- (a) is taken to be a summons issued by a justice under the Justices Act 1886 ; but\n- (b) is not a requirement to which section 791 applies.","sortOrder":769},{"sectionNumber":"sec.389","sectionType":"section","heading":"Court may order immediate arrest of person who fails to appear","content":"### sec.389 Court may order immediate arrest of person who fails to appear\n\nSubject to section 390 , if a person fails to appear before a court as required by a notice to appear served on the person, the court may—\nhear and decide the complaint in the absence of the person; or\norder that a warrant issue for the arrest of the person to be brought before the court to be dealt with according to law.\nA document purporting to be a copy of the notice to appear signed by the police officer who served it, and stating the following is evidence of what it states—\nif the notice to appear was served personally—\nthe date it is served; and\nwhen and where it was served;\nif the notice to appear is served by registered post under section 382 (4) —\nthe notice to appear was posted to the address stated in the notice by registered post; and\nwhen and where the notice to appear was posted; and\nthe registered post identification number for the envelope containing the notice to appear.\nAny justice may issue the warrant.\nIf the person appears voluntarily before a court after the warrant is issued, any justice may revoke the warrant.\nSubsection (1) (b) does not prevent a court postponing the enforcement of a warrant for the arrest of a person to allow the person a further opportunity to appear before the court.\nAn adult who is arrested under a warrant issued under subsection (1) (b) is taken, for section 394 , to have been arrested for the offence stated in the notice to appear.\nThe bail and custody provisions of the Youth Justice Act 1992 , part 5 apply to a child arrested on a warrant issued under subsection (1) (b) .\ns 389 (prev s 183) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 11\namd 2002 No. 39 s 175 ; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ); 2006 No. 26 s 45 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2018 No. 20 s 29\n(sec.389-ssec.1) Subject to section 390 , if a person fails to appear before a court as required by a notice to appear served on the person, the court may— hear and decide the complaint in the absence of the person; or order that a warrant issue for the arrest of the person to be brought before the court to be dealt with according to law.\n(sec.389-ssec.2) A document purporting to be a copy of the notice to appear signed by the police officer who served it, and stating the following is evidence of what it states— if the notice to appear was served personally— the date it is served; and when and where it was served; if the notice to appear is served by registered post under section 382 (4) — the notice to appear was posted to the address stated in the notice by registered post; and when and where the notice to appear was posted; and the registered post identification number for the envelope containing the notice to appear.\n(sec.389-ssec.3) Any justice may issue the warrant.\n(sec.389-ssec.4) If the person appears voluntarily before a court after the warrant is issued, any justice may revoke the warrant.\n(sec.389-ssec.5) Subsection (1) (b) does not prevent a court postponing the enforcement of a warrant for the arrest of a person to allow the person a further opportunity to appear before the court.\n(sec.389-ssec.6) An adult who is arrested under a warrant issued under subsection (1) (b) is taken, for section 394 , to have been arrested for the offence stated in the notice to appear.\n(sec.389-ssec.7) The bail and custody provisions of the Youth Justice Act 1992 , part 5 apply to a child arrested on a warrant issued under subsection (1) (b) .\n- (a) hear and decide the complaint in the absence of the person; or\n- (b) order that a warrant issue for the arrest of the person to be brought before the court to be dealt with according to law.\n- (a) if the notice to appear was served personally— (i) the date it is served; and (ii) when and where it was served;\n- (i) the date it is served; and\n- (ii) when and where it was served;\n- (b) if the notice to appear is served by registered post under section 382 (4) — (i) the notice to appear was posted to the address stated in the notice by registered post; and (ii) when and where the notice to appear was posted; and (iii) the registered post identification number for the envelope containing the notice to appear.\n- (i) the notice to appear was posted to the address stated in the notice by registered post; and\n- (ii) when and where the notice to appear was posted; and\n- (iii) the registered post identification number for the envelope containing the notice to appear.\n- (i) the date it is served; and\n- (ii) when and where it was served;\n- (i) the notice to appear was posted to the address stated in the notice by registered post; and\n- (ii) when and where the notice to appear was posted; and\n- (iii) the registered post identification number for the envelope containing the notice to appear.","sortOrder":770},{"sectionNumber":"sec.390","sectionType":"section","heading":"Court must strike out notice to appear if service insufficient","content":"### sec.390 Court must strike out notice to appear if service insufficient\n\nIf a person fails to appear before a court as required by a notice to appear and the court is not satisfied the person was served as required under this Act, the court must strike out the notice to appear.\nThe striking out of a notice to appear under subsection (1) does not prevent another proceeding being started for the offence for which the notice to appear was purportedly served.\ns 390 (prev s 184) renum 2000 No. 22 s 11\namd 2002 No. 39 s 176\n(sec.390-ssec.1) If a person fails to appear before a court as required by a notice to appear and the court is not satisfied the person was served as required under this Act, the court must strike out the notice to appear.\n(sec.390-ssec.2) The striking out of a notice to appear under subsection (1) does not prevent another proceeding being started for the offence for which the notice to appear was purportedly served.","sortOrder":771},{"sectionNumber":"sec.390A","sectionType":"section","heading":null,"content":"### Section sec.390A\n\ns 390A ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":772},{"sectionNumber":"sec.390B","sectionType":"section","heading":null,"content":"### Section sec.390B\n\ns 390B ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":773},{"sectionNumber":"sec.390C","sectionType":"section","heading":null,"content":"### Section sec.390C\n\ns 390C ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":774},{"sectionNumber":"sec.390D","sectionType":"section","heading":null,"content":"### Section sec.390D\n\ns 390D ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":775},{"sectionNumber":"sec.390E","sectionType":"section","heading":null,"content":"### Section sec.390E\n\ns 390E ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":776},{"sectionNumber":"sec.390F","sectionType":"section","heading":null,"content":"### Section sec.390F\n\ns 390F ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":777},{"sectionNumber":"sec.390G","sectionType":"section","heading":null,"content":"### Section sec.390G\n\ns 390G ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":778},{"sectionNumber":"sec.390H","sectionType":"section","heading":null,"content":"### Section sec.390H\n\ns 390H ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":779},{"sectionNumber":"sec.390I","sectionType":"section","heading":null,"content":"### Section sec.390I\n\ns 390I ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":780},{"sectionNumber":"sec.390J","sectionType":"section","heading":null,"content":"### Section sec.390J\n\ns 390J ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":781},{"sectionNumber":"sec.390K","sectionType":"section","heading":null,"content":"### Section sec.390K\n\ns 390K ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":782},{"sectionNumber":"sec.390L","sectionType":"section","heading":null,"content":"### Section sec.390L\n\ns 390L ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":783},{"sectionNumber":"sec.390M","sectionType":"section","heading":null,"content":"### Section sec.390M\n\ns 390M ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":784},{"sectionNumber":"sec.390MA","sectionType":"section","heading":null,"content":"### Section sec.390MA\n\ns 390MA ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":785},{"sectionNumber":"sec.390N","sectionType":"section","heading":null,"content":"### Section sec.390N\n\ns 390N ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":786},{"sectionNumber":"sec.390O","sectionType":"section","heading":null,"content":"### Section sec.390O\n\ns 390O ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":787},{"sectionNumber":"sec.390P","sectionType":"section","heading":null,"content":"### Section sec.390P\n\ns 390P ins 2014 No. 42 s 113\nom 2020 No. 7 s 42","sortOrder":788},{"sectionNumber":"ch.14-pt.6","sectionType":"part","heading":"Duties after arrest","content":"# Duties after arrest","sortOrder":789},{"sectionNumber":"sec.391","sectionType":"section","heading":"Information to be given to arrested person","content":"### sec.391 Information to be given to arrested person\n\nA police officer who arrests a person, whether or not under a warrant, must, as soon as is reasonably practicable after the arrest, inform the person that the person is under arrest and of the nature of the offence for which the person is arrested.\nA police officer who arrests a person with a warrant must inform the person that the person is under arrest and of the nature of the warrant.\nBefore the person is released from police custody, a police officer must give the person, in writing—\nthe name, rank and station of the arresting officer; and\nif the person was arrested under section 365A (1) —the name, rank and station of the instructing officer.\ns 391 (prev s 185) renum 2000 No. 22 s 11\namd 2016 No. 48 s 11\n(sec.391-ssec.1) A police officer who arrests a person, whether or not under a warrant, must, as soon as is reasonably practicable after the arrest, inform the person that the person is under arrest and of the nature of the offence for which the person is arrested.\n(sec.391-ssec.2) A police officer who arrests a person with a warrant must inform the person that the person is under arrest and of the nature of the warrant.\n(sec.391-ssec.3) Before the person is released from police custody, a police officer must give the person, in writing— the name, rank and station of the arresting officer; and if the person was arrested under section 365A (1) —the name, rank and station of the instructing officer.\n- (a) the name, rank and station of the arresting officer; and\n- (b) if the person was arrested under section 365A (1) —the name, rank and station of the instructing officer.","sortOrder":790},{"sectionNumber":"sec.392","sectionType":"section","heading":"Parent and particular chief executives to be advised of arrest or service of notice to appear","content":"### sec.392 Parent and particular chief executives to be advised of arrest or service of notice to appear\n\nA police officer who arrests a child must promptly advise the persons mentioned in subsection (3) of the arrest and whereabouts of the child.\nA police officer who has served a notice to appear on a child must promptly advise the persons mentioned in subsection (3) of the service of the notice to appear.\nThe persons to be notified are—\na parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries; and\nthe chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility; and\nif the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility.\nIf no parent of the child can be contacted after making all reasonable inquiries, a police officer must make a record of the inquiries made.\nSubsections (1) , (2) and (4) do not apply in relation to a child if a police officer believes on reasonable grounds that the child is an adult.\nIn deciding whether the police officer had the reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest or service of the notice.\nIn this section—\nparent —\nmeans a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and\nincludes a person who is apparently a parent of a child.\ns 392 (prev s 186) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 11\nsub 2002 No. 39 s 177\namd 2005 No. 17 s 10 ; 2019 No. 23 s 42\n(sec.392-ssec.1) A police officer who arrests a child must promptly advise the persons mentioned in subsection (3) of the arrest and whereabouts of the child.\n(sec.392-ssec.2) A police officer who has served a notice to appear on a child must promptly advise the persons mentioned in subsection (3) of the service of the notice to appear.\n(sec.392-ssec.3) The persons to be notified are— a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries; and the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility; and if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility.\n(sec.392-ssec.4) If no parent of the child can be contacted after making all reasonable inquiries, a police officer must make a record of the inquiries made.\n(sec.392-ssec.5) Subsections (1) , (2) and (4) do not apply in relation to a child if a police officer believes on reasonable grounds that the child is an adult.\n(sec.392-ssec.6) In deciding whether the police officer had the reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest or service of the notice.\n(sec.392-ssec.7) In this section— parent — means a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and includes a person who is apparently a parent of a child.\n- (a) a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries; and\n- (b) the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility; and\n- (c) if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999 , that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility.\n- (a) means a parent within the meaning of the Youth Justice Act 1992 , schedule 4 ; and\n- (b) includes a person who is apparently a parent of a child.","sortOrder":791},{"sectionNumber":"sec.393","sectionType":"section","heading":"Duty of police officer after arrest etc. of person","content":"### sec.393 Duty of police officer after arrest etc. of person\n\nIf a police officer does any of the following, the police officer must, as soon as reasonably practicable, take the person before a court to be dealt with according to law—\narrests a person, without warrant, for an offence;\narrests a person under a warrant for an offence, whether under this or another Act;\narrests a person under section 367 or 368 ;\nreceives into custody a person who is arrested or detained by someone other than a police officer.\nSubsection (1) does not apply if the person—\nis released under part 4 ; or\nis being detained under chapter 15 for an indictable offence; or\nis being detained under the Road Use Management Act , section 80 ; or\nis arrested under a warrant that requires the police officer to take the person before another body or to another place; or\nis delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or\nis arrested under section 365 (2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or\nis delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994 , chapter 11 , part 4A , and is released by the police officer without having been charged with an offence.\nA warrant under the Commissions of Inquiry Act 1950 may require that a person be apprehended to enable the person to be brought before a commission of inquiry to give evidence.\nAlso, subsection (1) does not prevent a police officer—\nif the person is a prisoner under the Corrective Services Act 2006 —taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or\nif the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court.\ns 393 (prev s 187) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 11\namd 2000 No. 63 s 276 sch 2 ; 2003 No. 19 s 3 sch ; 2006 No. 26 s 46 ; 2006 No. 29 s 511 ; 2008 No. 67 s 235\n(sec.393-ssec.1) If a police officer does any of the following, the police officer must, as soon as reasonably practicable, take the person before a court to be dealt with according to law— arrests a person, without warrant, for an offence; arrests a person under a warrant for an offence, whether under this or another Act; arrests a person under section 367 or 368 ; receives into custody a person who is arrested or detained by someone other than a police officer.\n(sec.393-ssec.2) Subsection (1) does not apply if the person— is released under part 4 ; or is being detained under chapter 15 for an indictable offence; or is being detained under the Road Use Management Act , section 80 ; or is arrested under a warrant that requires the police officer to take the person before another body or to another place; or is delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or is arrested under section 365 (2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or is delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994 , chapter 11 , part 4A , and is released by the police officer without having been charged with an offence. A warrant under the Commissions of Inquiry Act 1950 may require that a person be apprehended to enable the person to be brought before a commission of inquiry to give evidence.\n(sec.393-ssec.3) Also, subsection (1) does not prevent a police officer— if the person is a prisoner under the Corrective Services Act 2006 —taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or if the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court.\n- (a) arrests a person, without warrant, for an offence;\n- (b) arrests a person under a warrant for an offence, whether under this or another Act;\n- (c) arrests a person under section 367 or 368 ;\n- (d) receives into custody a person who is arrested or detained by someone other than a police officer.\n- (a) is released under part 4 ; or\n- (b) is being detained under chapter 15 for an indictable offence; or\n- (c) is being detained under the Road Use Management Act , section 80 ; or\n- (d) is arrested under a warrant that requires the police officer to take the person before another body or to another place; or\n- (e) is delivered into the custody of a watch-house manager or the officer in charge of a police establishment; or\n- (f) is arrested under section 365 (2) and is later released under section 376 without having been charged with the offence for which the person was arrested; or\n- (g) is delivered into the custody of a police officer following a detention under the Transport Operations (Passenger Transport) Act 1994 , chapter 11 , part 4A , and is released by the police officer without having been charged with an offence.\n- (a) if the person is a prisoner under the Corrective Services Act 2006 —taking the person to a prison or to a watch-house until the person can be conveniently taken to a prison; or\n- (b) if the person escaped from lawful custody while a prisoner of a court—taking the person to a police station or watch-house until the person can be conveniently returned to the custody of the proper officer of the relevant court.","sortOrder":792},{"sectionNumber":"sec.394","sectionType":"section","heading":"Duty of police officer receiving custody of person arrested for offence","content":"### sec.394 Duty of police officer receiving custody of person arrested for offence\n\nThis section applies if—\na person who has been arrested for an offence, whether or not under a warrant, is delivered into the custody of the officer in charge of a police station or police establishment or a watch-house manager; and\nthe person is not being detained under chapter 15 ; and\nit is not practicable to bring the person before a court promptly.\nA prescribed police officer at the police station, police establishment or watch-house must, as soon as reasonably practicable—\ndecide whether or not to grant bail under the Bail Act 1980 ; or\nissue and serve a notice to appear on the person; or\nfor a person arrested for a minor drugs offence—decide whether to discontinue the arrest under part 4 , division 5 ; or\nfor a person arrested for a prescribed public nuisance offence—issue and serve on the person an infringement notice for the prescribed public nuisance offence and any associated offence; or\ntake the person before a court to be dealt with according to law.\nIf a person is released under part 4 , division 5 before appearing in a court in relation to the offence, any proceeding against the person for the offence is discontinued even though the person may have been charged with having committed the offence.\nThis section does not apply to a child.\nSee also the Youth Justice Act 1992 , section 50 .\nIn this section—\nassociated offence , in relation to a prescribed public nuisance offence, means an offence against either or both of the following provisions, unless the offence also involves an offence against the person—\nsection 790 (1) , but only to the extent that it relates to obstructing a police officer in the performance of a police officer’s duties in relation to a prescribed public nuisance offence;\nsection 791 (2) , but only to the extent that it relates to a requirement to state a person’s correct name and address in relation to a prescribed public nuisance offence.\nprescribed police officer means a prescribed police officer under the Bail Act 1980 , section 7 .\nprescribed public nuisance offence means an offence against the Summary Offences Act 2005 , section 6 (1) or 7 (1) , unless the offence also involves an offence against the person.\ns 394 (prev s 188) amd 2000 No. 22 ss 12 , 3 sch\nrenum 2000 No. 22 s 12 (4)\namd 2002 No. 23 s 68 ; 2002 No. 39 s 178 ; 2005 No. 17 s 11 ; 2008 No. 65 s 7 ; 2010 No. 45 s 3 ; 2014 No. 42 s 114 ; 2019 No. 23 s 48 s ch 1 pt 1 ; 2023 No. 11 s 26; 2023 No. 21 s 50E\n(sec.394-ssec.1) This section applies if— a person who has been arrested for an offence, whether or not under a warrant, is delivered into the custody of the officer in charge of a police station or police establishment or a watch-house manager; and the person is not being detained under chapter 15 ; and it is not practicable to bring the person before a court promptly.\n(sec.394-ssec.2) A prescribed police officer at the police station, police establishment or watch-house must, as soon as reasonably practicable— decide whether or not to grant bail under the Bail Act 1980 ; or issue and serve a notice to appear on the person; or for a person arrested for a minor drugs offence—decide whether to discontinue the arrest under part 4 , division 5 ; or for a person arrested for a prescribed public nuisance offence—issue and serve on the person an infringement notice for the prescribed public nuisance offence and any associated offence; or take the person before a court to be dealt with according to law.\n(sec.394-ssec.3) If a person is released under part 4 , division 5 before appearing in a court in relation to the offence, any proceeding against the person for the offence is discontinued even though the person may have been charged with having committed the offence.\n(sec.394-ssec.4) This section does not apply to a child. See also the Youth Justice Act 1992 , section 50 .\n(sec.394-ssec.5) In this section— associated offence , in relation to a prescribed public nuisance offence, means an offence against either or both of the following provisions, unless the offence also involves an offence against the person— section 790 (1) , but only to the extent that it relates to obstructing a police officer in the performance of a police officer’s duties in relation to a prescribed public nuisance offence; section 791 (2) , but only to the extent that it relates to a requirement to state a person’s correct name and address in relation to a prescribed public nuisance offence. prescribed police officer means a prescribed police officer under the Bail Act 1980 , section 7 . prescribed public nuisance offence means an offence against the Summary Offences Act 2005 , section 6 (1) or 7 (1) , unless the offence also involves an offence against the person.\n- (a) a person who has been arrested for an offence, whether or not under a warrant, is delivered into the custody of the officer in charge of a police station or police establishment or a watch-house manager; and\n- (b) the person is not being detained under chapter 15 ; and\n- (c) it is not practicable to bring the person before a court promptly.\n- (a) decide whether or not to grant bail under the Bail Act 1980 ; or\n- (b) issue and serve a notice to appear on the person; or\n- (d) for a person arrested for a minor drugs offence—decide whether to discontinue the arrest under part 4 , division 5 ; or\n- (e) for a person arrested for a prescribed public nuisance offence—issue and serve on the person an infringement notice for the prescribed public nuisance offence and any associated offence; or\n- (f) take the person before a court to be dealt with according to law.\n- (a) section 790 (1) , but only to the extent that it relates to obstructing a police officer in the performance of a police officer’s duties in relation to a prescribed public nuisance offence;\n- (b) section 791 (2) , but only to the extent that it relates to a requirement to state a person’s correct name and address in relation to a prescribed public nuisance offence.","sortOrder":793},{"sectionNumber":"sec.395","sectionType":"section","heading":"Duty of officer receiving custody of person arrested under warrant other than for offence","content":"### sec.395 Duty of officer receiving custody of person arrested under warrant other than for offence\n\nThis section applies if—\nunder section 369 , a police officer arrests a person named in a warrant issued under another Act or law; or\nsomeone else authorised under a warrant issued under another Act or law arrests a person named in the warrant;\nand the person is delivered into the custody of the officer in charge of a police establishment or a watch-house manager.\nA person is arrested under a warrant issued for non-payment of an amount of a fine.\nA person is arrested under a warrant requiring a person to be brought before a commission of inquiry.\nA correctional officer arrests a person who has escaped from custody.\nThe officer in charge or watch-house manager must, as soon as reasonably practicable, ensure compliance with the warrant.\nIn this section—\narrest , a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.\ns 395 (prev s 189) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\n(sec.395-ssec.1) This section applies if— under section 369 , a police officer arrests a person named in a warrant issued under another Act or law; or someone else authorised under a warrant issued under another Act or law arrests a person named in the warrant; and the person is delivered into the custody of the officer in charge of a police establishment or a watch-house manager. A person is arrested under a warrant issued for non-payment of an amount of a fine. A person is arrested under a warrant requiring a person to be brought before a commission of inquiry. A correctional officer arrests a person who has escaped from custody.\n(sec.395-ssec.2) The officer in charge or watch-house manager must, as soon as reasonably practicable, ensure compliance with the warrant.\n(sec.395-ssec.3) In this section— arrest , a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.\n- (a) under section 369 , a police officer arrests a person named in a warrant issued under another Act or law; or\n- (b) someone else authorised under a warrant issued under another Act or law arrests a person named in the warrant;\n- 1 A person is arrested under a warrant issued for non-payment of an amount of a fine.\n- 2 A person is arrested under a warrant requiring a person to be brought before a commission of inquiry.\n- 3 A correctional officer arrests a person who has escaped from custody.","sortOrder":794},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":795},{"sectionNumber":"ch.15-pt.1-div.1","sectionType":"division","heading":"Application of chapter","content":"## Application of chapter","sortOrder":796},{"sectionNumber":"sec.396","sectionType":"section","heading":"Chapter does not apply to covert operations","content":"### sec.396 Chapter does not apply to covert operations\n\nThis chapter does not apply to functions of a police officer performed in a covert way.\ns 396 (prev s 190) renum 2000 No. 22 s 13","sortOrder":797},{"sectionNumber":"ch.15-pt.1-div.2","sectionType":"division","heading":"Right to remain silent not affected","content":"## Right to remain silent not affected","sortOrder":798},{"sectionNumber":"sec.397","sectionType":"section","heading":"Right to remain silent not affected","content":"### sec.397 Right to remain silent not affected\n\nNothing in this chapter affects the right of a person to refuse to answer questions, unless required to answer the questions by or under an Act.\ns 397 (prev s 191) renum 2000 No. 22 s 13","sortOrder":799},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Investigations and questioning","content":"# Investigations and questioning","sortOrder":800},{"sectionNumber":"ch.15-pt.2-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":801},{"sectionNumber":"sec.398","sectionType":"section","heading":"Application of pt 2","content":"### sec.398 Application of pt 2\n\nThis part applies only to a person who—\nis lawfully arrested for an indictable offence, including if the person is arrested under section 365 (2) for questioning the person about the offence or investigating the offence; or\nis in lawful custody for a charge of an offence that has not been decided; or\nis in lawful custody under a sentence for a term of imprisonment or, for a child, a detention order.\nThe person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened.\nThe person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition.\ns 398 (prev s 192) renum 2000 No. 22 s 13\namd 2006 No. 26 s 47 ; 2007 No. 1 s 11 sch 1\n- (a) is lawfully arrested for an indictable offence, including if the person is arrested under section 365 (2) for questioning the person about the offence or investigating the offence; or\n- (b) is in lawful custody for a charge of an offence that has not been decided; or\n- (c) is in lawful custody under a sentence for a term of imprisonment or, for a child, a detention order. Examples for paragraph (b) — 1 The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened. 2 The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition.\n- 1 The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened.\n- 2 The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition.\n- 1 The person may be in lawful custody because bail has been refused or revoked or a condition of bail is contravened.\n- 2 The person is to be released on bail and may be in lawful custody pending the fulfilment of a bail condition.","sortOrder":802},{"sectionNumber":"ch.15-pt.2-div.2","sectionType":"division","heading":"Removal of persons from lawful custody in prison or detention centre","content":"## Removal of persons from lawful custody in prison or detention centre","sortOrder":803},{"sectionNumber":"sec.399","sectionType":"section","heading":"Application for removal of person from lawful custody in prison or detention centre","content":"### sec.399 Application for removal of person from lawful custody in prison or detention centre\n\nThis section applies to a person who is suspected of having committed an indictable offence and is in custody under the Corrective Services Act 2006 or the Youth Justice Act 1992 —\nfor a charge of an offence that has not been decided; or\nunder a sentence for a term of imprisonment or, for a child, a detention order.\nA police officer may apply to a magistrate for an order ( removal order ) for the removal of the person in custody in a prison or detention centre to the custody of a police officer ( police custody ) for—\nquestioning the person about the offence; or\nthe investigation of the offence.\nThe application may include an application for an extension of the detention period even though the detention period has not started.\nThe application must be—\nmade in person; and\nsworn and state the grounds on which the order is sought.\nThe magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 399 (prev s 193) renum 2000 No. 22 s 13\namd 2000 No. 63 s 276 sch 2 ; 2006 No. 26 s 3 sch 1 ; 2006 No. 29 s 512 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2021 No. 24 s 36\n(sec.399-ssec.1) This section applies to a person who is suspected of having committed an indictable offence and is in custody under the Corrective Services Act 2006 or the Youth Justice Act 1992 — for a charge of an offence that has not been decided; or under a sentence for a term of imprisonment or, for a child, a detention order.\n(sec.399-ssec.2) A police officer may apply to a magistrate for an order ( removal order ) for the removal of the person in custody in a prison or detention centre to the custody of a police officer ( police custody ) for— questioning the person about the offence; or the investigation of the offence.\n(sec.399-ssec.3) The application may include an application for an extension of the detention period even though the detention period has not started.\n(sec.399-ssec.4) The application must be— made in person; and sworn and state the grounds on which the order is sought.\n(sec.399-ssec.5) The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n- (a) for a charge of an offence that has not been decided; or\n- (b) under a sentence for a term of imprisonment or, for a child, a detention order.\n- (a) questioning the person about the offence; or\n- (b) the investigation of the offence.\n- (a) made in person; and\n- (b) sworn and state the grounds on which the order is sought.","sortOrder":804},{"sectionNumber":"sec.400","sectionType":"section","heading":"Chief executive must be advised of application for removal order","content":"### sec.400 Chief executive must be advised of application for removal order\n\nBefore a police officer applies for a removal order relating to a child, the police officer must notify the chief executive (communities), or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility.\ns 400 (prev s 194) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\namd 2005 No. 17 s 12","sortOrder":805},{"sectionNumber":"sec.401","sectionType":"section","heading":"When magistrate may make removal order","content":"### sec.401 When magistrate may make removal order\n\nA magistrate may make a removal order only if the magistrate is satisfied the custody is reasonably necessary for—\nquestioning the person about the offence; or\nthe investigation of the offence.\ns 401 (prev s 195) renum 2000 No. 22 s 13\n- (a) questioning the person about the offence; or\n- (b) the investigation of the offence.","sortOrder":806},{"sectionNumber":"sec.402","sectionType":"section","heading":"What removal order must state","content":"### sec.402 What removal order must state\n\nA removal order must state the following—\nthe name of the person the subject of the order (the relevant person ) and the prison or detention centre in which the person is in custody;\nthat the chief executive (corrective services) or, if the relevant person is in custody in a detention centre, the person in charge of the detention centre must release or make arrangements for the release of the relevant person into the custody of the police officer named in the order;\nthe name of the police officer who will have control of the relevant person while the person is absent from the prison or detention centre;\nthe reason for the relevant person’s removal;\nthe place, if known, to which the relevant person is to be removed;\nthat the relevant person must be returned to the prison or detention centre as soon as reasonably practicable after the detention period ends;\nany other conditions the magistrate considers appropriate.\ns 402 (prev s 196) renum 2000 No. 22 s 13\namd 2006 No. 29 s 513\n- (a) the name of the person the subject of the order (the relevant person ) and the prison or detention centre in which the person is in custody;\n- (b) that the chief executive (corrective services) or, if the relevant person is in custody in a detention centre, the person in charge of the detention centre must release or make arrangements for the release of the relevant person into the custody of the police officer named in the order;\n- (c) the name of the police officer who will have control of the relevant person while the person is absent from the prison or detention centre;\n- (d) the reason for the relevant person’s removal;\n- (e) the place, if known, to which the relevant person is to be removed;\n- (f) that the relevant person must be returned to the prison or detention centre as soon as reasonably practicable after the detention period ends;\n- (g) any other conditions the magistrate considers appropriate.","sortOrder":807},{"sectionNumber":"ch.15-pt.2-div.3","sectionType":"division","heading":"Detention for investigation or questioning","content":"## Detention for investigation or questioning","sortOrder":808},{"sectionNumber":"sec.403","sectionType":"section","heading":"Initial period of detention for investigation or questioning","content":"### sec.403 Initial period of detention for investigation or questioning\n\nA police officer may detain a person for a reasonable time to investigate, or question the person about—\nif the person is in custody following an arrest for an indictable offence—the offence for which the person was arrested; or\nin any case—any indictable offence the person is suspected of having committed, whether or not the offence for which the person is in custody.\nHowever, the person must not be detained under this part for more than 8 hours, unless the detention period is extended under this division.\nIf this part applies to the person because of section 398 (b) or (c) , the person must be returned to the watch-house or other place of custody as soon as reasonably practicable after the detention period ends.\nIn the 8 hours mentioned in subsection (2) (the detention period )—\nthe person may be questioned for not more than 4 hours; and\nthe time out may be more than 4 hours.\nThe detention period starts when the person is—\narrested for the indictable offence; or\ntaken into police custody under a removal order; or\ntaken from a watch-house; or\notherwise in the company of a police officer at a watch-house, prison, or detention centre, for the purpose of questioning the person.\ns 403 (prev s 197) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\n(sec.403-ssec.1) A police officer may detain a person for a reasonable time to investigate, or question the person about— if the person is in custody following an arrest for an indictable offence—the offence for which the person was arrested; or in any case—any indictable offence the person is suspected of having committed, whether or not the offence for which the person is in custody.\n(sec.403-ssec.2) However, the person must not be detained under this part for more than 8 hours, unless the detention period is extended under this division.\n(sec.403-ssec.3) If this part applies to the person because of section 398 (b) or (c) , the person must be returned to the watch-house or other place of custody as soon as reasonably practicable after the detention period ends.\n(sec.403-ssec.4) In the 8 hours mentioned in subsection (2) (the detention period )— the person may be questioned for not more than 4 hours; and the time out may be more than 4 hours.\n(sec.403-ssec.5) The detention period starts when the person is— arrested for the indictable offence; or taken into police custody under a removal order; or taken from a watch-house; or otherwise in the company of a police officer at a watch-house, prison, or detention centre, for the purpose of questioning the person.\n- (a) if the person is in custody following an arrest for an indictable offence—the offence for which the person was arrested; or\n- (b) in any case—any indictable offence the person is suspected of having committed, whether or not the offence for which the person is in custody.\n- (a) the person may be questioned for not more than 4 hours; and\n- (b) the time out may be more than 4 hours.\n- (a) arrested for the indictable offence; or\n- (b) taken into police custody under a removal order; or\n- (c) taken from a watch-house; or\n- (d) otherwise in the company of a police officer at a watch-house, prison, or detention centre, for the purpose of questioning the person.","sortOrder":809},{"sectionNumber":"sec.404","sectionType":"section","heading":"What is a reasonable time to detain a person for questioning or investigation","content":"### sec.404 What is a reasonable time to detain a person for questioning or investigation\n\nThe following must be taken into consideration when deciding what is a reasonable time to detain a person under section 403 —\nwhether the person’s detention is necessary for the investigation of an indictable offence;\nthe number of indictable offences under investigation;\nthe seriousness and complexity of an indictable offence under investigation;\nwhether the person has indicated a willingness to make a statement or to answer questions;\nthe person’s age, physical capacity and condition, and mental capacity and condition;\nfor a person arrested—any time spent questioning the person before the arrest;\nthe need to delay or suspend questioning of the person for time out purposes.\nIf the person decides not to answer questions or not to continue answering questions, continuing the detention period may not be reasonable unless—\nit is necessary to carry out further investigations; or\nthe person consents, or another authority requires the person, to participate in an investigative procedure.\nThe person consents to taking part in an identification parade.\nA magistrate orders a medical examination involving the person.\ns 404 (prev s 198) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\n(sec.404-ssec.1) The following must be taken into consideration when deciding what is a reasonable time to detain a person under section 403 — whether the person’s detention is necessary for the investigation of an indictable offence; the number of indictable offences under investigation; the seriousness and complexity of an indictable offence under investigation; whether the person has indicated a willingness to make a statement or to answer questions; the person’s age, physical capacity and condition, and mental capacity and condition; for a person arrested—any time spent questioning the person before the arrest; the need to delay or suspend questioning of the person for time out purposes.\n(sec.404-ssec.2) If the person decides not to answer questions or not to continue answering questions, continuing the detention period may not be reasonable unless— it is necessary to carry out further investigations; or the person consents, or another authority requires the person, to participate in an investigative procedure. The person consents to taking part in an identification parade. A magistrate orders a medical examination involving the person.\n- (a) whether the person’s detention is necessary for the investigation of an indictable offence;\n- (b) the number of indictable offences under investigation;\n- (c) the seriousness and complexity of an indictable offence under investigation;\n- (d) whether the person has indicated a willingness to make a statement or to answer questions;\n- (e) the person’s age, physical capacity and condition, and mental capacity and condition;\n- (f) for a person arrested—any time spent questioning the person before the arrest;\n- (g) the need to delay or suspend questioning of the person for time out purposes.\n- (a) it is necessary to carry out further investigations; or\n- (b) the person consents, or another authority requires the person, to participate in an investigative procedure.\n- 1 The person consents to taking part in an identification parade.\n- 2 A magistrate orders a medical examination involving the person.","sortOrder":810},{"sectionNumber":"sec.405","sectionType":"section","heading":"Application for extension of detention period","content":"### sec.405 Application for extension of detention period\n\nA police officer may apply for an order extending the detention period before the period ends.\nThe application must be made to—\na magistrate; or\na justice of the peace (magistrates court); or\nif there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations).\nHowever, if the total questioning period since the detention began will, if extended, be more than 12 hours, the application must be made to a magistrate.\nWhen making the application, the police officer must give to the magistrate or justice the information about any time out the police officer reasonably anticipates will be necessary.\nThe person or the person’s lawyer may make submissions to the magistrate or justice about the application, but not submissions that unduly delay the consideration of the application.\nIf the application is made before the detention period ends, the detention of the person does not end, unless the magistrate or justice refuses to extend the detention period.\ns 405 (prev s 199) renum 2000 No. 22 s 13\n(sec.405-ssec.1) A police officer may apply for an order extending the detention period before the period ends.\n(sec.405-ssec.2) The application must be made to— a magistrate; or a justice of the peace (magistrates court); or if there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations).\n(sec.405-ssec.3) However, if the total questioning period since the detention began will, if extended, be more than 12 hours, the application must be made to a magistrate.\n(sec.405-ssec.4) When making the application, the police officer must give to the magistrate or justice the information about any time out the police officer reasonably anticipates will be necessary.\n(sec.405-ssec.5) The person or the person’s lawyer may make submissions to the magistrate or justice about the application, but not submissions that unduly delay the consideration of the application.\n(sec.405-ssec.6) If the application is made before the detention period ends, the detention of the person does not end, unless the magistrate or justice refuses to extend the detention period.\n- (a) a magistrate; or\n- (b) a justice of the peace (magistrates court); or\n- (c) if there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations).","sortOrder":811},{"sectionNumber":"sec.406","sectionType":"section","heading":"When detention period may be extended","content":"### sec.406 When detention period may be extended\n\nA magistrate or justice may extend the detention period for a person if satisfied—\nthe nature and seriousness of the offence require the extension; and\nfurther detention of the person is necessary—\nto preserve or obtain evidence of the offence or another indictable offence; or\nto complete the investigation into the offence or another indictable offence; or\nto continue questioning the person about the offence or another indictable offence; and\nthe investigation is being conducted properly and without unreasonable delay; and\nthe person, or the person’s lawyer, has been given the opportunity to make submissions about the application.\nAn order extending the detention period may authorise the questioning or further questioning of the person for a reasonable time, of not more than 8 hours, and include the time the justice or magistrate considers should be allowed as time out.\nA justice who is not a magistrate does not have power to make an order authorising questioning or further questioning of a person for a period that would extend the questioning period for the person to more than 12 hours.\nIf, in the initial detention period, a person has been questioned for 4 hours and an earlier order under this section extends the questioning period to 9 hours, a justice who is not a magistrate may only extend the questioning period for another 3 hours.\ns 406 (prev s 200) renum 2000 No. 22 s 13\n(sec.406-ssec.1) A magistrate or justice may extend the detention period for a person if satisfied— the nature and seriousness of the offence require the extension; and further detention of the person is necessary— to preserve or obtain evidence of the offence or another indictable offence; or to complete the investigation into the offence or another indictable offence; or to continue questioning the person about the offence or another indictable offence; and the investigation is being conducted properly and without unreasonable delay; and the person, or the person’s lawyer, has been given the opportunity to make submissions about the application.\n(sec.406-ssec.2) An order extending the detention period may authorise the questioning or further questioning of the person for a reasonable time, of not more than 8 hours, and include the time the justice or magistrate considers should be allowed as time out.\n(sec.406-ssec.3) A justice who is not a magistrate does not have power to make an order authorising questioning or further questioning of a person for a period that would extend the questioning period for the person to more than 12 hours. If, in the initial detention period, a person has been questioned for 4 hours and an earlier order under this section extends the questioning period to 9 hours, a justice who is not a magistrate may only extend the questioning period for another 3 hours.\n- (a) the nature and seriousness of the offence require the extension; and\n- (b) further detention of the person is necessary— (i) to preserve or obtain evidence of the offence or another indictable offence; or (ii) to complete the investigation into the offence or another indictable offence; or (iii) to continue questioning the person about the offence or another indictable offence; and\n- (i) to preserve or obtain evidence of the offence or another indictable offence; or\n- (ii) to complete the investigation into the offence or another indictable offence; or\n- (iii) to continue questioning the person about the offence or another indictable offence; and\n- (c) the investigation is being conducted properly and without unreasonable delay; and\n- (d) the person, or the person’s lawyer, has been given the opportunity to make submissions about the application.\n- (i) to preserve or obtain evidence of the offence or another indictable offence; or\n- (ii) to complete the investigation into the offence or another indictable offence; or\n- (iii) to continue questioning the person about the offence or another indictable offence; and","sortOrder":812},{"sectionNumber":"sec.407","sectionType":"section","heading":"What order must state","content":"### sec.407 What order must state\n\nThe magistrate or justice must state in the order—\nhow much time is to be allowed as time out; and\nthe time for which the person may be questioned; and\nthat the person may continue to be detained for the total of the periods decided for paragraphs (a) and (b) .\nIf, under the order, time is allowed for time out, it may be used for any time out purpose, unless the magistrate or justice orders that it be used for a specific time out purpose.\ns 407 prev s 407 (prev s 343) renum 2000 No. 22 s 24\nom 2001 No. 69 s 378 sch 1\npres s 407 (prev s 201) renum 2000 No. 22 s 13\n(sec.407-ssec.1) The magistrate or justice must state in the order— how much time is to be allowed as time out; and the time for which the person may be questioned; and that the person may continue to be detained for the total of the periods decided for paragraphs (a) and (b) .\n(sec.407-ssec.2) If, under the order, time is allowed for time out, it may be used for any time out purpose, unless the magistrate or justice orders that it be used for a specific time out purpose.\n- (a) how much time is to be allowed as time out; and\n- (b) the time for which the person may be questioned; and\n- (c) that the person may continue to be detained for the total of the periods decided for paragraphs (a) and (b) .","sortOrder":813},{"sectionNumber":"sec.408","sectionType":"section","heading":"Use of time out during extended detention period","content":"### sec.408 Use of time out during extended detention period\n\nThis section applies if an order extending a detention period states how much time is to be allowed as time out and the purpose for which time out is to be allowed.\nUnless the justice or magistrate who issued the order otherwise orders or the person in custody expressly agrees to use the time for another purpose, the time allowed as time out must be used for a purpose stated in the order.\nIf reasonably practicable, the agreement must be electronically recorded.\ns 408 (prev s 202) renum 2000 No. 22 s 13\n(sec.408-ssec.1) This section applies if an order extending a detention period states how much time is to be allowed as time out and the purpose for which time out is to be allowed.\n(sec.408-ssec.2) Unless the justice or magistrate who issued the order otherwise orders or the person in custody expressly agrees to use the time for another purpose, the time allowed as time out must be used for a purpose stated in the order.\n(sec.408-ssec.3) If reasonably practicable, the agreement must be electronically recorded.","sortOrder":814},{"sectionNumber":"sec.409","sectionType":"section","heading":"Effect of unforeseen delays on detention","content":"### sec.409 Effect of unforeseen delays on detention\n\nIf, because of reasonably unforeseen time out, a delay happens in making an application for an extension of the initial period of detention of a person, the detention of the person continues to be lawful, but only for the time reasonably necessary to enable the application to be made and decided.\nIf, because of reasonably unforeseen time out—\nquestioning of a person during an extended detention period is suspended or delayed; or\na delay happens in making an application for an extension of an extended detention period;\nthe detention of the person beyond the end of the extended detention period continues to be lawful and the time allowed for questioning is not affected.\nA police car used to transport a suspect from Burketown to Mount Isa breaks down or can not get through because of impassable roads and the magistrate can not be contacted by phone or radio.\ns 409 (prev s 203) renum 2000 No. 22 s 13\n(sec.409-ssec.1) If, because of reasonably unforeseen time out, a delay happens in making an application for an extension of the initial period of detention of a person, the detention of the person continues to be lawful, but only for the time reasonably necessary to enable the application to be made and decided.\n(sec.409-ssec.2) If, because of reasonably unforeseen time out— questioning of a person during an extended detention period is suspended or delayed; or a delay happens in making an application for an extension of an extended detention period; the detention of the person beyond the end of the extended detention period continues to be lawful and the time allowed for questioning is not affected. A police car used to transport a suspect from Burketown to Mount Isa breaks down or can not get through because of impassable roads and the magistrate can not be contacted by phone or radio.\n- (a) questioning of a person during an extended detention period is suspended or delayed; or\n- (b) a delay happens in making an application for an extension of an extended detention period;","sortOrder":815},{"sectionNumber":"sec.410","sectionType":"section","heading":"Effect of another arrest on questioning period","content":"### sec.410 Effect of another arrest on questioning period\n\nIf a person is detained for questioning under this part more than once in any period of 24 hours and questioned for a total of more than 4 hours in the 24 hours, a police officer must not continue to question the person, unless the detention period is extended under section 406 .\nIf a person who has been arrested for a stealing offence and questioned for 3 hours is again arrested within a 24 hour period for a break and enter offence, a police officer can only question the person for 1 hour before being required to apply for an extension of the detention period.\ns 410 (prev s 204) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13","sortOrder":816},{"sectionNumber":"sec.411","sectionType":"section","heading":"When does detention period start for offenders arrested outside Queensland","content":"### sec.411 When does detention period start for offenders arrested outside Queensland\n\nThis section applies if, because of the Service and Execution of Process Act 1992 (Cwlth) , a person—\nhas been arrested in another State for an indictable offence committed in Queensland; or\nhas appeared before a magistrate in another State for an indictable offence committed in Queensland.\nFor this part, the detention period for the person starts—\nif, under the law of the other State, a Queensland police officer may question the person in the other State—when the Queensland police officer starts to question the person for the offence; or\nwhen the person arrives in Queensland in the company of a Queensland police officer for the purpose of being questioned for the offence.\ns 411 (prev s 205) renum 2000 No. 22 s 13\n(sec.411-ssec.1) This section applies if, because of the Service and Execution of Process Act 1992 (Cwlth) , a person— has been arrested in another State for an indictable offence committed in Queensland; or has appeared before a magistrate in another State for an indictable offence committed in Queensland.\n(sec.411-ssec.2) For this part, the detention period for the person starts— if, under the law of the other State, a Queensland police officer may question the person in the other State—when the Queensland police officer starts to question the person for the offence; or when the person arrives in Queensland in the company of a Queensland police officer for the purpose of being questioned for the offence.\n- (a) has been arrested in another State for an indictable offence committed in Queensland; or\n- (b) has appeared before a magistrate in another State for an indictable offence committed in Queensland.\n- (a) if, under the law of the other State, a Queensland police officer may question the person in the other State—when the Queensland police officer starts to question the person for the offence; or\n- (b) when the person arrives in Queensland in the company of a Queensland police officer for the purpose of being questioned for the offence.","sortOrder":817},{"sectionNumber":"ch.15-pt.2-div.3A","sectionType":"division","heading":"Removal of persons from lawful custody to help police","content":"## Removal of persons from lawful custody to help police","sortOrder":818},{"sectionNumber":"sec.411A","sectionType":"section","heading":"Definitions for division","content":"### sec.411A Definitions for division\n\nIn this division—\nassistance period see section 411F .\ncriminal activity means conduct that involves the commission of an offence by 1 or more persons.\npolice assistance removal order see section 411B (2) .\nrelevant person see section 411B (2) .\nrelevant police officer see section 411E (b) .\ns 411A ins 2021 No. 24 s 37","sortOrder":819},{"sectionNumber":"sec.411B","sectionType":"section","heading":"Application for police assistance removal order","content":"### sec.411B Application for police assistance removal order\n\nThis section applies in relation to a person, other than a child, who—\nhaving been admitted to a watch-house, is taken to be in the commissioner’s custody under the Corrective Services Act 2006 , section 8 ; and\nbefore being taken to a corrective services facility, wishes to provide information to help the police service to investigate an offence or gather intelligence in relation to criminal activity on the basis that the person is not a suspect for—\nthe offence the subject of the investigation; or\nan offence involved in the criminal activity; and\nis able to provide the information only by being removed from the watch-house and taken to a place that is not a police establishment.\nA police officer may apply to a magistrate for an order (a police assistance removal order ) for the removal of the person in custody (the relevant person ) to the custody of a police officer to enable the person to provide information to help the police service investigate an offence or gather intelligence in relation to criminal activity.\nBefore making an application for a police assistance removal order, a police officer must obtain the approval of a police officer of at least the rank of superintendent who has been appointed as a detective.\nSee also sections 411C and 411D .\nThe application must be—\nmade in person; and\nsworn and state the grounds on which the order is sought.\nThe magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 411B ins 2021 No. 24 s 37\namd 2023 No. 7 s 26\n(sec.411B-ssec.1) This section applies in relation to a person, other than a child, who— having been admitted to a watch-house, is taken to be in the commissioner’s custody under the Corrective Services Act 2006 , section 8 ; and before being taken to a corrective services facility, wishes to provide information to help the police service to investigate an offence or gather intelligence in relation to criminal activity on the basis that the person is not a suspect for— the offence the subject of the investigation; or an offence involved in the criminal activity; and is able to provide the information only by being removed from the watch-house and taken to a place that is not a police establishment.\n(sec.411B-ssec.2) A police officer may apply to a magistrate for an order (a police assistance removal order ) for the removal of the person in custody (the relevant person ) to the custody of a police officer to enable the person to provide information to help the police service investigate an offence or gather intelligence in relation to criminal activity.\n(sec.411B-ssec.3) Before making an application for a police assistance removal order, a police officer must obtain the approval of a police officer of at least the rank of superintendent who has been appointed as a detective. See also sections 411C and 411D .\n(sec.411B-ssec.4) The application must be— made in person; and sworn and state the grounds on which the order is sought.\n(sec.411B-ssec.5) The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n- (a) having been admitted to a watch-house, is taken to be in the commissioner’s custody under the Corrective Services Act 2006 , section 8 ; and\n- (b) before being taken to a corrective services facility, wishes to provide information to help the police service to investigate an offence or gather intelligence in relation to criminal activity on the basis that the person is not a suspect for— (i) the offence the subject of the investigation; or (ii) an offence involved in the criminal activity; and\n- (i) the offence the subject of the investigation; or\n- (ii) an offence involved in the criminal activity; and\n- (c) is able to provide the information only by being removed from the watch-house and taken to a place that is not a police establishment.\n- (i) the offence the subject of the investigation; or\n- (ii) an offence involved in the criminal activity; and\n- (a) made in person; and\n- (b) sworn and state the grounds on which the order is sought.","sortOrder":820},{"sectionNumber":"sec.411C","sectionType":"section","heading":"Consent of relevant person required","content":"### sec.411C Consent of relevant person required\n\nBefore applying for a police assistance removal order, a police officer must obtain the written consent of the relevant person.\nThe police officer must inform the relevant person that the relevant person may seek legal advice before deciding whether to give consent to be removed to the custody of a police officer for the purposes of a police assistance removal order.\nThe relevant person’s consent must also, if reasonably practicable, be electronically recorded by the police officer.\nHowever, the relevant person may refuse to consent to the electronic recording of the consent.\ns 411C ins 2021 No. 24 s 37\n(sec.411C-ssec.1) Before applying for a police assistance removal order, a police officer must obtain the written consent of the relevant person.\n(sec.411C-ssec.2) The police officer must inform the relevant person that the relevant person may seek legal advice before deciding whether to give consent to be removed to the custody of a police officer for the purposes of a police assistance removal order.\n(sec.411C-ssec.3) The relevant person’s consent must also, if reasonably practicable, be electronically recorded by the police officer.\n(sec.411C-ssec.4) However, the relevant person may refuse to consent to the electronic recording of the consent.","sortOrder":821},{"sectionNumber":"sec.411D","sectionType":"section","heading":"Making, and effect, of police assistance removal order","content":"### sec.411D Making, and effect, of police assistance removal order\n\nA magistrate may make a police assistance removal order only if the magistrate is satisfied the relevant person has consented to be removed into the custody of a police officer for the purposes of an investigation of an offence or intelligence gathering in relation to criminal activity on the basis that the person is not a suspect for—\nthe offence the subject of the investigation; or\nan offence involved in the criminal activity.\nIf a police assistance removal order is made, the relevant person can not, during the assistance period, be questioned by a police officer about—\nan offence the person has been charged with; or\nthe commission of an offence the person is suspected of being involved in.\ns 411D ins 2021 No. 24 s 37\n(sec.411D-ssec.1) A magistrate may make a police assistance removal order only if the magistrate is satisfied the relevant person has consented to be removed into the custody of a police officer for the purposes of an investigation of an offence or intelligence gathering in relation to criminal activity on the basis that the person is not a suspect for— the offence the subject of the investigation; or an offence involved in the criminal activity.\n(sec.411D-ssec.2) If a police assistance removal order is made, the relevant person can not, during the assistance period, be questioned by a police officer about— an offence the person has been charged with; or the commission of an offence the person is suspected of being involved in.\n- (a) the offence the subject of the investigation; or\n- (b) an offence involved in the criminal activity.\n- (a) an offence the person has been charged with; or\n- (b) the commission of an offence the person is suspected of being involved in.","sortOrder":822},{"sectionNumber":"sec.411E","sectionType":"section","heading":"What police assistance removal order must state","content":"### sec.411E What police assistance removal order must state\n\nA police assistance removal order must state the following—\nthe name of the relevant person and the watch-house in which the person is in custody;\nthe name of the police officer (the relevant police officer ) who will have control of the relevant person while the person is absent from the watch-house;\nthat the watch-house manager must release or make arrangements for the release of the relevant person into the custody of the relevant police officer;\nthe reason for the relevant person’s removal;\nthe places, if known, to which the relevant person is to be taken during the assistance period;\nthat the relevant person must be returned to the watch-house as soon as reasonably practicable after the assistance period ends or the relevant person withdraws consent to help the police service;\nany other conditions the magistrate considers appropriate.\ns 411E ins 2021 No. 24 s 37\n- (a) the name of the relevant person and the watch-house in which the person is in custody;\n- (b) the name of the police officer (the relevant police officer ) who will have control of the relevant person while the person is absent from the watch-house;\n- (c) that the watch-house manager must release or make arrangements for the release of the relevant person into the custody of the relevant police officer;\n- (d) the reason for the relevant person’s removal;\n- (e) the places, if known, to which the relevant person is to be taken during the assistance period;\n- (f) that the relevant person must be returned to the watch-house as soon as reasonably practicable after the assistance period ends or the relevant person withdraws consent to help the police service;\n- (g) any other conditions the magistrate considers appropriate.","sortOrder":823},{"sectionNumber":"sec.411F","sectionType":"section","heading":"Assistance period","content":"### sec.411F Assistance period\n\nA police officer may keep a relevant person in custody under a police assistance removal order for no more than 8 hours (the assistance period ), unless the assistance period is extended.\ns 411F ins 2021 No. 24 s 37","sortOrder":824},{"sectionNumber":"sec.411G","sectionType":"section","heading":"Application for extension of assistance period","content":"### sec.411G Application for extension of assistance period\n\nA police officer may apply for an order extending the assistance period before the period ends.\nThe application must be made to—\na magistrate; or\na justice of the peace (magistrates court); or\nif there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations).\ns 411G ins 2021 No. 24 s 37\n(sec.411G-ssec.1) A police officer may apply for an order extending the assistance period before the period ends.\n(sec.411G-ssec.2) The application must be made to— a magistrate; or a justice of the peace (magistrates court); or if there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations).\n- (a) a magistrate; or\n- (b) a justice of the peace (magistrates court); or\n- (c) if there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations).","sortOrder":825},{"sectionNumber":"sec.411H","sectionType":"section","heading":"Further consent of relevant person required","content":"### sec.411H Further consent of relevant person required\n\nBefore applying for an extension of the assistance period under section 411G , a police officer must obtain the further written consent of the relevant person to the extension of the assistance period.\nThe relevant person may seek legal advice before deciding whether to give consent to the extension of the assistance period.\nThe relevant person’s consent must also, if reasonably practicable, be electronically recorded by the police officer.\nHowever, the relevant person may refuse to consent to the electronic recording of the consent.\ns 411H ins 2021 No. 24 s 37\n(sec.411H-ssec.1) Before applying for an extension of the assistance period under section 411G , a police officer must obtain the further written consent of the relevant person to the extension of the assistance period.\n(sec.411H-ssec.2) The relevant person may seek legal advice before deciding whether to give consent to the extension of the assistance period.\n(sec.411H-ssec.3) The relevant person’s consent must also, if reasonably practicable, be electronically recorded by the police officer.\n(sec.411H-ssec.4) However, the relevant person may refuse to consent to the electronic recording of the consent.","sortOrder":826},{"sectionNumber":"sec.411I","sectionType":"section","heading":"When assistance period may be extended","content":"### sec.411I When assistance period may be extended\n\nA magistrate or justice may extend the assistance period for a relevant person if satisfied—\nthe relevant person has given consent for the assistance period to be extended; and\nthe extension of the assistance period is reasonably necessary.\nAn order may extend the assistance period for a reasonable time of not more than 8 hours.\nThere may be only 1 extension of the assistance period for a police assistance removal order.\ns 411I ins 2021 No. 24 s 37\n(sec.411I-ssec.1) A magistrate or justice may extend the assistance period for a relevant person if satisfied— the relevant person has given consent for the assistance period to be extended; and the extension of the assistance period is reasonably necessary.\n(sec.411I-ssec.2) An order may extend the assistance period for a reasonable time of not more than 8 hours.\n(sec.411I-ssec.3) There may be only 1 extension of the assistance period for a police assistance removal order.\n- (a) the relevant person has given consent for the assistance period to be extended; and\n- (b) the extension of the assistance period is reasonably necessary.","sortOrder":827},{"sectionNumber":"sec.411J","sectionType":"section","heading":"Withdrawal of consent","content":"### sec.411J Withdrawal of consent\n\nA relevant person may withdraw consent to help the police service under this division at any time.\nIf a relevant person withdraws consent after the person is taken into custody under a police assistance removal order, the relevant police officer must return the person to the watch-house as soon as reasonably practicable.\ns 411J ins 2021 No. 24 s 37\n(sec.411J-ssec.1) A relevant person may withdraw consent to help the police service under this division at any time.\n(sec.411J-ssec.2) If a relevant person withdraws consent after the person is taken into custody under a police assistance removal order, the relevant police officer must return the person to the watch-house as soon as reasonably practicable.","sortOrder":828},{"sectionNumber":"ch.15-pt.2-div.4","sectionType":"division","heading":"Other provisions about investigations and questioning","content":"## Other provisions about investigations and questioning","sortOrder":829},{"sectionNumber":"sec.412","sectionType":"section","heading":"When person detained may be taken to a place other than a police establishment or police station","content":"### sec.412 When person detained may be taken to a place other than a police establishment or police station\n\nA police officer may take a person to whom this part applies to a place other than a police establishment or police station if the police officer considers it is reasonably necessary to facilitate the purpose of the detention.\nA person who has been arrested and is being questioned about an indictable offence may be taken—\nto the scene of the offence to identify it or re-enact the offence; or\nto a doctor for medical treatment or examination.\ns 412 (prev s 206) renum 2000 No. 22 s 13\namd 2006 No. 26 s 3 sch 1\n- (a) to the scene of the offence to identify it or re-enact the offence; or\n- (b) to a doctor for medical treatment or examination.","sortOrder":830},{"sectionNumber":"sec.413","sectionType":"section","heading":"Persons helping in covert investigations not under arrest","content":"### sec.413 Persons helping in covert investigations not under arrest\n\nThis section applies to covert investigations conducted by a police officer into whether a person other than a person who is in custody following an arrest has been involved in the commission of an offence or suspected offence.\nFor this part, if the person in custody following an arrest agrees voluntarily to take part in the covert investigation, the person stops being under arrest for the offence.\nThe agreement must, if reasonably practicable, be electronically recorded.\nHowever, the person may refuse to consent to the electronic recording of the agreement.\nIf the agreement is not electronically recorded, a police officer must make a written record of the circumstances of the agreement.\nSubsection (2) does not prevent the person from being rearrested for the offence.\ns 413 (prev s 207) renum 2000 No. 22 s 13\n(sec.413-ssec.1) This section applies to covert investigations conducted by a police officer into whether a person other than a person who is in custody following an arrest has been involved in the commission of an offence or suspected offence.\n(sec.413-ssec.2) For this part, if the person in custody following an arrest agrees voluntarily to take part in the covert investigation, the person stops being under arrest for the offence.\n(sec.413-ssec.3) The agreement must, if reasonably practicable, be electronically recorded.\n(sec.413-ssec.4) However, the person may refuse to consent to the electronic recording of the agreement.\n(sec.413-ssec.5) If the agreement is not electronically recorded, a police officer must make a written record of the circumstances of the agreement.\n(sec.413-ssec.6) Subsection (2) does not prevent the person from being rearrested for the offence.","sortOrder":831},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"Safeguards ensuring rights of and fairness to persons questioned for indictable offences","content":"# Safeguards ensuring rights of and fairness to persons questioned for indictable offences","sortOrder":832},{"sectionNumber":"ch.15-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":833},{"sectionNumber":"sec.414","sectionType":"section","heading":"Part applies only to indictable offences","content":"### sec.414 Part applies only to indictable offences\n\nThis part applies only to indictable offences.\ns 414 (prev s 208) renum 2000 No. 22 s 13","sortOrder":834},{"sectionNumber":"sec.415","sectionType":"section","heading":"When does this part apply to a person","content":"### sec.415 When does this part apply to a person\n\nThis part applies to a person ( relevant person ) if the person is in the company of a police officer for the purpose of being questioned as a suspect about the person’s involvement in the commission of an indictable offence.\nHowever, this part does not apply to a person only if the police officer is exercising any of the following powers—\npower conferred under any Act or law to detain the person for a search;\npower conferred under any Act to require the person to give information or answer questions.\nAlso, nothing in this part prevents a police officer exercising a power under chapter 18A , including under the Road Use Management Act , section 80 , as it applies under the chapter.\nChapter 18A applies the Road Use Management Act , section 80 for breath, saliva, blood and urine testing of persons suspected of committing particular assault offences.\ns 415 (prev s 209) renum 2000 No. 22 s 13\namd 2014 No. 42 s 115 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.415-ssec.1) This part applies to a person ( relevant person ) if the person is in the company of a police officer for the purpose of being questioned as a suspect about the person’s involvement in the commission of an indictable offence.\n(sec.415-ssec.2) However, this part does not apply to a person only if the police officer is exercising any of the following powers— power conferred under any Act or law to detain the person for a search; power conferred under any Act to require the person to give information or answer questions.\n(sec.415-ssec.3) Also, nothing in this part prevents a police officer exercising a power under chapter 18A , including under the Road Use Management Act , section 80 , as it applies under the chapter. Chapter 18A applies the Road Use Management Act , section 80 for breath, saliva, blood and urine testing of persons suspected of committing particular assault offences.\n- (a) power conferred under any Act or law to detain the person for a search;\n- (b) power conferred under any Act to require the person to give information or answer questions.","sortOrder":835},{"sectionNumber":"sec.416","sectionType":"section","heading":"Questioning generally","content":"### sec.416 Questioning generally\n\nA police officer who is questioning a relevant person must not obtain a confession by threat or promise.\nSee also the Criminal Law Amendment Act 1894 , section 10 (Confessions).\ns 416 (prev s 210) renum 2000 No. 22 s 13","sortOrder":836},{"sectionNumber":"sec.417","sectionType":"section","heading":"Questioning of person after proceeding started","content":"### sec.417 Questioning of person after proceeding started\n\nNothing in this part prevents a relevant person from helping a police officer by making a statement or answering questions relating to the matter for which the person is charged after a proceeding for the offence has been started.\nAlso, a police officer may question the person to clarify any ambiguity in relation to what was previously said by the person.\nIf new evidence of the offence becomes available, a police officer may tell the person of the evidence and invite the person to make a statement.\nIf a relevant person has been charged with the offence of rape, and a scientific comparison such as a DNA analysis connects the person with the offence, the police officer may tell the person of the result and invite the person to make a statement.\ns 417 (prev s 211) renum 2000 No. 22 s 13\n(sec.417-ssec.1) Nothing in this part prevents a relevant person from helping a police officer by making a statement or answering questions relating to the matter for which the person is charged after a proceeding for the offence has been started.\n(sec.417-ssec.2) Also, a police officer may question the person to clarify any ambiguity in relation to what was previously said by the person.\n(sec.417-ssec.3) If new evidence of the offence becomes available, a police officer may tell the person of the evidence and invite the person to make a statement. If a relevant person has been charged with the offence of rape, and a scientific comparison such as a DNA analysis connects the person with the offence, the police officer may tell the person of the result and invite the person to make a statement.","sortOrder":837},{"sectionNumber":"ch.15-pt.3-div.2","sectionType":"division","heading":"Other persons may be present during questioning","content":"## Other persons may be present during questioning","sortOrder":838},{"sectionNumber":"sec.418","sectionType":"section","heading":"Right to communicate with friend, relative or lawyer","content":"### sec.418 Right to communicate with friend, relative or lawyer\n\nBefore a police officer starts to question a relevant person for an indictable offence, the police officer must inform the person that the person may—\ntelephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present during questioning; and\ntelephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning.\nThe police officer must delay the questioning for a reasonable time to allow the person to telephone or speak to a person mentioned in subsection (1) .\nIf the person arranges for someone to be present, the police officer must delay the questioning for a reasonable time to allow the other person to arrive.\nWhat is a reasonable time to delay questioning to allow a friend, relative or lawyer to arrive at the place of questioning will depend on the particular circumstances, including, for example—\nhow far the person has to travel to the place; and\nwhen the person indicated the person would arrive at the place.\nWhat is a reasonable time to delay questioning to allow the relevant person to speak to a friend, relative or lawyer will depend on the particular circumstances, including, for example, the number and complexity of the matters under investigation.\nUnless special circumstances exist, a delay of more than 2 hours may be unreasonable.\ns 418 (prev s 212) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.418-ssec.1) Before a police officer starts to question a relevant person for an indictable offence, the police officer must inform the person that the person may— telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present during questioning; and telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning.\n(sec.418-ssec.2) The police officer must delay the questioning for a reasonable time to allow the person to telephone or speak to a person mentioned in subsection (1) .\n(sec.418-ssec.3) If the person arranges for someone to be present, the police officer must delay the questioning for a reasonable time to allow the other person to arrive.\n(sec.418-ssec.4) What is a reasonable time to delay questioning to allow a friend, relative or lawyer to arrive at the place of questioning will depend on the particular circumstances, including, for example— how far the person has to travel to the place; and when the person indicated the person would arrive at the place.\n(sec.418-ssec.5) What is a reasonable time to delay questioning to allow the relevant person to speak to a friend, relative or lawyer will depend on the particular circumstances, including, for example, the number and complexity of the matters under investigation.\n(sec.418-ssec.6) Unless special circumstances exist, a delay of more than 2 hours may be unreasonable.\n- (a) telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present during questioning; and\n- (b) telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning.\n- (a) how far the person has to travel to the place; and\n- (b) when the person indicated the person would arrive at the place.","sortOrder":839},{"sectionNumber":"sec.419","sectionType":"section","heading":"Speaking to and presence of friend, relative or lawyer","content":"### sec.419 Speaking to and presence of friend, relative or lawyer\n\nIf the relevant person asks to speak to a friend, relative or lawyer, the investigating police officer must—\nas soon as practicable, provide reasonable facilities to enable the person to speak to the other person; and\nif the other person is a lawyer and it is reasonably practicable—allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.\nIf the relevant person arranges for another person to be present during questioning, the investigating police officer must also allow the other person to be present and give advice to the relevant person during the questioning.\nIf the police officer considers the other person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during questioning.\nThis section does not apply to a person who is an Aboriginal person, Torres Strait Islander person or a child.\nFor Aboriginal peoples and Torres Strait Islander peoples, see section 420 and for children, see section 421 .\ns 419 (prev s 213) renum 2000 No. 22 s 13\namd 2021 No. 24 s 57 sch 1\n(sec.419-ssec.1) If the relevant person asks to speak to a friend, relative or lawyer, the investigating police officer must— as soon as practicable, provide reasonable facilities to enable the person to speak to the other person; and if the other person is a lawyer and it is reasonably practicable—allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.\n(sec.419-ssec.2) If the relevant person arranges for another person to be present during questioning, the investigating police officer must also allow the other person to be present and give advice to the relevant person during the questioning.\n(sec.419-ssec.3) If the police officer considers the other person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during questioning.\n(sec.419-ssec.4) This section does not apply to a person who is an Aboriginal person, Torres Strait Islander person or a child. For Aboriginal peoples and Torres Strait Islander peoples, see section 420 and for children, see section 421 .\n- (a) as soon as practicable, provide reasonable facilities to enable the person to speak to the other person; and\n- (b) if the other person is a lawyer and it is reasonably practicable—allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.","sortOrder":840},{"sectionNumber":"ch.15-pt.3-div.3","sectionType":"division","heading":"Special requirements for questioning particular persons","content":"## Special requirements for questioning particular persons","sortOrder":841},{"sectionNumber":"sec.420","sectionType":"section","heading":"Questioning of Aboriginal peoples and Torres Strait Islander peoples","content":"### sec.420 Questioning of Aboriginal peoples and Torres Strait Islander peoples\n\nThis section applies if—\na police officer wants to question a relevant person; and\nthe police officer reasonably suspects the person is an adult Aboriginal person or Torres Strait Islander person.\nUnless the police officer is aware that the person has arranged for a lawyer to be present during questioning, the police officer must—\ninform the person that a representative of a legal aid organisation will be notified that the person is in custody for the offence; and\nas soon as reasonably practicable, notify or attempt to notify a representative of the organisation.\nSubsection (2) does not apply if, having regard to the person’s level of education and understanding, a police officer reasonably suspects the person is not at a disadvantage in comparison with members of the Australian community generally.\nThe police officer must not question the person unless—\nbefore questioning starts, the police officer has, if practicable, allowed the person to speak to the support person, if practicable, in circumstances in which the conversation will not be overheard; and\na support person is present while the person is being questioned.\nSubsection (4) does not apply if the person has, by a written or electronically recorded waiver, expressly and voluntarily waived the person’s right to have a support person present.\nIf the police officer considers the support person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during questioning.\ns 420 (prev s 214) renum 2000 No. 22 s 13\namd 2021 No. 24 s 57 sch 1 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.420-ssec.1) This section applies if— a police officer wants to question a relevant person; and the police officer reasonably suspects the person is an adult Aboriginal person or Torres Strait Islander person.\n(sec.420-ssec.2) Unless the police officer is aware that the person has arranged for a lawyer to be present during questioning, the police officer must— inform the person that a representative of a legal aid organisation will be notified that the person is in custody for the offence; and as soon as reasonably practicable, notify or attempt to notify a representative of the organisation.\n(sec.420-ssec.3) Subsection (2) does not apply if, having regard to the person’s level of education and understanding, a police officer reasonably suspects the person is not at a disadvantage in comparison with members of the Australian community generally.\n(sec.420-ssec.4) The police officer must not question the person unless— before questioning starts, the police officer has, if practicable, allowed the person to speak to the support person, if practicable, in circumstances in which the conversation will not be overheard; and a support person is present while the person is being questioned.\n(sec.420-ssec.5) Subsection (4) does not apply if the person has, by a written or electronically recorded waiver, expressly and voluntarily waived the person’s right to have a support person present.\n(sec.420-ssec.6) If the police officer considers the support person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during questioning.\n- (a) a police officer wants to question a relevant person; and\n- (b) the police officer reasonably suspects the person is an adult Aboriginal person or Torres Strait Islander person.\n- (a) inform the person that a representative of a legal aid organisation will be notified that the person is in custody for the offence; and\n- (b) as soon as reasonably practicable, notify or attempt to notify a representative of the organisation.\n- (a) before questioning starts, the police officer has, if practicable, allowed the person to speak to the support person, if practicable, in circumstances in which the conversation will not be overheard; and\n- (b) a support person is present while the person is being questioned.","sortOrder":842},{"sectionNumber":"sec.421","sectionType":"section","heading":"Questioning of children","content":"### sec.421 Questioning of children\n\nThis section applies if—\na police officer wants to question a relevant person; and\nthe police officer reasonably suspects the person is a child.\nUnless the police officer is aware the child has arranged for a lawyer to be present during questioning, or has spoken, under subsection (3) (a) , to a lawyer acting for the child, the police officer must—\ninform the child that a representative of a legal aid organisation will be notified that the child is in custody for the offence; and\nas soon as reasonably practicable and before questioning starts, notify or attempt to notify a representative of the legal aid organisation that the child is in custody for the offence.\nThe officer must not question the child unless—\nbefore questioning starts, the police officer has, if practicable, allowed the child to speak to a support person chosen by the child in circumstances in which the conversation will not be overheard; and\na support person is present while the child is being questioned.\nHowever, the child may not choose as a support person a person against whom the offence is alleged to have been committed.\nIf the police officer considers the support person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during the questioning.\ns 421 (prev s 215) renum 2000 No. 22 s 13\namd 2002 No. 39 s 179 ; 2019 No. 23 s 43\n(sec.421-ssec.1) This section applies if— a police officer wants to question a relevant person; and the police officer reasonably suspects the person is a child.\n(sec.421-ssec.2) Unless the police officer is aware the child has arranged for a lawyer to be present during questioning, or has spoken, under subsection (3) (a) , to a lawyer acting for the child, the police officer must— inform the child that a representative of a legal aid organisation will be notified that the child is in custody for the offence; and as soon as reasonably practicable and before questioning starts, notify or attempt to notify a representative of the legal aid organisation that the child is in custody for the offence.\n(sec.421-ssec.3) The officer must not question the child unless— before questioning starts, the police officer has, if practicable, allowed the child to speak to a support person chosen by the child in circumstances in which the conversation will not be overheard; and a support person is present while the child is being questioned.\n(sec.421-ssec.4) However, the child may not choose as a support person a person against whom the offence is alleged to have been committed.\n(sec.421-ssec.5) If the police officer considers the support person is unreasonably interfering with the questioning, the police officer may exclude the person from being present during the questioning.\n- (a) a police officer wants to question a relevant person; and\n- (b) the police officer reasonably suspects the person is a child.\n- (a) inform the child that a representative of a legal aid organisation will be notified that the child is in custody for the offence; and\n- (b) as soon as reasonably practicable and before questioning starts, notify or attempt to notify a representative of the legal aid organisation that the child is in custody for the offence.\n- (a) before questioning starts, the police officer has, if practicable, allowed the child to speak to a support person chosen by the child in circumstances in which the conversation will not be overheard; and\n- (b) a support person is present while the child is being questioned.","sortOrder":843},{"sectionNumber":"sec.422","sectionType":"section","heading":"Questioning of persons with impaired capacity","content":"### sec.422 Questioning of persons with impaired capacity\n\nThis section applies if—\na police officer wants to question a relevant person; and\nthe police officer reasonably suspects the person is a person with impaired capacity.\nA police officer must not question the person unless—\nbefore questioning starts, the police officer has, if practicable, allowed the person to speak to a support person in circumstances in which the conversation will not be overheard; and\na support person is present while the person is being questioned.\nAlso, the police officer must suspend questioning and comply with subsection (2) if, during questioning, it becomes apparent that the person being questioned is a person with impaired capacity.\ns 422 (prev s 216) renum 2000 No. 22 s 13\n(sec.422-ssec.1) This section applies if— a police officer wants to question a relevant person; and the police officer reasonably suspects the person is a person with impaired capacity.\n(sec.422-ssec.2) A police officer must not question the person unless— before questioning starts, the police officer has, if practicable, allowed the person to speak to a support person in circumstances in which the conversation will not be overheard; and a support person is present while the person is being questioned.\n(sec.422-ssec.3) Also, the police officer must suspend questioning and comply with subsection (2) if, during questioning, it becomes apparent that the person being questioned is a person with impaired capacity.\n- (a) a police officer wants to question a relevant person; and\n- (b) the police officer reasonably suspects the person is a person with impaired capacity.\n- (a) before questioning starts, the police officer has, if practicable, allowed the person to speak to a support person in circumstances in which the conversation will not be overheard; and\n- (b) a support person is present while the person is being questioned.","sortOrder":844},{"sectionNumber":"sec.423","sectionType":"section","heading":"Questioning of intoxicated persons","content":"### sec.423 Questioning of intoxicated persons\n\nThis section applies if a police officer wants to question or to continue to question a relevant person who is apparently under the influence of liquor or a drug.\nThe police officer must delay the questioning until the police officer is reasonably satisfied the influence of the liquor or drug no longer affects the person’s ability to understand the person’s rights and to decide whether or not to answer questions.\ns 423 (prev s 217) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.423-ssec.1) This section applies if a police officer wants to question or to continue to question a relevant person who is apparently under the influence of liquor or a drug.\n(sec.423-ssec.2) The police officer must delay the questioning until the police officer is reasonably satisfied the influence of the liquor or drug no longer affects the person’s ability to understand the person’s rights and to decide whether or not to answer questions.","sortOrder":845},{"sectionNumber":"ch.15-pt.3-div.4","sectionType":"division","heading":"Excluding persons unreasonably interfering with questioning","content":"## Excluding persons unreasonably interfering with questioning","sortOrder":846},{"sectionNumber":"sec.424","sectionType":"section","heading":"What is unreasonable interference for divs 2 – 3","content":"### sec.424 What is unreasonable interference for divs 2 – 3\n\nThe following may be unreasonable interference for divisions 2 and 3 —\nconduct that prevents or unreasonably obstructs—\nproper questions being put to a relevant person; or\nthe person’s response to a question being recorded;\nanswering questions on behalf of the relevant person;\nproviding written replies during the questioning for the relevant person to quote.\nHowever, it is not unreasonable interference to reasonably do any of the following—\nto seek clarification of a question;\nto challenge an improper question put to the relevant person;\nto challenge the way in which a question is put;\nfor a lawyer—\nto advise the relevant person not to answer any question or any further question; or\nto say the lawyer wishes to give the relevant person further legal advice.\ns 424 (prev s 218) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.424-ssec.1) The following may be unreasonable interference for divisions 2 and 3 — conduct that prevents or unreasonably obstructs— proper questions being put to a relevant person; or the person’s response to a question being recorded; answering questions on behalf of the relevant person; providing written replies during the questioning for the relevant person to quote.\n(sec.424-ssec.2) However, it is not unreasonable interference to reasonably do any of the following— to seek clarification of a question; to challenge an improper question put to the relevant person; to challenge the way in which a question is put; for a lawyer— to advise the relevant person not to answer any question or any further question; or to say the lawyer wishes to give the relevant person further legal advice.\n- (a) conduct that prevents or unreasonably obstructs— (i) proper questions being put to a relevant person; or (ii) the person’s response to a question being recorded;\n- (i) proper questions being put to a relevant person; or\n- (ii) the person’s response to a question being recorded;\n- (b) answering questions on behalf of the relevant person;\n- (c) providing written replies during the questioning for the relevant person to quote.\n- (i) proper questions being put to a relevant person; or\n- (ii) the person’s response to a question being recorded;\n- (a) to seek clarification of a question;\n- (b) to challenge an improper question put to the relevant person;\n- (c) to challenge the way in which a question is put;\n- (d) for a lawyer— (i) to advise the relevant person not to answer any question or any further question; or (ii) to say the lawyer wishes to give the relevant person further legal advice.\n- (i) to advise the relevant person not to answer any question or any further question; or\n- (ii) to say the lawyer wishes to give the relevant person further legal advice.\n- (i) to advise the relevant person not to answer any question or any further question; or\n- (ii) to say the lawyer wishes to give the relevant person further legal advice.","sortOrder":847},{"sectionNumber":"sec.425","sectionType":"section","heading":"Requirements before excluding persons unreasonably interfering with questioning","content":"### sec.425 Requirements before excluding persons unreasonably interfering with questioning\n\nThis section applies if a police officer considers a friend, relative, lawyer, support person present during the questioning of a relevant person is unreasonably interfering with the questioning.\nBefore excluding the person from being present during questioning, the police officer must—\nwarn the person not to interfere with the questioning; and\ngive the person 1 further opportunity to stop unreasonably interfering with the questioning; and\ntell the person that the person may be excluded from being present during the questioning if the person continues to interfere unreasonably with the questioning.\ns 425 (prev s 219) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.425-ssec.1) This section applies if a police officer considers a friend, relative, lawyer, support person present during the questioning of a relevant person is unreasonably interfering with the questioning.\n(sec.425-ssec.2) Before excluding the person from being present during questioning, the police officer must— warn the person not to interfere with the questioning; and give the person 1 further opportunity to stop unreasonably interfering with the questioning; and tell the person that the person may be excluded from being present during the questioning if the person continues to interfere unreasonably with the questioning.\n- (a) warn the person not to interfere with the questioning; and\n- (b) give the person 1 further opportunity to stop unreasonably interfering with the questioning; and\n- (c) tell the person that the person may be excluded from being present during the questioning if the person continues to interfere unreasonably with the questioning.","sortOrder":848},{"sectionNumber":"sec.426","sectionType":"section","heading":"If police officer excludes person from questioning","content":"### sec.426 If police officer excludes person from questioning\n\nIf a police officer excludes a person from being present during questioning, the police officer must—\nif the excluded person was a friend, relative or lawyer—advise the relevant person that the person may telephone or speak to another friend, relative or lawyer, to ask the person to be present during the questioning; and\nif the relevant person arranges for another person to be present—delay the questioning for a reasonable time to allow the other person to be present during the questioning.\nAlso, the police officer must arrange for someone else to be present during the questioning if—\nthe police officer must not question the relevant person without a support person being present because of a requirement under this Act; and\nthe relevant person has not arranged for another person to be present during the questioning.\ns 426 (prev s 220) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.426-ssec.1) If a police officer excludes a person from being present during questioning, the police officer must— if the excluded person was a friend, relative or lawyer—advise the relevant person that the person may telephone or speak to another friend, relative or lawyer, to ask the person to be present during the questioning; and if the relevant person arranges for another person to be present—delay the questioning for a reasonable time to allow the other person to be present during the questioning.\n(sec.426-ssec.2) Also, the police officer must arrange for someone else to be present during the questioning if— the police officer must not question the relevant person without a support person being present because of a requirement under this Act; and the relevant person has not arranged for another person to be present during the questioning.\n- (a) if the excluded person was a friend, relative or lawyer—advise the relevant person that the person may telephone or speak to another friend, relative or lawyer, to ask the person to be present during the questioning; and\n- (b) if the relevant person arranges for another person to be present—delay the questioning for a reasonable time to allow the other person to be present during the questioning.\n- (a) the police officer must not question the relevant person without a support person being present because of a requirement under this Act; and\n- (b) the relevant person has not arranged for another person to be present during the questioning.","sortOrder":849},{"sectionNumber":"ch.15-pt.3-div.5","sectionType":"division","heading":"Exclusion of support persons in particular circumstances","content":"## Exclusion of support persons in particular circumstances","sortOrder":850},{"sectionNumber":"sec.427","sectionType":"section","heading":"Application of div 5","content":"### sec.427 Application of div 5\n\nThis division applies if a police officer reasonably considers—\na support person present during questioning of a relevant person is unable to properly perform the role of a support person; and\nin the particular circumstances, it would be in the interests of the relevant person to exclude the person and arrange for another support person to be present during questioning.\nThis division is in addition to, and does not limit, division 4 .\ns 427 ins 2005 No. 17 s 13\n(sec.427-ssec.1) This division applies if a police officer reasonably considers— a support person present during questioning of a relevant person is unable to properly perform the role of a support person; and in the particular circumstances, it would be in the interests of the relevant person to exclude the person and arrange for another support person to be present during questioning.\n(sec.427-ssec.2) This division is in addition to, and does not limit, division 4 .\n- (a) a support person present during questioning of a relevant person is unable to properly perform the role of a support person; and\n- (b) in the particular circumstances, it would be in the interests of the relevant person to exclude the person and arrange for another support person to be present during questioning.","sortOrder":851},{"sectionNumber":"sec.428","sectionType":"section","heading":"When is a person unable to properly perform the role of a support person","content":"### sec.428 When is a person unable to properly perform the role of a support person\n\nThis section states circumstances in which a person may be unable to properly perform the role of a support person for a relevant person.\nHowever, this section does not limit the circumstances in which a person may be unable to properly perform the role of a support person.\nThe circumstances are as follows—\nthe person’s ability to perform the role is substantially impaired by the effect of something the person has ingested, for example, alcohol, a drug or a potentially harmful thing, to the extent that the person is unable to act in the best interests of the relevant person;\nthe person is a person with an impaired capacity and the person’s impairment prevents the person from acting in the best interests of the relevant person;\nthe person is, or appears to a police officer to be, unwilling to perform the role of a support person because of illness, injury, pain, tiredness or a similar cause;\nthe person has an affiliation, association or other relationship with a police officer questioning the relevant person;\nthe person has a relationship of authority with the relevant person that may prevent the person from acting in the best interests of the relevant person;\na teacher who recently excluded the relevant person from a school\nthe person is a victim of the offence for which the relevant person is being questioned or a friend of the victim;\nthe person witnessed the commission of the offence for which the relevant person is being questioned.\nIn this section—\ningest includes—\nadminister; and\ninhale; and\nsmoke.\ns 428 ins 2005 No. 17 s 13\n(sec.428-ssec.1) This section states circumstances in which a person may be unable to properly perform the role of a support person for a relevant person.\n(sec.428-ssec.2) However, this section does not limit the circumstances in which a person may be unable to properly perform the role of a support person.\n(sec.428-ssec.3) The circumstances are as follows— the person’s ability to perform the role is substantially impaired by the effect of something the person has ingested, for example, alcohol, a drug or a potentially harmful thing, to the extent that the person is unable to act in the best interests of the relevant person; the person is a person with an impaired capacity and the person’s impairment prevents the person from acting in the best interests of the relevant person; the person is, or appears to a police officer to be, unwilling to perform the role of a support person because of illness, injury, pain, tiredness or a similar cause; the person has an affiliation, association or other relationship with a police officer questioning the relevant person; the person has a relationship of authority with the relevant person that may prevent the person from acting in the best interests of the relevant person; a teacher who recently excluded the relevant person from a school the person is a victim of the offence for which the relevant person is being questioned or a friend of the victim; the person witnessed the commission of the offence for which the relevant person is being questioned.\n(sec.428-ssec.4) In this section— ingest includes— administer; and inhale; and smoke.\n- (a) the person’s ability to perform the role is substantially impaired by the effect of something the person has ingested, for example, alcohol, a drug or a potentially harmful thing, to the extent that the person is unable to act in the best interests of the relevant person;\n- (b) the person is a person with an impaired capacity and the person’s impairment prevents the person from acting in the best interests of the relevant person;\n- (c) the person is, or appears to a police officer to be, unwilling to perform the role of a support person because of illness, injury, pain, tiredness or a similar cause;\n- (d) the person has an affiliation, association or other relationship with a police officer questioning the relevant person;\n- (e) the person has a relationship of authority with the relevant person that may prevent the person from acting in the best interests of the relevant person; Example for paragraph (e) — a teacher who recently excluded the relevant person from a school\n- (f) the person is a victim of the offence for which the relevant person is being questioned or a friend of the victim;\n- (g) the person witnessed the commission of the offence for which the relevant person is being questioned.\n- (a) administer; and\n- (b) inhale; and\n- (c) smoke.","sortOrder":852},{"sectionNumber":"sec.429","sectionType":"section","heading":"Police officer may exclude support person from questioning","content":"### sec.429 Police officer may exclude support person from questioning\n\nThis section applies if a police officer considers a support person present during questioning is unable to properly perform the role of support person.\nThe police officer must exclude the support person from being present during questioning.\nThe police officer must explain to the support person the reasons for the person’s exclusion.\nThe explanation must be written or electronically recorded.\ns 429 ins 2005 No. 17 s 13\n(sec.429-ssec.1) This section applies if a police officer considers a support person present during questioning is unable to properly perform the role of support person.\n(sec.429-ssec.2) The police officer must exclude the support person from being present during questioning.\n(sec.429-ssec.3) The police officer must explain to the support person the reasons for the person’s exclusion.\n(sec.429-ssec.4) The explanation must be written or electronically recorded.","sortOrder":853},{"sectionNumber":"sec.430","sectionType":"section","heading":"If police officer excludes support person from questioning of relevant person","content":"### sec.430 If police officer excludes support person from questioning of relevant person\n\nIf a police officer excludes the support person from being present during questioning, the police officer must advise the relevant person—\nif the relevant person was not present when the support person was excluded from questioning—that the support person has been excluded from questioning and the reasons for the person’s exclusion; and\nif the relevant person is a person in relation to whom section 420 , 421 or 422 applies, questioning is delayed for a reasonable time to allow another person to be present as a support person during questioning; and\nif the relevant person is a child—that the child may choose another person to be present as a support person during the questioning.\ns 430 ins 2005 No. 17 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n- (a) if the relevant person was not present when the support person was excluded from questioning—that the support person has been excluded from questioning and the reasons for the person’s exclusion; and\n- (b) if the relevant person is a person in relation to whom section 420 , 421 or 422 applies, questioning is delayed for a reasonable time to allow another person to be present as a support person during questioning; and\n- (c) if the relevant person is a child—that the child may choose another person to be present as a support person during the questioning.","sortOrder":854},{"sectionNumber":"ch.15-pt.3-div.6","sectionType":"division","heading":"Cautioning and rights of persons","content":"## Cautioning and rights of persons","sortOrder":855},{"sectionNumber":"sec.431","sectionType":"section","heading":"Cautioning of persons","content":"### sec.431 Cautioning of persons\n\nA police officer must, before a relevant person is questioned, caution the person in the way required under the responsibilities code.\nThe caution must be given in, or translated into, a language in which the person is able to communicate with reasonable fluency, but need not be given in writing unless the person can not hear adequately.\nIf the police officer reasonably suspects the person does not understand the caution, the officer may ask the person to explain the meaning of the caution in the person’s own words.\nIf necessary, the police officer must further explain the caution.\nThis section does not apply if another Act requires the person to answer questions put by, or do things required by, the police officer.\ns 431 (prev s 221) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.431-ssec.1) A police officer must, before a relevant person is questioned, caution the person in the way required under the responsibilities code.\n(sec.431-ssec.2) The caution must be given in, or translated into, a language in which the person is able to communicate with reasonable fluency, but need not be given in writing unless the person can not hear adequately.\n(sec.431-ssec.3) If the police officer reasonably suspects the person does not understand the caution, the officer may ask the person to explain the meaning of the caution in the person’s own words.\n(sec.431-ssec.4) If necessary, the police officer must further explain the caution.\n(sec.431-ssec.5) This section does not apply if another Act requires the person to answer questions put by, or do things required by, the police officer.","sortOrder":856},{"sectionNumber":"sec.432","sectionType":"section","heading":"Provision of information relating to a relevant person","content":"### sec.432 Provision of information relating to a relevant person\n\nThis section applies if a relative, friend or lawyer of a relevant person asks for information about the person’s whereabouts.\nA police officer must, if practicable, inform the relevant person of the request and, after doing so, give the information to the person who asked for it.\nThe police officer is not required to disclose the person’s whereabouts if—\nthe relevant person refuses to agree to giving the information and the refusal is in writing or electronically recorded; or\nthe whereabouts of the relevant person—\nare not in a register that the police officer may inspect; and\nare otherwise not actually known to the police officer.\nAlso, the police officer is not required to inform the relevant person of the request if the police officer reasonably suspects the person asking for the information is not a relative, friend or lawyer of the relevant person.\ns 432 (prev s 222) renum 2000 No. 22 s 13\n(sec.432-ssec.1) This section applies if a relative, friend or lawyer of a relevant person asks for information about the person’s whereabouts.\n(sec.432-ssec.2) A police officer must, if practicable, inform the relevant person of the request and, after doing so, give the information to the person who asked for it.\n(sec.432-ssec.3) The police officer is not required to disclose the person’s whereabouts if— the relevant person refuses to agree to giving the information and the refusal is in writing or electronically recorded; or the whereabouts of the relevant person— are not in a register that the police officer may inspect; and are otherwise not actually known to the police officer.\n(sec.432-ssec.4) Also, the police officer is not required to inform the relevant person of the request if the police officer reasonably suspects the person asking for the information is not a relative, friend or lawyer of the relevant person.\n- (a) the relevant person refuses to agree to giving the information and the refusal is in writing or electronically recorded; or\n- (b) the whereabouts of the relevant person— (i) are not in a register that the police officer may inspect; and (ii) are otherwise not actually known to the police officer.\n- (i) are not in a register that the police officer may inspect; and\n- (ii) are otherwise not actually known to the police officer.\n- (i) are not in a register that the police officer may inspect; and\n- (ii) are otherwise not actually known to the police officer.","sortOrder":857},{"sectionNumber":"sec.433","sectionType":"section","heading":"Right to interpreter","content":"### sec.433 Right to interpreter\n\nThis section applies if a police officer reasonably suspects a relevant person is unable, because of inadequate knowledge of the English language or a physical disability, to speak with reasonable fluency in English.\nBefore starting to question the person, the police officer must arrange for the presence of an interpreter and delay the questioning or investigation until the interpreter is present.\nIn this section—\ninvestigation means the process of using investigative methodologies, other than fingerprinting, searching or taking photos of the person, that involve interaction by a police officer with the person, for example, an examination or the taking of samples from the person.\ns 433 (prev s 223) renum 2000 No. 22 s 13\n(sec.433-ssec.1) This section applies if a police officer reasonably suspects a relevant person is unable, because of inadequate knowledge of the English language or a physical disability, to speak with reasonable fluency in English.\n(sec.433-ssec.2) Before starting to question the person, the police officer must arrange for the presence of an interpreter and delay the questioning or investigation until the interpreter is present.\n(sec.433-ssec.3) In this section— investigation means the process of using investigative methodologies, other than fingerprinting, searching or taking photos of the person, that involve interaction by a police officer with the person, for example, an examination or the taking of samples from the person.","sortOrder":858},{"sectionNumber":"sec.434","sectionType":"section","heading":"Right of visiting foreign national to communicate with embassy etc.","content":"### sec.434 Right of visiting foreign national to communicate with embassy etc.\n\nThis section applies to a relevant person who is not—\nan Australian citizen; or\na foreign national with a right of residence in Australia.\nBefore a police officer starts to question the person, the police officer must inform the person that the person may telephone, or attempt to telephone, the embassy or consular office of the country of which the person is a citizen.\nIf the person wishes to telephone the appropriate embassy or consular office, the police officer must—\nas soon as practicable, make available to the person reasonable facilities for the purpose; and\ndelay the questioning for a reasonable time to allow the person to telephone, or attempt to telephone, the appropriate embassy or consular office.\ns 434 (prev s 224) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.434-ssec.1) This section applies to a relevant person who is not— an Australian citizen; or a foreign national with a right of residence in Australia.\n(sec.434-ssec.2) Before a police officer starts to question the person, the police officer must inform the person that the person may telephone, or attempt to telephone, the embassy or consular office of the country of which the person is a citizen.\n(sec.434-ssec.3) If the person wishes to telephone the appropriate embassy or consular office, the police officer must— as soon as practicable, make available to the person reasonable facilities for the purpose; and delay the questioning for a reasonable time to allow the person to telephone, or attempt to telephone, the appropriate embassy or consular office.\n- (a) an Australian citizen; or\n- (b) a foreign national with a right of residence in Australia.\n- (a) as soon as practicable, make available to the person reasonable facilities for the purpose; and\n- (b) delay the questioning for a reasonable time to allow the person to telephone, or attempt to telephone, the appropriate embassy or consular office.","sortOrder":859},{"sectionNumber":"sec.435","sectionType":"section","heading":"Rights of a person to be electronically recorded","content":"### sec.435 Rights of a person to be electronically recorded\n\nA police officer who is required under this division to give to a relevant person information (including a caution) must, if practicable, electronically record the giving of the information to the person and the person’s response.\ns 435 (prev s 225) renum 2000 No. 22 s 13","sortOrder":860},{"sectionNumber":"ch.15-pt.3-div.7","sectionType":"division","heading":"Recording of questioning","content":"## Recording of questioning","sortOrder":861},{"sectionNumber":"sec.436","sectionType":"section","heading":"Recording of questioning etc.","content":"### sec.436 Recording of questioning etc.\n\nThis section applies to the questioning of a relevant person.\nThe questioning must, if practicable, be electronically recorded.\nIt may be impracticable to electronically record a confession or admission of a murderer who telephones police about the murder and immediately confesses to it when a police officer arrives at the scene of the murder.\nIt may be impracticable to electronically record a confession or admission of someone who has committed an armed hold-up, is apprehended after pursuit, and makes a confession or admission immediately after being apprehended.\nElectronically recording a confession or admission may be impracticable because the confession or admission is made to a police officer when it is not reasonably practicable to use recording facilities.\nIf the person makes a confession or admission to a police officer during the questioning, the confession or admission is admissible in evidence against the person in a proceeding only if it is recorded as required by subsection (4) or section 437 .\nIf the confession or admission is electronically recorded, the confession or admission must be part of a recording of the questioning of the person and anything said by the person during questioning of the person.\ns 436 (prev s 226) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\n(sec.436-ssec.1) This section applies to the questioning of a relevant person.\n(sec.436-ssec.2) The questioning must, if practicable, be electronically recorded. It may be impracticable to electronically record a confession or admission of a murderer who telephones police about the murder and immediately confesses to it when a police officer arrives at the scene of the murder. It may be impracticable to electronically record a confession or admission of someone who has committed an armed hold-up, is apprehended after pursuit, and makes a confession or admission immediately after being apprehended. Electronically recording a confession or admission may be impracticable because the confession or admission is made to a police officer when it is not reasonably practicable to use recording facilities.\n(sec.436-ssec.3) If the person makes a confession or admission to a police officer during the questioning, the confession or admission is admissible in evidence against the person in a proceeding only if it is recorded as required by subsection (4) or section 437 .\n(sec.436-ssec.4) If the confession or admission is electronically recorded, the confession or admission must be part of a recording of the questioning of the person and anything said by the person during questioning of the person.\n- 1 It may be impracticable to electronically record a confession or admission of a murderer who telephones police about the murder and immediately confesses to it when a police officer arrives at the scene of the murder.\n- 2 It may be impracticable to electronically record a confession or admission of someone who has committed an armed hold-up, is apprehended after pursuit, and makes a confession or admission immediately after being apprehended.\n- 3 Electronically recording a confession or admission may be impracticable because the confession or admission is made to a police officer when it is not reasonably practicable to use recording facilities.","sortOrder":862},{"sectionNumber":"sec.437","sectionType":"section","heading":"Requirements for written record of confession or admission","content":"### sec.437 Requirements for written record of confession or admission\n\nThis section applies if a record of a confession or admission is written.\nThe way the written record of the confession or admission is made must comply with subsections (3) to (7) .\nWhile questioning the relevant person, or as soon as reasonably practicable afterwards, a police officer must make a written record in English of the things said by or to the person during questioning, whether or not through an interpreter.\nAs soon as practicable after making the record—\nit must be read to the person in English and, if the person used another language during questioning, the language the person used; and\nthe person must be given a copy of the record.\nBefore reading the record to the person, an explanation, complying with the responsibilities code, must be given to the person of the procedure to be followed to comply with this section.\nThe person must be given the opportunity, during and after the reading, to draw attention to any error in or omission from the record the person claims were made in the written record.\nAn electronic recording must be made of the reading mentioned in subsection (4) and everything said by or to the person during the reading, and anything else done to comply with this section.\ns 437 (prev s 227) renum 2000 No. 22 s 13\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.437-ssec.1) This section applies if a record of a confession or admission is written.\n(sec.437-ssec.2) The way the written record of the confession or admission is made must comply with subsections (3) to (7) .\n(sec.437-ssec.3) While questioning the relevant person, or as soon as reasonably practicable afterwards, a police officer must make a written record in English of the things said by or to the person during questioning, whether or not through an interpreter.\n(sec.437-ssec.4) As soon as practicable after making the record— it must be read to the person in English and, if the person used another language during questioning, the language the person used; and the person must be given a copy of the record.\n(sec.437-ssec.5) Before reading the record to the person, an explanation, complying with the responsibilities code, must be given to the person of the procedure to be followed to comply with this section.\n(sec.437-ssec.6) The person must be given the opportunity, during and after the reading, to draw attention to any error in or omission from the record the person claims were made in the written record.\n(sec.437-ssec.7) An electronic recording must be made of the reading mentioned in subsection (4) and everything said by or to the person during the reading, and anything else done to comply with this section.\n- (a) it must be read to the person in English and, if the person used another language during questioning, the language the person used; and\n- (b) the person must be given a copy of the record.","sortOrder":863},{"sectionNumber":"sec.438","sectionType":"section","heading":"Access to electronic recordings of questioning etc.","content":"### sec.438 Access to electronic recordings of questioning etc.\n\nThis section applies to the electronic record of the questioning, confession or admission, or confirmation of a confession or admission, of a relevant person that is made under section 436 or 437 (7) .\nA police officer must, without charge—\nif the recording is—\nan audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or\na video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or\nif both audio and video recordings were made—\nmake a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and\nnotify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or\nif a transcript of an audio recording is made—on request, give to the person or the person’s lawyer a copy of the transcript.\nSubsection (2) applies subject to any other Act.\ns 438 (prev s 228) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\n(sec.438-ssec.1) This section applies to the electronic record of the questioning, confession or admission, or confirmation of a confession or admission, of a relevant person that is made under section 436 or 437 (7) .\n(sec.438-ssec.2) A police officer must, without charge— if the recording is— an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or if both audio and video recordings were made— make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or if a transcript of an audio recording is made—on request, give to the person or the person’s lawyer a copy of the transcript.\n(sec.438-ssec.3) Subsection (2) applies subject to any other Act.\n- (a) if the recording is— (i) an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or (ii) a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or\n- (i) an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or\n- (ii) a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or\n- (b) if both audio and video recordings were made— (i) make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and (ii) notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or\n- (i) make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and\n- (ii) notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or\n- (c) if a transcript of an audio recording is made—on request, give to the person or the person’s lawyer a copy of the transcript.\n- (i) an audio recording only—make a copy of the recording available to the person or the person’s lawyer within 7 days after making the recording; or\n- (ii) a video recording only—make a copy of the recording available to the person or the person’s lawyer within 14 days after making the recording; or\n- (i) make a copy of the audio recording available to the person or the person’s lawyer within 7 days after making the recording; and\n- (ii) notify the person or the person’s lawyer that, if the person asks, an opportunity will be provided to view the video recording; or","sortOrder":864},{"sectionNumber":"sec.439","sectionType":"section","heading":"Admissibility of records of questioning etc.","content":"### sec.439 Admissibility of records of questioning etc.\n\nDespite sections 436 and 437 , the court may admit a record of questioning or a record of a confession or admission (the record ) in evidence even though the court considers this division has not been complied with or there is not enough evidence of compliance.\nHowever, the court may admit the record only if, having regard to the nature of and the reasons for the noncompliance and any other relevant matters, the court is satisfied, in the special circumstances of the case, admission of the evidence would be in the interests of justice.\ns 439 (prev s 229) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\n(sec.439-ssec.1) Despite sections 436 and 437 , the court may admit a record of questioning or a record of a confession or admission (the record ) in evidence even though the court considers this division has not been complied with or there is not enough evidence of compliance.\n(sec.439-ssec.2) However, the court may admit the record only if, having regard to the nature of and the reasons for the noncompliance and any other relevant matters, the court is satisfied, in the special circumstances of the case, admission of the evidence would be in the interests of justice.","sortOrder":865},{"sectionNumber":"ch.15-pt.3-div.8","sectionType":"division","heading":"General","content":"## General","sortOrder":866},{"sectionNumber":"sec.440","sectionType":"section","heading":"List of support persons and interpreters","content":"### sec.440 List of support persons and interpreters\n\nThe commissioner must keep a list of support persons and interpreters or, if an organisation provides interpreter services at a particular place, organisations providing interpreter services at the place.\nThe commissioner must revise the list at the times the commissioner considers appropriate.\nThe list must specify the languages that each person on the list is able to understand and speak.\ns 440 (prev s 230) renum 2000 No. 22 s 13\n(sec.440-ssec.1) The commissioner must keep a list of support persons and interpreters or, if an organisation provides interpreter services at a particular place, organisations providing interpreter services at the place.\n(sec.440-ssec.2) The commissioner must revise the list at the times the commissioner considers appropriate.\n(sec.440-ssec.3) The list must specify the languages that each person on the list is able to understand and speak.","sortOrder":867},{"sectionNumber":"sec.441","sectionType":"section","heading":"When sections 418 – 422 , 432 and 434 do not apply","content":"### sec.441 When sections 418 – 422 , 432 and 434 do not apply\n\nSections 418 to 422 , 432 and 434 do not apply if a police officer reasonably suspects that compliance with the sections is likely to result in—\nan accomplice or accessory of the relevant person taking steps to avoid apprehension; or\nan accomplice or accessory being present during questioning; or\nevidence being concealed, fabricated or destroyed; or\na witness being intimidated.\nAlso, a police officer is not required to delay questioning if, having regard to the safety of other people, the police officer reasonably suspects questioning is so urgent that it should not be delayed.\nThis section applies only for so long as the police officer has the reasonable suspicion.\ns 441 (prev s 231) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 13\n(sec.441-ssec.1) Sections 418 to 422 , 432 and 434 do not apply if a police officer reasonably suspects that compliance with the sections is likely to result in— an accomplice or accessory of the relevant person taking steps to avoid apprehension; or an accomplice or accessory being present during questioning; or evidence being concealed, fabricated or destroyed; or a witness being intimidated.\n(sec.441-ssec.2) Also, a police officer is not required to delay questioning if, having regard to the safety of other people, the police officer reasonably suspects questioning is so urgent that it should not be delayed.\n(sec.441-ssec.3) This section applies only for so long as the police officer has the reasonable suspicion.\n- (a) an accomplice or accessory of the relevant person taking steps to avoid apprehension; or\n- (b) an accomplice or accessory being present during questioning; or\n- (c) evidence being concealed, fabricated or destroyed; or\n- (d) a witness being intimidated.","sortOrder":868},{"sectionNumber":"ch.17-pt.1","sectionType":"part","heading":"Qualified persons and authorising forensic procedures","content":"# Qualified persons and authorising forensic procedures","sortOrder":869},{"sectionNumber":"sec.445","sectionType":"section","heading":"Who are qualified persons","content":"### sec.445 Who are qualified persons\n\nThis section states who are qualified persons to perform forensic procedures.\nA doctor, dentist or forensic nurse examiner is a qualified person to perform an intimate forensic procedure and a non-intimate forensic procedure.\nA DNA sampler is a qualified person for taking a DNA sample.\nAn authorised examiner is a qualified person to perform a non-intimate forensic procedure that is a non-medical examination.\nA police officer is a qualified person for taking identifying particulars.\nWithout limiting subsections (2) to (5) , a person who is specifically authorised under this chapter to perform a procedure that is a forensic procedure is a qualified person to perform the forensic procedure.\nIf a qualified person may take a person’s identifying particulars under this chapter, the qualified person may also photograph the person’s identifying particulars.\ns 445 (prev s 235) amd 2000 No. 22 s 16 (1)\nrenum 2000 No. 22 s 16 (2)\nsub 2003 No. 49 s 10\namd 2014 No. 1 s 16\n(sec.445-ssec.1) This section states who are qualified persons to perform forensic procedures.\n(sec.445-ssec.2) A doctor, dentist or forensic nurse examiner is a qualified person to perform an intimate forensic procedure and a non-intimate forensic procedure.\n(sec.445-ssec.3) A DNA sampler is a qualified person for taking a DNA sample.\n(sec.445-ssec.4) An authorised examiner is a qualified person to perform a non-intimate forensic procedure that is a non-medical examination.\n(sec.445-ssec.5) A police officer is a qualified person for taking identifying particulars.\n(sec.445-ssec.6) Without limiting subsections (2) to (5) , a person who is specifically authorised under this chapter to perform a procedure that is a forensic procedure is a qualified person to perform the forensic procedure.\n(sec.445-ssec.7) If a qualified person may take a person’s identifying particulars under this chapter, the qualified person may also photograph the person’s identifying particulars.","sortOrder":870},{"sectionNumber":"sec.446","sectionType":"section","heading":"Limitation on forensic procedures that dentist may perform","content":"### sec.446 Limitation on forensic procedures that dentist may perform\n\nDespite section 445 (2) , a dentist may perform a forensic procedure only to the extent necessary to—\nexamine a person’s mouth; or\ntake a sample of a person’s saliva; or\ntake a dental impression of a person’s mouth; or\nexamine a bite mark on a person.\ns 446 (prev s 236) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n- (a) examine a person’s mouth; or\n- (b) take a sample of a person’s saliva; or\n- (c) take a dental impression of a person’s mouth; or\n- (d) examine a bite mark on a person.","sortOrder":871},{"sectionNumber":"sec.447","sectionType":"section","heading":"When forensic procedures are authorised","content":"### sec.447 When forensic procedures are authorised\n\nA forensic procedure may be performed on a person under this chapter if—\neither of the following gives consent ( forensic procedure consent ) to the procedure being performed—\nthe person on whom it is proposed to perform the forensic procedure;\nsomeone else authorised under part 2 to give consent for the person if the person is a child under 14 years or a person with impaired capacity; or\nthe procedure is performed under a forensic procedure order; or\nthis chapter otherwise authorises a qualified person to perform the procedure.\nA person on whom it is proposed to perform a forensic procedure may in this chapter be referred to as a relevant person .\ns 447 (prev s 237) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.447-ssec.1) A forensic procedure may be performed on a person under this chapter if— either of the following gives consent ( forensic procedure consent ) to the procedure being performed— the person on whom it is proposed to perform the forensic procedure; someone else authorised under part 2 to give consent for the person if the person is a child under 14 years or a person with impaired capacity; or the procedure is performed under a forensic procedure order; or this chapter otherwise authorises a qualified person to perform the procedure.\n(sec.447-ssec.2) A person on whom it is proposed to perform a forensic procedure may in this chapter be referred to as a relevant person .\n- (a) either of the following gives consent ( forensic procedure consent ) to the procedure being performed— (i) the person on whom it is proposed to perform the forensic procedure; (ii) someone else authorised under part 2 to give consent for the person if the person is a child under 14 years or a person with impaired capacity; or\n- (i) the person on whom it is proposed to perform the forensic procedure;\n- (ii) someone else authorised under part 2 to give consent for the person if the person is a child under 14 years or a person with impaired capacity; or\n- (b) the procedure is performed under a forensic procedure order; or\n- (c) this chapter otherwise authorises a qualified person to perform the procedure.\n- (i) the person on whom it is proposed to perform the forensic procedure;\n- (ii) someone else authorised under part 2 to give consent for the person if the person is a child under 14 years or a person with impaired capacity; or","sortOrder":872},{"sectionNumber":"ch.17-pt.2","sectionType":"part","heading":"Obtaining consent for forensic procedure","content":"# Obtaining consent for forensic procedure","sortOrder":873},{"sectionNumber":"sec.448","sectionType":"section","heading":"What pt 2 provides","content":"### sec.448 What pt 2 provides\n\nThis part states general rules—\nfor obtaining a forensic procedure consent from a person suspected of committing an offence; or\nfor obtaining a forensic procedure consent, that relates only to the taking of a DNA sample, from a person for any of the following purposes—\nto help decide whether or not the person may be a suspect in relation to an offence;\nMembers of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene.\nto help locate a missing person;\nA relative of a missing person may be asked to provide a DNA sample to help locate the missing person.\nto help identify a deceased person or the remains of a deceased person.\nA person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.\nSee section 454 for the explanation that must be given to a person asked to give a forensic procedure consent.\nHowever, nothing in this part requires a police officer or other person to obtain consent under this part to perform a forensic procedure under this chapter that the person is not specifically required to have consent for.\nAlso, nothing in this part requires a police officer to obtain a forensic procedure consent to perform a non-intimate forensic procedure on a person if the procedure does not involve the touching of the person by anyone other than the person or the taking of a DNA sample.\nSubject to subsection (1) (b) , this part must not be construed as requiring a police officer to act under this part to obtain the consent of a person to the performance of a forensic procedure on the person if the person is not suspected of having committed an offence.\ns 448 sub 2003 No. 49 s 10\n(sec.448-ssec.1) This part states general rules— for obtaining a forensic procedure consent from a person suspected of committing an offence; or for obtaining a forensic procedure consent, that relates only to the taking of a DNA sample, from a person for any of the following purposes— to help decide whether or not the person may be a suspect in relation to an offence; Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene. to help locate a missing person; A relative of a missing person may be asked to provide a DNA sample to help locate the missing person. to help identify a deceased person or the remains of a deceased person. A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person. See section 454 for the explanation that must be given to a person asked to give a forensic procedure consent.\n(sec.448-ssec.2) However, nothing in this part requires a police officer or other person to obtain consent under this part to perform a forensic procedure under this chapter that the person is not specifically required to have consent for.\n(sec.448-ssec.3) Also, nothing in this part requires a police officer to obtain a forensic procedure consent to perform a non-intimate forensic procedure on a person if the procedure does not involve the touching of the person by anyone other than the person or the taking of a DNA sample.\n(sec.448-ssec.4) Subject to subsection (1) (b) , this part must not be construed as requiring a police officer to act under this part to obtain the consent of a person to the performance of a forensic procedure on the person if the person is not suspected of having committed an offence.\n- (a) for obtaining a forensic procedure consent from a person suspected of committing an offence; or\n- (b) for obtaining a forensic procedure consent, that relates only to the taking of a DNA sample, from a person for any of the following purposes— (i) to help decide whether or not the person may be a suspect in relation to an offence; Example— Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene. (ii) to help locate a missing person; Example— A relative of a missing person may be asked to provide a DNA sample to help locate the missing person. (iii) to help identify a deceased person or the remains of a deceased person. Example— A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.\n- (i) to help decide whether or not the person may be a suspect in relation to an offence; Example— Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene.\n- (ii) to help locate a missing person; Example— A relative of a missing person may be asked to provide a DNA sample to help locate the missing person.\n- (iii) to help identify a deceased person or the remains of a deceased person. Example— A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.\n- (i) to help decide whether or not the person may be a suspect in relation to an offence; Example— Members of the community may be asked to provide DNA samples for DNA analysis for comparison with the results of analysis of a DNA sample seized at a crime scene.\n- (ii) to help locate a missing person; Example— A relative of a missing person may be asked to provide a DNA sample to help locate the missing person.\n- (iii) to help identify a deceased person or the remains of a deceased person. Example— A person may be asked to provide a DNA sample to help decide whether a deceased person is a relative of the person.","sortOrder":874},{"sectionNumber":"sec.449","sectionType":"section","heading":"General rules about asking for consent","content":"### sec.449 General rules about asking for consent\n\nA police officer may ask a relevant person, or another person who may act for the relevant person, to give a forensic procedure consent only if the police officer is satisfied the person’s ability to give the consent is not affected by alcohol or a drug.\nA police officer must not ask a relevant person, or another person who may act for the relevant person, to give a forensic procedure consent for an intimate forensic procedure unless the police officer suspects the relevant person may have committed an indictable offence.\nThis section applies whether or not the relevant person has been proceeded against for an offence for which the results of performing the forensic procedure may be relevant.\ns 449 (prev s 239) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.449-ssec.1) A police officer may ask a relevant person, or another person who may act for the relevant person, to give a forensic procedure consent only if the police officer is satisfied the person’s ability to give the consent is not affected by alcohol or a drug.\n(sec.449-ssec.2) A police officer must not ask a relevant person, or another person who may act for the relevant person, to give a forensic procedure consent for an intimate forensic procedure unless the police officer suspects the relevant person may have committed an indictable offence.\n(sec.449-ssec.3) This section applies whether or not the relevant person has been proceeded against for an offence for which the results of performing the forensic procedure may be relevant.","sortOrder":875},{"sectionNumber":"sec.450","sectionType":"section","heading":"Special requirement for child of at least 14","content":"### sec.450 Special requirement for child of at least 14\n\nThis section applies if a police officer reasonably suspects the relevant person is a child who is at least 14 years.\nThe police officer may ask the child to give a forensic procedure consent.\nThe police officer must ensure a support person is present when the explanation mentioned in section 454 is given and when any consent is given.\nTo assist the child to consider the explanation and decide whether or not to consent, the police officer must ensure the child is given a reasonable opportunity to speak to the support person in circumstances in which the conversation can not be overheard, if it is reasonably practicable to do so.\nSubsection (6) applies if the child gives a forensic procedure consent relating to the performance of a non-intimate forensic procedure.\nBefore the procedure is performed a police officer must ask the child whether the child wants a support person to be present while the procedure is being performed and, if the child wants a support person to be present, must ensure a support person is present while the procedure is being performed.\ns 450 (prev s 240) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.450-ssec.1) This section applies if a police officer reasonably suspects the relevant person is a child who is at least 14 years.\n(sec.450-ssec.2) The police officer may ask the child to give a forensic procedure consent.\n(sec.450-ssec.3) The police officer must ensure a support person is present when the explanation mentioned in section 454 is given and when any consent is given.\n(sec.450-ssec.4) To assist the child to consider the explanation and decide whether or not to consent, the police officer must ensure the child is given a reasonable opportunity to speak to the support person in circumstances in which the conversation can not be overheard, if it is reasonably practicable to do so.\n(sec.450-ssec.5) Subsection (6) applies if the child gives a forensic procedure consent relating to the performance of a non-intimate forensic procedure.\n(sec.450-ssec.6) Before the procedure is performed a police officer must ask the child whether the child wants a support person to be present while the procedure is being performed and, if the child wants a support person to be present, must ensure a support person is present while the procedure is being performed.","sortOrder":876},{"sectionNumber":"sec.451","sectionType":"section","heading":"Special requirement for child under 14","content":"### sec.451 Special requirement for child under 14\n\nThis section applies if a police officer reasonably suspects the relevant person is a child who is under 14 years.\nThe police officer may ask a parent of the child to give a forensic procedure consent for the child.\nIf the parent gives a forensic procedure consent for the child authorising the taking of a sample for DNA analysis, the sample taken must be a DNA sample and not a sample of the child’s blood.\nSubsection (5) applies if the parent gives a forensic procedure consent for the child relating to the performance of a non-intimate forensic procedure.\nBefore the procedure is performed a police officer must ask the child whether the child wants a support person to be present while the procedure is being performed and, if the child wants a support person to be present, must ensure a support person is present while the procedure is being performed.\ns 451 (prev s 241) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.451-ssec.1) This section applies if a police officer reasonably suspects the relevant person is a child who is under 14 years.\n(sec.451-ssec.2) The police officer may ask a parent of the child to give a forensic procedure consent for the child.\n(sec.451-ssec.3) If the parent gives a forensic procedure consent for the child authorising the taking of a sample for DNA analysis, the sample taken must be a DNA sample and not a sample of the child’s blood.\n(sec.451-ssec.4) Subsection (5) applies if the parent gives a forensic procedure consent for the child relating to the performance of a non-intimate forensic procedure.\n(sec.451-ssec.5) Before the procedure is performed a police officer must ask the child whether the child wants a support person to be present while the procedure is being performed and, if the child wants a support person to be present, must ensure a support person is present while the procedure is being performed.","sortOrder":877},{"sectionNumber":"sec.452","sectionType":"section","heading":"Special requirement for person with impaired capacity","content":"### sec.452 Special requirement for person with impaired capacity\n\nThis section applies if a police officer reasonably suspects the relevant person is a person with impaired capacity.\nThe police officer may ask the person to give a forensic procedure consent.\nHowever, the police officer must ensure a support person is present when the explanation mentioned in section 454 is given and when any consent is given.\nAlso, to assist the person to consider the explanation and decide whether or not to consent, the police officer must ensure the person is given a reasonable opportunity to speak to the support person in circumstances in which the conversation can not be overheard, if it is reasonably practicable to do so.\nIf the person does not have the capacity to give a forensic procedure consent, the police officer may ask a parent of the person to give the consent for the person.\nSubsection (7) applies if the parent gives a forensic procedure consent for the person relating to the performance of a non-intimate forensic procedure.\nBefore the procedure is performed a police officer must ask the person whether the person wants a support person to be present while the procedure is being performed and, if the person wants a support person to be present, must ensure a support person is present while the procedure is being performed.\ns 452 (prev s 242) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.452-ssec.1) This section applies if a police officer reasonably suspects the relevant person is a person with impaired capacity.\n(sec.452-ssec.2) The police officer may ask the person to give a forensic procedure consent.\n(sec.452-ssec.3) However, the police officer must ensure a support person is present when the explanation mentioned in section 454 is given and when any consent is given.\n(sec.452-ssec.4) Also, to assist the person to consider the explanation and decide whether or not to consent, the police officer must ensure the person is given a reasonable opportunity to speak to the support person in circumstances in which the conversation can not be overheard, if it is reasonably practicable to do so.\n(sec.452-ssec.5) If the person does not have the capacity to give a forensic procedure consent, the police officer may ask a parent of the person to give the consent for the person.\n(sec.452-ssec.6) Subsection (7) applies if the parent gives a forensic procedure consent for the person relating to the performance of a non-intimate forensic procedure.\n(sec.452-ssec.7) Before the procedure is performed a police officer must ask the person whether the person wants a support person to be present while the procedure is being performed and, if the person wants a support person to be present, must ensure a support person is present while the procedure is being performed.","sortOrder":878},{"sectionNumber":"sec.453","sectionType":"section","heading":"Consent must be informed consent","content":"### sec.453 Consent must be informed consent\n\nA police officer must ensure a person asked to give a forensic procedure consent is given the explanation required under section 454 and a reasonable time to consider the explanation.\nIf, under section 451 (2) or 452 (5) a parent is asked to give a forensic procedure consent for a child or a person with impaired capacity and the child or person is not present when the explanation required under section 454 is given to the parent, a police officer—\nmust, to the extent that is reasonably practicable in the circumstances, give the child or person an explanation of the matters mentioned in section 454 (1) (a) to (i) ; and\nmust tell the child or person that the child or person may object to the performance of the forensic procedure.\ns 453 (prev s 243) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.453-ssec.1) A police officer must ensure a person asked to give a forensic procedure consent is given the explanation required under section 454 and a reasonable time to consider the explanation.\n(sec.453-ssec.2) If, under section 451 (2) or 452 (5) a parent is asked to give a forensic procedure consent for a child or a person with impaired capacity and the child or person is not present when the explanation required under section 454 is given to the parent, a police officer— must, to the extent that is reasonably practicable in the circumstances, give the child or person an explanation of the matters mentioned in section 454 (1) (a) to (i) ; and must tell the child or person that the child or person may object to the performance of the forensic procedure.\n- (a) must, to the extent that is reasonably practicable in the circumstances, give the child or person an explanation of the matters mentioned in section 454 (1) (a) to (i) ; and\n- (b) must tell the child or person that the child or person may object to the performance of the forensic procedure.","sortOrder":879},{"sectionNumber":"sec.454","sectionType":"section","heading":"General requirements for giving informed forensic procedure consent","content":"### sec.454 General requirements for giving informed forensic procedure consent\n\nTo enable a person to give an informed forensic procedure consent, a police officer must explain all the following to the person—\nwhy it is proposed to perform the forensic procedure on the person;\nwhether it is proposed to perform an intimate forensic procedure or a non-intimate forensic procedure or both;\nthe general nature of the forensic procedure;\nthe class of qualified person who may perform the forensic procedure;\nthat the person may refuse to give the consent;\nthat if the person gives the consent, the person may withdraw the consent before the forensic procedure is performed or while it is being performed;\nif a sample may be taken for DNA analysis and sections 451 (3) and 479 do not apply—\nthat the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and\nthat unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter;\nif a sample may be taken for DNA analysis and sections 451 (3) and 479 do apply—\nthat the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and\nthat a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ;\nthat the forensic procedure may provide evidence that may be used in a court proceeding.\nThe police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.\ns 454 (prev s 244) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.454-ssec.1) To enable a person to give an informed forensic procedure consent, a police officer must explain all the following to the person— why it is proposed to perform the forensic procedure on the person; whether it is proposed to perform an intimate forensic procedure or a non-intimate forensic procedure or both; the general nature of the forensic procedure; the class of qualified person who may perform the forensic procedure; that the person may refuse to give the consent; that if the person gives the consent, the person may withdraw the consent before the forensic procedure is performed or while it is being performed; if a sample may be taken for DNA analysis and sections 451 (3) and 479 do not apply— that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter; if a sample may be taken for DNA analysis and sections 451 (3) and 479 do apply— that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ; that the forensic procedure may provide evidence that may be used in a court proceeding.\n(sec.454-ssec.2) The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.\n- (a) why it is proposed to perform the forensic procedure on the person;\n- (b) whether it is proposed to perform an intimate forensic procedure or a non-intimate forensic procedure or both;\n- (c) the general nature of the forensic procedure;\n- (d) the class of qualified person who may perform the forensic procedure;\n- (e) that the person may refuse to give the consent;\n- (f) that if the person gives the consent, the person may withdraw the consent before the forensic procedure is performed or while it is being performed;\n- (g) if a sample may be taken for DNA analysis and sections 451 (3) and 479 do not apply— (i) that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and (ii) that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter;\n- (i) that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and\n- (ii) that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter;\n- (h) if a sample may be taken for DNA analysis and sections 451 (3) and 479 do apply— (i) that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and (ii) that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ;\n- (i) that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and\n- (ii) that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ;\n- (i) that the forensic procedure may provide evidence that may be used in a court proceeding.\n- (i) that the person may limit the purpose for which the results of the DNA analysis may be used to the purpose stated by the police officer under paragraph (a) ; and\n- (ii) that unless the person limits the purposes of the consent in that way, the results of the DNA analysis of the sample may be included in QDNA and used in a way permitted under this chapter;\n- (i) that the sample taken for DNA analysis must be a DNA sample and not a sample of blood; and\n- (ii) that a DNA analysis of the sample may be used only for the purpose stated by the police officer under paragraph (a) ;","sortOrder":880},{"sectionNumber":"sec.455","sectionType":"section","heading":"Recording consent","content":"### sec.455 Recording consent\n\nIf a police officer gives the explanation under section 454 orally, the giving of the explanation and any consent to perform the forensic procedure must, if reasonably practicable, be electronically recorded.\nUnless a forensic procedure consent is electronically recorded under subsection (1) , it must be written and signed by the person giving the consent.\nIf a child mentioned in section 450 (1) or a person with impaired capacity gives a written forensic procedure consent, it must also be signed by the support person present when the consent is given.\nA person giving a written forensic procedure consent may give the consent by signing an approved form for the consent.\ns 455 (prev s 245) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.455-ssec.1) If a police officer gives the explanation under section 454 orally, the giving of the explanation and any consent to perform the forensic procedure must, if reasonably practicable, be electronically recorded.\n(sec.455-ssec.2) Unless a forensic procedure consent is electronically recorded under subsection (1) , it must be written and signed by the person giving the consent.\n(sec.455-ssec.3) If a child mentioned in section 450 (1) or a person with impaired capacity gives a written forensic procedure consent, it must also be signed by the support person present when the consent is given.\n(sec.455-ssec.4) A person giving a written forensic procedure consent may give the consent by signing an approved form for the consent.","sortOrder":881},{"sectionNumber":"sec.456","sectionType":"section","heading":"Qualified person may perform forensic procedure","content":"### sec.456 Qualified person may perform forensic procedure\n\nA qualified person for performing a forensic procedure may perform the forensic procedure on a person under a forensic procedure consent.\ns 456 (prev s 246) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10","sortOrder":882},{"sectionNumber":"ch.17-pt.3","sectionType":"part","heading":"Forensic procedure orders","content":"# Forensic procedure orders","sortOrder":883},{"sectionNumber":"sec.457","sectionType":"section","heading":"Application of pt 3","content":"### sec.457 Application of pt 3\n\nThis part applies if a police officer is satisfied performing a forensic procedure on a person suspected of committing an indictable offence may provide evidence of the commission of the offence.\nIn some circumstances, procedures that are forensic procedures may be performed under part 4 , 5 or 6 .\nAlso, this part applies whether or not the relevant person is dead.\nA police officer may not apply for a forensic procedure order under this part in relation to a child if—\nthe only purpose of the application is to obtain authority to take a sample for DNA analysis; and\nit is practicable to make an application under section 488 ( other application ) for an order to take a DNA sample from the child; and\nit is likely that an order made under that section can be given immediate effect.\nA police officer may not apply for a forensic procedure order under this part in relation to a child if—\nthe only purpose of the application is to obtain authority to take an identifying particular within the meaning of the Youth Justice Act 1992 , section 25 ; and\nit is practicable to make an application under section 25 (also other application ) of that Act for an order to take the identifying particular from the child; and\nit is likely that an order made under that section can be given immediate effect.\nWithout limiting subsection (3) (b) or (4) (b) , it is taken not to be practicable to make the other application if the whereabouts of the child to whom it relates are not sufficiently known to the police officer to allow the officer to give notice of the other application to the child.\ns 457 (prev s 247) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\namd 2005 No. 17 s 14 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 27\n(sec.457-ssec.1) This part applies if a police officer is satisfied performing a forensic procedure on a person suspected of committing an indictable offence may provide evidence of the commission of the offence. In some circumstances, procedures that are forensic procedures may be performed under part 4 , 5 or 6 .\n(sec.457-ssec.2) Also, this part applies whether or not the relevant person is dead.\n(sec.457-ssec.3) A police officer may not apply for a forensic procedure order under this part in relation to a child if— the only purpose of the application is to obtain authority to take a sample for DNA analysis; and it is practicable to make an application under section 488 ( other application ) for an order to take a DNA sample from the child; and it is likely that an order made under that section can be given immediate effect.\n(sec.457-ssec.4) A police officer may not apply for a forensic procedure order under this part in relation to a child if— the only purpose of the application is to obtain authority to take an identifying particular within the meaning of the Youth Justice Act 1992 , section 25 ; and it is practicable to make an application under section 25 (also other application ) of that Act for an order to take the identifying particular from the child; and it is likely that an order made under that section can be given immediate effect.\n(sec.457-ssec.5) Without limiting subsection (3) (b) or (4) (b) , it is taken not to be practicable to make the other application if the whereabouts of the child to whom it relates are not sufficiently known to the police officer to allow the officer to give notice of the other application to the child.\n- (a) the only purpose of the application is to obtain authority to take a sample for DNA analysis; and\n- (b) it is practicable to make an application under section 488 ( other application ) for an order to take a DNA sample from the child; and\n- (c) it is likely that an order made under that section can be given immediate effect.\n- (a) the only purpose of the application is to obtain authority to take an identifying particular within the meaning of the Youth Justice Act 1992 , section 25 ; and\n- (b) it is practicable to make an application under section 25 (also other application ) of that Act for an order to take the identifying particular from the child; and\n- (c) it is likely that an order made under that section can be given immediate effect.","sortOrder":884},{"sectionNumber":"sec.458","sectionType":"section","heading":"Application for forensic procedure order","content":"### sec.458 Application for forensic procedure order\n\nA police officer may apply to a magistrate in the approved form for an order ( forensic procedure order ) authorising a qualified person to perform an intimate or non-intimate forensic procedure, or both an intimate and a non-intimate forensic procedure, on the person named in the application.\nIf the person is a child, the application must be made to a Childrens Court magistrate.\nThe application—\nmust be sworn and state the grounds on which it is made; and\nmay be made whether or not the person has previously consented to the forensic procedure being performed.\nThe magistrate may refuse to consider the application until the police officer gives the magistrate the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\ns 458 (prev s 248) renum 2000 No. 22 s 17\namd 2003 No. 19 s 3 sch\nsub 2003 No. 49 s 10\n(sec.458-ssec.1) A police officer may apply to a magistrate in the approved form for an order ( forensic procedure order ) authorising a qualified person to perform an intimate or non-intimate forensic procedure, or both an intimate and a non-intimate forensic procedure, on the person named in the application.\n(sec.458-ssec.2) If the person is a child, the application must be made to a Childrens Court magistrate.\n(sec.458-ssec.3) The application— must be sworn and state the grounds on which it is made; and may be made whether or not the person has previously consented to the forensic procedure being performed.\n(sec.458-ssec.4) The magistrate may refuse to consider the application until the police officer gives the magistrate the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n- (a) must be sworn and state the grounds on which it is made; and\n- (b) may be made whether or not the person has previously consented to the forensic procedure being performed.","sortOrder":885},{"sectionNumber":"sec.459","sectionType":"section","heading":"Notice of application must ordinarily be given","content":"### sec.459 Notice of application must ordinarily be given\n\nThe person to whom the application relates must be given notice in the approved form of the application at least 7 days before the day the application is to be heard.\nThe notice must state—\nthe grounds on which the application is made; and\nthe date when and the place where the application is to be heard; and\nthe person may appear at the hearing and be heard on the application; and\nthat if the person does not appear, the application may be decided in the absence of the person; and\nif the police officer making the application knows the person is in lawful custody in another State, the effect of subsections (5) and (6) and the address of the place where the written submissions mentioned in subsection (5) may be sent.\nIf the person appears at the time and place stated in the notice, the person is entitled to be heard on the application.\nIf the person does not appear at the time and place stated in the notice, the application may be decided in the absence of the person.\nIf the person is in lawful custody in another State, the magistrate may receive submissions about the application through the person’s lawyer, in writing from the person or by using technology allowing reasonably contemporaneous and continuous communication between the magistrate and the person.\nWritten submissions made under subsection (5) need not be considered by the magistrate unless they are received at the place where the application is to be heard before the date the application is heard.\nSubsection (1) does not apply if the person is dead.\nThis section is subject to section 460 .\ns 459 (prev s 249) renum 2000 No. 22 s 17\namd 2003 No. 19 s 3 sch\nsub 2003 No. 49 s 10\n(sec.459-ssec.1) The person to whom the application relates must be given notice in the approved form of the application at least 7 days before the day the application is to be heard.\n(sec.459-ssec.2) The notice must state— the grounds on which the application is made; and the date when and the place where the application is to be heard; and the person may appear at the hearing and be heard on the application; and that if the person does not appear, the application may be decided in the absence of the person; and if the police officer making the application knows the person is in lawful custody in another State, the effect of subsections (5) and (6) and the address of the place where the written submissions mentioned in subsection (5) may be sent.\n(sec.459-ssec.3) If the person appears at the time and place stated in the notice, the person is entitled to be heard on the application.\n(sec.459-ssec.4) If the person does not appear at the time and place stated in the notice, the application may be decided in the absence of the person.\n(sec.459-ssec.5) If the person is in lawful custody in another State, the magistrate may receive submissions about the application through the person’s lawyer, in writing from the person or by using technology allowing reasonably contemporaneous and continuous communication between the magistrate and the person.\n(sec.459-ssec.6) Written submissions made under subsection (5) need not be considered by the magistrate unless they are received at the place where the application is to be heard before the date the application is heard.\n(sec.459-ssec.7) Subsection (1) does not apply if the person is dead.\n(sec.459-ssec.8) This section is subject to section 460 .\n- (a) the grounds on which the application is made; and\n- (b) the date when and the place where the application is to be heard; and\n- (c) the person may appear at the hearing and be heard on the application; and\n- (d) that if the person does not appear, the application may be decided in the absence of the person; and\n- (e) if the police officer making the application knows the person is in lawful custody in another State, the effect of subsections (5) and (6) and the address of the place where the written submissions mentioned in subsection (5) may be sent.","sortOrder":886},{"sectionNumber":"sec.460","sectionType":"section","heading":"When notice of application need not be given etc.","content":"### sec.460 When notice of application need not be given etc.\n\nThis section applies if the magistrate is satisfied—\na police officer has made a reasonable attempt to locate the person to whom the application relates and was unable to locate the person; or\nthe person is likely to abscond if given notice of the application; or\nevidence that may be obtained by performing the forensic procedure to which the application relates on the person is likely to be lost or destroyed if the person is given notice of the application; or\ngiving notice of the application to the person may jeopardise the investigation of any indictable offence the person is suspected of having committed because—\nevidence relating to the offence may be concealed, fabricated or destroyed; or\na witness may be intimidated; or\nan accomplice or accessory of the person may take steps to avoid apprehension.\nThe person is not entitled to be given notice of the application under section 459 or to be heard on the application.\ns 460 (prev s 250) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.460-ssec.1) This section applies if the magistrate is satisfied— a police officer has made a reasonable attempt to locate the person to whom the application relates and was unable to locate the person; or the person is likely to abscond if given notice of the application; or evidence that may be obtained by performing the forensic procedure to which the application relates on the person is likely to be lost or destroyed if the person is given notice of the application; or giving notice of the application to the person may jeopardise the investigation of any indictable offence the person is suspected of having committed because— evidence relating to the offence may be concealed, fabricated or destroyed; or a witness may be intimidated; or an accomplice or accessory of the person may take steps to avoid apprehension.\n(sec.460-ssec.2) The person is not entitled to be given notice of the application under section 459 or to be heard on the application.\n- (a) a police officer has made a reasonable attempt to locate the person to whom the application relates and was unable to locate the person; or\n- (b) the person is likely to abscond if given notice of the application; or\n- (c) evidence that may be obtained by performing the forensic procedure to which the application relates on the person is likely to be lost or destroyed if the person is given notice of the application; or\n- (d) giving notice of the application to the person may jeopardise the investigation of any indictable offence the person is suspected of having committed because— (i) evidence relating to the offence may be concealed, fabricated or destroyed; or (ii) a witness may be intimidated; or (iii) an accomplice or accessory of the person may take steps to avoid apprehension.\n- (i) evidence relating to the offence may be concealed, fabricated or destroyed; or\n- (ii) a witness may be intimidated; or\n- (iii) an accomplice or accessory of the person may take steps to avoid apprehension.\n- (i) evidence relating to the offence may be concealed, fabricated or destroyed; or\n- (ii) a witness may be intimidated; or\n- (iii) an accomplice or accessory of the person may take steps to avoid apprehension.","sortOrder":887},{"sectionNumber":"sec.461","sectionType":"section","heading":"Making forensic procedure order","content":"### sec.461 Making forensic procedure order\n\nA magistrate may make a forensic procedure order in relation to a person only if satisfied on the balance of probabilities there are reasonable grounds for believing performing the forensic procedure concerned on the person may provide evidence of the commission of an indictable offence the person is suspected of having committed (a suspected offence ) and carrying out the forensic procedure is justified in the circumstances.\nIn deciding whether performing the forensic procedure on the person is justified in the circumstances, the magistrate must balance the rights and liberties of the person and the public interest.\nIn balancing those interests the magistrate may have regard to any of the following matters—\nthe seriousness of the circumstances surrounding the commission of the suspected offence and the gravity of that offence;\nthe degree of the person’s alleged participation in the commission of the suspected offence;\nthe age and physical and mental health of the person, to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise);\nif the person is a child or a person with impaired capacity—the welfare of the person;\nwhether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the person committed the suspected offence;\nif the person has been asked for and refused to give a forensic procedure consent in relation to the suspected offence—the reasons for the refusal to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise);\nif the person is in custody for the suspected offence—\nthe period for which the person has already been detained; and\nthe reason for any delay in applying for the forensic procedure order;\nany other matter the magistrate considers relevant to balancing those interests.\ns 461 (prev s 251) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.461-ssec.1) A magistrate may make a forensic procedure order in relation to a person only if satisfied on the balance of probabilities there are reasonable grounds for believing performing the forensic procedure concerned on the person may provide evidence of the commission of an indictable offence the person is suspected of having committed (a suspected offence ) and carrying out the forensic procedure is justified in the circumstances.\n(sec.461-ssec.2) In deciding whether performing the forensic procedure on the person is justified in the circumstances, the magistrate must balance the rights and liberties of the person and the public interest.\n(sec.461-ssec.3) In balancing those interests the magistrate may have regard to any of the following matters— the seriousness of the circumstances surrounding the commission of the suspected offence and the gravity of that offence; the degree of the person’s alleged participation in the commission of the suspected offence; the age and physical and mental health of the person, to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); if the person is a child or a person with impaired capacity—the welfare of the person; whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the person committed the suspected offence; if the person has been asked for and refused to give a forensic procedure consent in relation to the suspected offence—the reasons for the refusal to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise); if the person is in custody for the suspected offence— the period for which the person has already been detained; and the reason for any delay in applying for the forensic procedure order; any other matter the magistrate considers relevant to balancing those interests.\n- (a) the seriousness of the circumstances surrounding the commission of the suspected offence and the gravity of that offence;\n- (b) the degree of the person’s alleged participation in the commission of the suspected offence;\n- (c) the age and physical and mental health of the person, to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise);\n- (d) if the person is a child or a person with impaired capacity—the welfare of the person;\n- (e) whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the person committed the suspected offence;\n- (f) if the person has been asked for and refused to give a forensic procedure consent in relation to the suspected offence—the reasons for the refusal to the extent they are known to the magistrate or can be reasonably discovered by the magistrate (by asking the person or otherwise);\n- (g) if the person is in custody for the suspected offence— (i) the period for which the person has already been detained; and (ii) the reason for any delay in applying for the forensic procedure order;\n- (i) the period for which the person has already been detained; and\n- (ii) the reason for any delay in applying for the forensic procedure order;\n- (h) any other matter the magistrate considers relevant to balancing those interests.\n- (i) the period for which the person has already been detained; and\n- (ii) the reason for any delay in applying for the forensic procedure order;","sortOrder":888},{"sectionNumber":"sec.462","sectionType":"section","heading":"What forensic procedure order must state","content":"### sec.462 What forensic procedure order must state\n\nA forensic procedure order must state—\nthe relevant person’s name; and\nthat a forensic procedure may be performed on the person by a qualified person; and\nwhether a qualified person may perform—\nan intimate forensic procedure; or\na non-intimate forensic procedure; or\nboth an intimate and a non-intimate forensic procedure; and\nthat a police officer may exercise the powers in section 464 .\ns 462 prev s 462 (prev s 374) renum 2000 No. 22 s 26\nexp immediately before ch 13 pt 2 div 2 commenced (see prev s 465)\npres s 462 (prev s 252) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n- (a) the relevant person’s name; and\n- (b) that a forensic procedure may be performed on the person by a qualified person; and\n- (c) whether a qualified person may perform— (i) an intimate forensic procedure; or (ii) a non-intimate forensic procedure; or (iii) both an intimate and a non-intimate forensic procedure; and\n- (i) an intimate forensic procedure; or\n- (ii) a non-intimate forensic procedure; or\n- (iii) both an intimate and a non-intimate forensic procedure; and\n- (d) that a police officer may exercise the powers in section 464 .\n- (i) an intimate forensic procedure; or\n- (ii) a non-intimate forensic procedure; or\n- (iii) both an intimate and a non-intimate forensic procedure; and","sortOrder":889},{"sectionNumber":"sec.463","sectionType":"section","heading":"When forensic procedure order ends","content":"### sec.463 When forensic procedure order ends\n\nA forensic procedure order stops having effect when the forensic procedure authorised under the order is completed.\nHowever, if a doctor or forensic nurse examiner is performing an intimate forensic procedure under the order and the doctor or forensic nurse examiner decides to also perform a non-intimate procedure under section 509 (3) or 509A (3) , the order extends to the performance of the non-intimate procedure and stops having effect when both procedures are completed.\ns 463 prev s 463 (prev s 375) renum 2000 No. 22 s 26\nexp immediately before ch 13 pt 2 div 2 commenced (see prev s 465)\npres s 463 (prev s 253) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\namd 2014 No. 1 s 17\n(sec.463-ssec.1) A forensic procedure order stops having effect when the forensic procedure authorised under the order is completed.\n(sec.463-ssec.2) However, if a doctor or forensic nurse examiner is performing an intimate forensic procedure under the order and the doctor or forensic nurse examiner decides to also perform a non-intimate procedure under section 509 (3) or 509A (3) , the order extends to the performance of the non-intimate procedure and stops having effect when both procedures are completed.","sortOrder":890},{"sectionNumber":"sec.464","sectionType":"section","heading":"Powers for enforcing forensic procedure order","content":"### sec.464 Powers for enforcing forensic procedure order\n\nFor enforcing a forensic procedure order, a police officer has the following powers—\npower to detain the relevant person for a reasonable time and take the person to a place with appropriate facilities and persons for performing the relevant forensic procedure;\npower to direct the relevant person—\nto attend at a stated place on a stated day or between stated hours, within 7 days after the direction is given to the person to enable the relevant forensic procedure to be performed; and\nto stay at the place for the time reasonably necessary to enable the relevant procedure to be performed.\nSubsection (1) (a) applies whether or not the relevant person is given a direction under subsection (1) (b) .\ns 464 prev s 464 (prev s 376) renum 2000 No. 22 s 26\nexp immediately before ch 13 pt 2 div 2 commenced (see prev s 465)\npres s 464 (prev s 254) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.464-ssec.1) For enforcing a forensic procedure order, a police officer has the following powers— power to detain the relevant person for a reasonable time and take the person to a place with appropriate facilities and persons for performing the relevant forensic procedure; power to direct the relevant person— to attend at a stated place on a stated day or between stated hours, within 7 days after the direction is given to the person to enable the relevant forensic procedure to be performed; and to stay at the place for the time reasonably necessary to enable the relevant procedure to be performed.\n(sec.464-ssec.2) Subsection (1) (a) applies whether or not the relevant person is given a direction under subsection (1) (b) .\n- (a) power to detain the relevant person for a reasonable time and take the person to a place with appropriate facilities and persons for performing the relevant forensic procedure;\n- (b) power to direct the relevant person— (i) to attend at a stated place on a stated day or between stated hours, within 7 days after the direction is given to the person to enable the relevant forensic procedure to be performed; and (ii) to stay at the place for the time reasonably necessary to enable the relevant procedure to be performed.\n- (i) to attend at a stated place on a stated day or between stated hours, within 7 days after the direction is given to the person to enable the relevant forensic procedure to be performed; and\n- (ii) to stay at the place for the time reasonably necessary to enable the relevant procedure to be performed.\n- (i) to attend at a stated place on a stated day or between stated hours, within 7 days after the direction is given to the person to enable the relevant forensic procedure to be performed; and\n- (ii) to stay at the place for the time reasonably necessary to enable the relevant procedure to be performed.","sortOrder":891},{"sectionNumber":"sec.465","sectionType":"section","heading":"Order must be given before forensic procedure is performed","content":"### sec.465 Order must be given before forensic procedure is performed\n\nA police officer must give a copy of a forensic procedure order to a relevant person before a qualified person performs a forensic procedure on the person under the order.\nSubsection (1) does not apply if the person is unconscious or dead.\ns 465 prev s 465 (prev s 377) renum 2000 No. 22 s 26\nexp immediately before ch 13 pt 2 div 2 commenced (see prev s 465)\npres s 465 (prev s 255) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.465-ssec.1) A police officer must give a copy of a forensic procedure order to a relevant person before a qualified person performs a forensic procedure on the person under the order.\n(sec.465-ssec.2) Subsection (1) does not apply if the person is unconscious or dead.","sortOrder":892},{"sectionNumber":"sec.466","sectionType":"section","heading":"Qualified person may perform forensic procedure","content":"### sec.466 Qualified person may perform forensic procedure\n\nA qualified person for performing a forensic procedure may perform the forensic procedure on a person under a forensic procedure order.\ns 466 (prev s 256) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10","sortOrder":893},{"sectionNumber":"ch.17-pt.4","sectionType":"part","heading":"Identifying particulars","content":"# Identifying particulars","sortOrder":894},{"sectionNumber":"ch.17-pt.4-div.1","sectionType":"division","heading":"Particular provisions about taking identifying particulars","content":"## Particular provisions about taking identifying particulars","sortOrder":895},{"sectionNumber":"sec.467","sectionType":"section","heading":"Taking identifying particulars of person in custody","content":"### sec.467 Taking identifying particulars of person in custody\n\nIf a person is in custody for an identifying particulars offence the charge of which has not been decided, a police officer may take or photograph all or any of the person’s identifying particulars.\nIf the person is to be released after arrest for the offence, a police officer may detain the person for the time reasonably necessary to take or photograph all or any of the person’s identifying particulars.\nIf the offence involves the conduct of a number of persons acting alone or together, a police officer may photograph the person at the scene of the arrest before taking or photographing all or any of the person’s identifying particulars.\ns 467 prev s 467 (prev s 379) renum 2000 No. 22 s 26\nexp 8 July 2000 (see prev s 467(3))\npres s 467 (prev s 257) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\n(sec.467-ssec.1) If a person is in custody for an identifying particulars offence the charge of which has not been decided, a police officer may take or photograph all or any of the person’s identifying particulars.\n(sec.467-ssec.2) If the person is to be released after arrest for the offence, a police officer may detain the person for the time reasonably necessary to take or photograph all or any of the person’s identifying particulars.\n(sec.467-ssec.3) If the offence involves the conduct of a number of persons acting alone or together, a police officer may photograph the person at the scene of the arrest before taking or photographing all or any of the person’s identifying particulars.","sortOrder":896},{"sectionNumber":"sec.468","sectionType":"section","heading":"Taking identifying particulars—proceeding started by notice to appear or complaint and summons","content":"### sec.468 Taking identifying particulars—proceeding started by notice to appear or complaint and summons\n\nThis section applies if a police officer decides to start a proceeding against an adult for an identifying particulars offence by notice to appear or complaint and summons.\nWithin a reasonable time before, or immediately after, serving the notice to appear or complaint and summons, a police officer may detain the person for the time reasonably necessary to take or photograph all or any of the person’s identifying particulars and take or photograph those particulars.\ns 468 (prev s 258) renum 2000 No. 22 s 17\nsub 2003 No. 49 s 10\namd 2006 No. 26 s 3 sch 1\n(sec.468-ssec.1) This section applies if a police officer decides to start a proceeding against an adult for an identifying particulars offence by notice to appear or complaint and summons.\n(sec.468-ssec.2) Within a reasonable time before, or immediately after, serving the notice to appear or complaint and summons, a police officer may detain the person for the time reasonably necessary to take or photograph all or any of the person’s identifying particulars and take or photograph those particulars.","sortOrder":897},{"sectionNumber":"ch.17-pt.4-div.2","sectionType":"division","heading":"Taking identifying particulars under identifying particulars notice","content":"## Taking identifying particulars under identifying particulars notice","sortOrder":898},{"sectionNumber":"sec.469","sectionType":"section","heading":"Application of div 2","content":"### sec.469 Application of div 2\n\nThis division applies if a police officer decides to start, or continues, a proceeding against an adult for an identifying particulars offence by notice to appear or complaint and summons and decides it is not necessary to immediately take the identifying particulars.\ns 469 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\namd 2006 No. 26 s 3 sch 1","sortOrder":899},{"sectionNumber":"sec.470","sectionType":"section","heading":"Identifying particulars notice may be given","content":"### sec.470 Identifying particulars notice may be given\n\nA police officer may, by written notice ( identifying particulars notice ) given to the person, require the person—\nto report to a police officer at a stated police station or police establishment within 7 days after the issue of the notice to enable a police officer to take or photograph all or any of the person’s identifying particulars; and\nto stay at the police station or police establishment for the time reasonably necessary to enable the identifying particulars to be taken or photographed.\nThe identifying particulars notice—\nmay state the days and times within which the person must attend the police station or police establishment; and\nmust state—\nit is an offence to fail to comply with the notice; and\nthat, before the identifying particulars are taken, the person must produce satisfactory evidence of identity; and\nmust be given to the person with the notice to appear or complaint and summons; and\nmust be signed by the police officer giving the notice.\nIf the person attends at a police station or police establishment as required under the identifying particulars notice, a police officer may take or photograph all or any of the person’s identifying particulars.\ns 470 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.470-ssec.1) A police officer may, by written notice ( identifying particulars notice ) given to the person, require the person— to report to a police officer at a stated police station or police establishment within 7 days after the issue of the notice to enable a police officer to take or photograph all or any of the person’s identifying particulars; and to stay at the police station or police establishment for the time reasonably necessary to enable the identifying particulars to be taken or photographed.\n(sec.470-ssec.2) The identifying particulars notice— may state the days and times within which the person must attend the police station or police establishment; and must state— it is an offence to fail to comply with the notice; and that, before the identifying particulars are taken, the person must produce satisfactory evidence of identity; and must be given to the person with the notice to appear or complaint and summons; and must be signed by the police officer giving the notice.\n(sec.470-ssec.3) If the person attends at a police station or police establishment as required under the identifying particulars notice, a police officer may take or photograph all or any of the person’s identifying particulars.\n- (a) to report to a police officer at a stated police station or police establishment within 7 days after the issue of the notice to enable a police officer to take or photograph all or any of the person’s identifying particulars; and\n- (b) to stay at the police station or police establishment for the time reasonably necessary to enable the identifying particulars to be taken or photographed.\n- (a) may state the days and times within which the person must attend the police station or police establishment; and\n- (b) must state— (i) it is an offence to fail to comply with the notice; and (ii) that, before the identifying particulars are taken, the person must produce satisfactory evidence of identity; and\n- (i) it is an offence to fail to comply with the notice; and\n- (ii) that, before the identifying particulars are taken, the person must produce satisfactory evidence of identity; and\n- (c) must be given to the person with the notice to appear or complaint and summons; and\n- (d) must be signed by the police officer giving the notice.\n- (i) it is an offence to fail to comply with the notice; and\n- (ii) that, before the identifying particulars are taken, the person must produce satisfactory evidence of identity; and","sortOrder":900},{"sectionNumber":"ch.17-pt.4-div.3","sectionType":"division","heading":"Taking identifying particulars under court order","content":"## Taking identifying particulars under court order","sortOrder":901},{"sectionNumber":"sec.471","sectionType":"section","heading":"Court may order taking of identifying particulars","content":"### sec.471 Court may order taking of identifying particulars\n\nThis section applies if, in a proceeding for an identifying particulars offence against an adult, a court is satisfied it is necessary to take or photograph the person’s identifying particulars to help—\nidentify the person in relation to the offence or another offence the person is suspected of having committed; or\nconfirm the person’s identity; or\nfind out the person’s criminal history; or\nkeep criminal records.\nThe court may make either of the following orders—\nan order that a police officer may detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars;\nan order—\nthat the person—\nreport to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and\nstay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and\nauthorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .\nA person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse.\nMaximum penalty—2 years imprisonment.\nIt is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.\ns 471 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\namd 2006 No. 26 s 3 sch 1\n(sec.471-ssec.1) This section applies if, in a proceeding for an identifying particulars offence against an adult, a court is satisfied it is necessary to take or photograph the person’s identifying particulars to help— identify the person in relation to the offence or another offence the person is suspected of having committed; or confirm the person’s identity; or find out the person’s criminal history; or keep criminal records.\n(sec.471-ssec.2) The court may make either of the following orders— an order that a police officer may detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars; an order— that the person— report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .\n(sec.471-ssec.3) A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse. Maximum penalty—2 years imprisonment.\n(sec.471-ssec.4) It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.\n- (a) identify the person in relation to the offence or another offence the person is suspected of having committed; or\n- (b) confirm the person’s identity; or\n- (c) find out the person’s criminal history; or\n- (d) keep criminal records.\n- (a) an order that a police officer may detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars;\n- (b) an order— (i) that the person— (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and (ii) authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .\n- (i) that the person— (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and\n- (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and\n- (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and\n- (ii) authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .\n- (i) that the person— (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and\n- (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and\n- (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and\n- (ii) authorising a police officer to detain the person to enable a police officer to take or photograph all or any of the person’s identifying particulars if the person does not comply with subparagraph (i) .\n- (A) report to a police officer at a stated police station or police establishment on a stated day or between stated hours within 7 days; and\n- (B) stay at the place for the time reasonably necessary to enable a police officer to take or photograph all or any of the person’s identifying particulars; and","sortOrder":902},{"sectionNumber":"sec.472","sectionType":"section","heading":"Detention for taking identifying particulars","content":"### sec.472 Detention for taking identifying particulars\n\nA police officer may, to give effect to an order made under section 471 (2) (a) or (b) (ii) , detain the person.\nIf the person is not already in custody, the time for which the person may be detained is—\n1 hour; or\na longer reasonably necessary time, having regard to the particular circumstances.\ns 472 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\n(sec.472-ssec.1) A police officer may, to give effect to an order made under section 471 (2) (a) or (b) (ii) , detain the person.\n(sec.472-ssec.2) If the person is not already in custody, the time for which the person may be detained is— 1 hour; or a longer reasonably necessary time, having regard to the particular circumstances.\n- (a) 1 hour; or\n- (b) a longer reasonably necessary time, having regard to the particular circumstances.","sortOrder":903},{"sectionNumber":"sec.473","sectionType":"section","heading":"Who may take identifying particulars","content":"### sec.473 Who may take identifying particulars\n\nAny police officer may take or photograph all or any of the identifying particulars of a person to whom an order made under section 471 (2) relates.\ns 473 ins 2000 No. 22 s 18\namd 2003 No. 19 s 3 sch\nsub 2003 No. 49 s 10","sortOrder":904},{"sectionNumber":"ch.17-pt.4-div.4","sectionType":"division","heading":"Destruction of identifying particulars","content":"## Destruction of identifying particulars","sortOrder":905},{"sectionNumber":"sec.474","sectionType":"section","heading":"Destruction of identifying particulars","content":"### sec.474 Destruction of identifying particulars\n\nIf a person is found not guilty of an identifying particulars offence or is not further proceeded against for the offence, any identifying particulars taken under this part in relation to the offence must be destroyed within a reasonable time in the presence of a justice.\nSubsection (1) does not apply if—\nthe person has been proceeded against for another identifying particulars offence the charge of which has not been decided; or\nthe person has previously been found guilty of another identifying particulars offence, whether before or after the commencement of this section; or\nthe identifying particulars are required for the investigation of another identifying particulars offence the person is reasonably suspected of having committed; or\nthe person is not proceeded against for the identifying particulars offence because the person has been found incapable of standing trial because of mental illness.\nIf, because of subsection (2) (a) , a person’s identifying particulars are not destroyed and the person is found not guilty of the other identifying particulars offence or the charge of that other offence is not proceeded with, the identifying particulars must be destroyed within a reasonable time after the relevant event happens.\nHowever, the identifying particulars must not be destroyed under subsection (3) if subsection (2) continues to apply to the person.\nIf—\nthe person is a child; and\nthe Youth Justice Act 1992 applies for proceeding against the child for the identifying particulars offence; and\nthe child pleads guilty before the court; and\nthe court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A ;\nthe requirement to destroy the identifying particulars under subsection (1) does not apply until the child discharges the obligations under a restorative justice agreement made as a consequence of the referral.\nIn this section—\nidentifying particulars , of a person, includes a photograph of the identifying particulars.\nrestorative justice agreement see the Youth Justice Act 1992 , schedule 4 .\nrestorative justice process see the Youth Justice Act 1992 , schedule 4 .\ns 474 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\namd 2016 No. 39 s 8B ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.474-ssec.1) If a person is found not guilty of an identifying particulars offence or is not further proceeded against for the offence, any identifying particulars taken under this part in relation to the offence must be destroyed within a reasonable time in the presence of a justice.\n(sec.474-ssec.2) Subsection (1) does not apply if— the person has been proceeded against for another identifying particulars offence the charge of which has not been decided; or the person has previously been found guilty of another identifying particulars offence, whether before or after the commencement of this section; or the identifying particulars are required for the investigation of another identifying particulars offence the person is reasonably suspected of having committed; or the person is not proceeded against for the identifying particulars offence because the person has been found incapable of standing trial because of mental illness.\n(sec.474-ssec.3) If, because of subsection (2) (a) , a person’s identifying particulars are not destroyed and the person is found not guilty of the other identifying particulars offence or the charge of that other offence is not proceeded with, the identifying particulars must be destroyed within a reasonable time after the relevant event happens.\n(sec.474-ssec.4) However, the identifying particulars must not be destroyed under subsection (3) if subsection (2) continues to apply to the person.\n(sec.474-ssec.4A) If— the person is a child; and the Youth Justice Act 1992 applies for proceeding against the child for the identifying particulars offence; and the child pleads guilty before the court; and the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A ; the requirement to destroy the identifying particulars under subsection (1) does not apply until the child discharges the obligations under a restorative justice agreement made as a consequence of the referral.\n(sec.474-ssec.5) In this section— identifying particulars , of a person, includes a photograph of the identifying particulars. restorative justice agreement see the Youth Justice Act 1992 , schedule 4 . restorative justice process see the Youth Justice Act 1992 , schedule 4 .\n- (a) the person has been proceeded against for another identifying particulars offence the charge of which has not been decided; or\n- (b) the person has previously been found guilty of another identifying particulars offence, whether before or after the commencement of this section; or\n- (c) the identifying particulars are required for the investigation of another identifying particulars offence the person is reasonably suspected of having committed; or\n- (d) the person is not proceeded against for the identifying particulars offence because the person has been found incapable of standing trial because of mental illness.\n- (a) the person is a child; and\n- (b) the Youth Justice Act 1992 applies for proceeding against the child for the identifying particulars offence; and\n- (c) the child pleads guilty before the court; and\n- (d) the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A ;","sortOrder":906},{"sectionNumber":"ch.17-pt.5","sectionType":"part","heading":"DNA procedures","content":"# DNA procedures","sortOrder":907},{"sectionNumber":"ch.17-pt.5-div.1","sectionType":"division","heading":"Preliminary provisions about DNA sampling and DNA analysis","content":"## Preliminary provisions about DNA sampling and DNA analysis","sortOrder":908},{"sectionNumber":"sec.475","sectionType":"section","heading":"Taking DNA sample by doctor or nurse","content":"### sec.475 Taking DNA sample by doctor or nurse\n\nA DNA sampler who is a doctor or nurse may take a DNA sample from a person for DNA analysis under this chapter only if asked by a police officer to do so.\ns 475 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10","sortOrder":909},{"sectionNumber":"sec.476","sectionType":"section","heading":"Commissioner may authorise police officers to take DNA samples","content":"### sec.476 Commissioner may authorise police officers to take DNA samples\n\nThe commissioner may authorise a police officer to take DNA samples.\nHowever, the commissioner may authorise a police officer only if the commissioner is satisfied the police officer—\nhas the necessary experience or expertise to be able to take the samples; or\nhas satisfactorily completed a course of training approved by the commissioner for the purpose.\ns 476 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\n(sec.476-ssec.1) The commissioner may authorise a police officer to take DNA samples.\n(sec.476-ssec.2) However, the commissioner may authorise a police officer only if the commissioner is satisfied the police officer— has the necessary experience or expertise to be able to take the samples; or has satisfactorily completed a course of training approved by the commissioner for the purpose.\n- (a) has the necessary experience or expertise to be able to take the samples; or\n- (b) has satisfactorily completed a course of training approved by the commissioner for the purpose.","sortOrder":910},{"sectionNumber":"sec.477","sectionType":"section","heading":"Where DNA sample may be taken","content":"### sec.477 Where DNA sample may be taken\n\nA DNA sampler may take a DNA sample from a person at a location in any of the following places that provide reasonable privacy for the person—\na police station or police establishment;\na hospital;\na prison or detention centre;\nanother place the sampler considers is appropriate in the circumstances.\ns 477 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\n- (a) a police station or police establishment;\n- (b) a hospital;\n- (c) a prison or detention centre;\n- (d) another place the sampler considers is appropriate in the circumstances.","sortOrder":911},{"sectionNumber":"sec.478","sectionType":"section","heading":"How DNA samples may be taken","content":"### sec.478 How DNA samples may be taken\n\nA DNA sampler may take a DNA sample from a person only by—\nhaving the person use a mouth swab to swab the person’s mouth; or\ncollecting hair, including roots of the hair, from the person.\ns 478 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\n- (a) having the person use a mouth swab to swab the person’s mouth; or\n- (b) collecting hair, including roots of the hair, from the person.","sortOrder":912},{"sectionNumber":"ch.17-pt.5-div.2","sectionType":"division","heading":"Taking DNA sample from particular persons with consent","content":"## Taking DNA sample from particular persons with consent","sortOrder":913},{"sectionNumber":"sec.479","sectionType":"section","heading":"Use of DNA analysis of DNA sample taken from child under 14","content":"### sec.479 Use of DNA analysis of DNA sample taken from child under 14\n\nThis section applies if a forensic procedure consent authorises a DNA sample to be taken from a child under 14 years.\nA DNA analysis of the sample may be used only for the purpose for which the consent was given.\ns 479 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\n(sec.479-ssec.1) This section applies if a forensic procedure consent authorises a DNA sample to be taken from a child under 14 years.\n(sec.479-ssec.2) A DNA analysis of the sample may be used only for the purpose for which the consent was given.","sortOrder":914},{"sectionNumber":"sec.480","sectionType":"section","heading":"Taking DNA sample from person with impaired capacity","content":"### sec.480 Taking DNA sample from person with impaired capacity\n\nThis section applies if a forensic procedure consent authorises a DNA sample to be taken from a person with impaired capacity.\nA police officer must ensure a support person is present when the sample is being taken if it is reasonably practicable to do so.\ns 480 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\n(sec.480-ssec.1) This section applies if a forensic procedure consent authorises a DNA sample to be taken from a person with impaired capacity.\n(sec.480-ssec.2) A police officer must ensure a support person is present when the sample is being taken if it is reasonably practicable to do so.","sortOrder":915},{"sectionNumber":"ch.17-pt.5-div.3","sectionType":"division","heading":"Taking DNA samples after proceedings commenced and from certain prisoners","content":"## Taking DNA samples after proceedings commenced and from certain prisoners","sortOrder":916},{"sectionNumber":"sec.481","sectionType":"section","heading":"Taking DNA sample if proceeding started or continued against an adult by arrest, notice to appear or complaint and summons etc.","content":"### sec.481 Taking DNA sample if proceeding started or continued against an adult by arrest, notice to appear or complaint and summons etc.\n\nThis section applies if—\na police officer starts or continues a proceeding for an indictable offence against an adult by arrest; or\na police officer starts a proceeding for an indictable offence against an adult by a notice to appear or complaint and summons.\nA police officer may detain the person for the time reasonably necessary to take a DNA sample from the person and, if necessary, take the person to a place mentioned in section 477 (a) , (b) or (d) for the purpose.\nA DNA sampler may take a DNA sample for DNA analysis from a person detained under this section.\ns 481 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\namd 2014 No. 1 s 18\n(sec.481-ssec.1) This section applies if— a police officer starts or continues a proceeding for an indictable offence against an adult by arrest; or a police officer starts a proceeding for an indictable offence against an adult by a notice to appear or complaint and summons.\n(sec.481-ssec.2) A police officer may detain the person for the time reasonably necessary to take a DNA sample from the person and, if necessary, take the person to a place mentioned in section 477 (a) , (b) or (d) for the purpose.\n(sec.481-ssec.3) A DNA sampler may take a DNA sample for DNA analysis from a person detained under this section.\n- (a) a police officer starts or continues a proceeding for an indictable offence against an adult by arrest; or\n- (b) a police officer starts a proceeding for an indictable offence against an adult by a notice to appear or complaint and summons.","sortOrder":917},{"sectionNumber":"sec.482","sectionType":"section","heading":"DNA sample notice","content":"### sec.482 DNA sample notice\n\nThis section applies if a police officer—\nstarts or continues a proceeding for an indictable offence against an adult by arrest and intends to release the person under section 377 (2) (b) ; or\ndecides to start, or continues, a proceeding for an indictable offence against an adult by a notice to appear or complaint and summons;\nand decides it is not necessary to immediately take a DNA sample from the person.\nA police officer may, by written notice ( DNA sample notice ), require the person to report to a police officer at a stated police station or police establishment to enable a DNA sampler to take a DNA sample from the person.\nA DNA sampler may take a DNA sample for DNA analysis from a person who attends at a police station or police establishment as required under a DNA sample notice.\ns 482 ins 2000 No. 22 s 18\namd 2003 No. 19 s 3 sch\nsub 2003 No. 49 s 10\namd 2014 No. 1 s 19\n(sec.482-ssec.1) This section applies if a police officer— starts or continues a proceeding for an indictable offence against an adult by arrest and intends to release the person under section 377 (2) (b) ; or decides to start, or continues, a proceeding for an indictable offence against an adult by a notice to appear or complaint and summons; and decides it is not necessary to immediately take a DNA sample from the person.\n(sec.482-ssec.2) A police officer may, by written notice ( DNA sample notice ), require the person to report to a police officer at a stated police station or police establishment to enable a DNA sampler to take a DNA sample from the person.\n(sec.482-ssec.3) A DNA sampler may take a DNA sample for DNA analysis from a person who attends at a police station or police establishment as required under a DNA sample notice.\n- (a) starts or continues a proceeding for an indictable offence against an adult by arrest and intends to release the person under section 377 (2) (b) ; or\n- (b) decides to start, or continues, a proceeding for an indictable offence against an adult by a notice to appear or complaint and summons;","sortOrder":918},{"sectionNumber":"sec.483","sectionType":"section","heading":"Requirements for DNA sample notice","content":"### sec.483 Requirements for DNA sample notice\n\nA DNA sample notice—\nmust require the relevant person to report to a police officer at a stated police station or police establishment—\nwithin 7 days after the issue of the notice; or\non a stated day or within stated hours within 7 days after the issue of the notice;\nto enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\nmust state—\nit is an offence to fail to comply with the notice; and\nthat, before the DNA sample is taken, the person must produce to a police officer satisfactory evidence of identity; and\nmust be given to the person—\nif section 482 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or\nif section 482 (1) (b) applies, with the notice to appear or complaint and summons; and\nmust be signed by the police officer giving the notice.\ns 483 ins 2000 No. 22 s 18\namd 2002 No. 26 s 3\nsub 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n- (a) must require the relevant person to report to a police officer at a stated police station or police establishment— (i) within 7 days after the issue of the notice; or (ii) on a stated day or within stated hours within 7 days after the issue of the notice; to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\n- (i) within 7 days after the issue of the notice; or\n- (ii) on a stated day or within stated hours within 7 days after the issue of the notice;\n- (b) must state— (i) it is an offence to fail to comply with the notice; and (ii) that, before the DNA sample is taken, the person must produce to a police officer satisfactory evidence of identity; and\n- (i) it is an offence to fail to comply with the notice; and\n- (ii) that, before the DNA sample is taken, the person must produce to a police officer satisfactory evidence of identity; and\n- (c) must be given to the person— (i) if section 482 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or (ii) if section 482 (1) (b) applies, with the notice to appear or complaint and summons; and\n- (i) if section 482 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or\n- (ii) if section 482 (1) (b) applies, with the notice to appear or complaint and summons; and\n- (d) must be signed by the police officer giving the notice.\n- (i) within 7 days after the issue of the notice; or\n- (ii) on a stated day or within stated hours within 7 days after the issue of the notice;\n- (i) it is an offence to fail to comply with the notice; and\n- (ii) that, before the DNA sample is taken, the person must produce to a police officer satisfactory evidence of identity; and\n- (i) if section 482 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or\n- (ii) if section 482 (1) (b) applies, with the notice to appear or complaint and summons; and","sortOrder":919},{"sectionNumber":"sec.484","sectionType":"section","heading":"Taking DNA sample from adult before court","content":"### sec.484 Taking DNA sample from adult before court\n\nThis section applies if, in a proceeding against an adult for an indictable offence, a court is satisfied it is reasonably necessary, having regard to the rights and liberties of the person and the public interest, to take a DNA sample for DNA analysis from the person.\nThe court may make either of the following orders—\nan order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis;\nan order—\nthat the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\nauthorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\nA person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse.\nMaximum penalty—2 years imprisonment.\nIt is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.\nA DNA sampler may take a DNA sample for DNA analysis from a person who is detained under an order made under subsection (2) (a) or (b) or reports to a police station or police establishment as required under an order made under subsection (2) (b) .\ns 484 ins 2003 No. 49 s 10\n(sec.484-ssec.1) This section applies if, in a proceeding against an adult for an indictable offence, a court is satisfied it is reasonably necessary, having regard to the rights and liberties of the person and the public interest, to take a DNA sample for DNA analysis from the person.\n(sec.484-ssec.2) The court may make either of the following orders— an order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis; an order— that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\n(sec.484-ssec.3) A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse. Maximum penalty—2 years imprisonment.\n(sec.484-ssec.4) It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.\n(sec.484-ssec.5) A DNA sampler may take a DNA sample for DNA analysis from a person who is detained under an order made under subsection (2) (a) or (b) or reports to a police station or police establishment as required under an order made under subsection (2) (b) .\n- (a) an order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis;\n- (b) an order— (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\n- (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\n- (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\n- (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\n- (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .","sortOrder":920},{"sectionNumber":"sec.485","sectionType":"section","heading":"Taking DNA sample after finding of guilt","content":"### sec.485 Taking DNA sample after finding of guilt\n\nThis section applies if a court finds an adult guilty of an indictable offence, including an indictable offence that is dealt with summarily.\nThe court may make either of the following orders—\nan order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis;\nan order—\nthat the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\nauthorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\nA person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse.\nMaximum penalty—2 years imprisonment.\nIt is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.\nA DNA sampler may take a DNA sample for DNA analysis from a person who is detained under an order made under subsection (2) (a) or (b) or reports to a police station or police establishment as required under an order made under subsection (2) (b) .\nIf the application for the order is not made at the time, or soon after, the person is found guilty of the indictable offence, the court must consider whether it is appropriate to make the order having regard to the period of time that has elapsed since the finding of guilt and any reason given for the delay in making the application.\ns 485 ins 2000 No. 22 s 18\namd 2002 No. 39 s 180\nsub 2003 No. 49 s 10\n(sec.485-ssec.1) This section applies if a court finds an adult guilty of an indictable offence, including an indictable offence that is dealt with summarily.\n(sec.485-ssec.2) The court may make either of the following orders— an order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis; an order— that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\n(sec.485-ssec.3) A person must not contravene an order made under subsection (2) (b) , unless the person has a reasonable excuse. Maximum penalty—2 years imprisonment.\n(sec.485-ssec.4) It is not a reasonable excuse for the person to contravene the order that complying with it may tend to incriminate the person.\n(sec.485-ssec.5) A DNA sampler may take a DNA sample for DNA analysis from a person who is detained under an order made under subsection (2) (a) or (b) or reports to a police station or police establishment as required under an order made under subsection (2) (b) .\n(sec.485-ssec.6) If the application for the order is not made at the time, or soon after, the person is found guilty of the indictable offence, the court must consider whether it is appropriate to make the order having regard to the period of time that has elapsed since the finding of guilt and any reason given for the delay in making the application.\n- (a) an order that a police officer may detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis;\n- (b) an order— (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\n- (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\n- (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .\n- (i) that the person report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\n- (ii) authorising a police officer to detain the person to enable a DNA sampler to take a DNA sample from the person for DNA analysis if the person does not comply with subparagraph (i) .","sortOrder":921},{"sectionNumber":"sec.486","sectionType":"section","heading":"Detention for taking DNA sample","content":"### sec.486 Detention for taking DNA sample\n\nTo give effect to an order made under section 484 (2) (a) or (b) (ii) or 485 (2) (a) or (b) (ii) , a police officer may detain the person.\nIf the person is not already in custody, the time for which the person may be detained is—\n1 hour; or\na longer reasonably necessary time, having regard to the particular circumstances.\ns 486 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\n(sec.486-ssec.1) To give effect to an order made under section 484 (2) (a) or (b) (ii) or 485 (2) (a) or (b) (ii) , a police officer may detain the person.\n(sec.486-ssec.2) If the person is not already in custody, the time for which the person may be detained is— 1 hour; or a longer reasonably necessary time, having regard to the particular circumstances.\n- (a) 1 hour; or\n- (b) a longer reasonably necessary time, having regard to the particular circumstances.","sortOrder":922},{"sectionNumber":"sec.487","sectionType":"section","heading":"Taking DNA sample from transferred prisoner","content":"### sec.487 Taking DNA sample from transferred prisoner\n\nThis section applies to a transferred prisoner who is detained in a corrective services facility.\nA DNA sampler may, under an arrangement between the commissioner and the chief executive (corrective services)—\nenter the facility; and\ndetain the prisoner and take the prisoner to an appropriate place in the facility for the purpose of taking a DNA sample from the prisoner for DNA analysis; and\ntake the DNA sample from the prisoner.\nA corrective services officer under the Corrective Services Act 2006 may be present when the DNA sample is taken.\nThis section has effect from when section 314 expires.\nPrevious section 314 (Taking DNA sample from prisoner in corrective services facility) expired on 2 February 2005.\nIn this section—\ntransferred prisoner means—\na prisoner who—\nwas transferred to Queensland from another State under an arrangement under the Prisoners (Interstate Transfer) Act 1982 ; and\nis serving a term of imprisonment for an indictable offence committed in the other State, even though the offence was dealt with summarily; or\na prisoner who—\nis transferred to Australia from another country under the International Transfer of Prisoners Act 1997 (Cwlth) and is detained in a Queensland prison under an arrangement made under section 50 of that Act between the Governor-General and the Governor; and\nThe Governor may make the arrangement under the Prisoners International Transfer (Queensland) Act 1997 , section 8 .\nis serving a term of imprisonment for an offence that, if committed in Australia, would be an indictable offence.\ns 487 ins 2000 No. 22 s 18\nsub 2003 No. 49 s 10\namd 2006 No. 29 s 514\n(sec.487-ssec.1) This section applies to a transferred prisoner who is detained in a corrective services facility.\n(sec.487-ssec.2) A DNA sampler may, under an arrangement between the commissioner and the chief executive (corrective services)— enter the facility; and detain the prisoner and take the prisoner to an appropriate place in the facility for the purpose of taking a DNA sample from the prisoner for DNA analysis; and take the DNA sample from the prisoner.\n(sec.487-ssec.3) A corrective services officer under the Corrective Services Act 2006 may be present when the DNA sample is taken.\n(sec.487-ssec.4) This section has effect from when section 314 expires. Previous section 314 (Taking DNA sample from prisoner in corrective services facility) expired on 2 February 2005.\n(sec.487-ssec.5) In this section— transferred prisoner means— a prisoner who— was transferred to Queensland from another State under an arrangement under the Prisoners (Interstate Transfer) Act 1982 ; and is serving a term of imprisonment for an indictable offence committed in the other State, even though the offence was dealt with summarily; or a prisoner who— is transferred to Australia from another country under the International Transfer of Prisoners Act 1997 (Cwlth) and is detained in a Queensland prison under an arrangement made under section 50 of that Act between the Governor-General and the Governor; and The Governor may make the arrangement under the Prisoners International Transfer (Queensland) Act 1997 , section 8 . is serving a term of imprisonment for an offence that, if committed in Australia, would be an indictable offence.\n- (a) enter the facility; and\n- (b) detain the prisoner and take the prisoner to an appropriate place in the facility for the purpose of taking a DNA sample from the prisoner for DNA analysis; and\n- (c) take the DNA sample from the prisoner.\n- (a) a prisoner who— (i) was transferred to Queensland from another State under an arrangement under the Prisoners (Interstate Transfer) Act 1982 ; and (ii) is serving a term of imprisonment for an indictable offence committed in the other State, even though the offence was dealt with summarily; or\n- (i) was transferred to Queensland from another State under an arrangement under the Prisoners (Interstate Transfer) Act 1982 ; and\n- (ii) is serving a term of imprisonment for an indictable offence committed in the other State, even though the offence was dealt with summarily; or\n- (b) a prisoner who— (i) is transferred to Australia from another country under the International Transfer of Prisoners Act 1997 (Cwlth) and is detained in a Queensland prison under an arrangement made under section 50 of that Act between the Governor-General and the Governor; and Note— The Governor may make the arrangement under the Prisoners International Transfer (Queensland) Act 1997 , section 8 . (ii) is serving a term of imprisonment for an offence that, if committed in Australia, would be an indictable offence.\n- (i) is transferred to Australia from another country under the International Transfer of Prisoners Act 1997 (Cwlth) and is detained in a Queensland prison under an arrangement made under section 50 of that Act between the Governor-General and the Governor; and Note— The Governor may make the arrangement under the Prisoners International Transfer (Queensland) Act 1997 , section 8 .\n- (ii) is serving a term of imprisonment for an offence that, if committed in Australia, would be an indictable offence.\n- (i) was transferred to Queensland from another State under an arrangement under the Prisoners (Interstate Transfer) Act 1982 ; and\n- (ii) is serving a term of imprisonment for an indictable offence committed in the other State, even though the offence was dealt with summarily; or\n- (i) is transferred to Australia from another country under the International Transfer of Prisoners Act 1997 (Cwlth) and is detained in a Queensland prison under an arrangement made under section 50 of that Act between the Governor-General and the Governor; and Note— The Governor may make the arrangement under the Prisoners International Transfer (Queensland) Act 1997 , section 8 .\n- (ii) is serving a term of imprisonment for an offence that, if committed in Australia, would be an indictable offence.","sortOrder":923},{"sectionNumber":"sec.488","sectionType":"section","heading":"Taking DNA sample from child","content":"### sec.488 Taking DNA sample from child\n\nThis section applies if a police officer—\nstarts or continues a proceeding for an indictable offence against a child by arrest, notice to appear or complaint and summons; and\nconsiders it is reasonably necessary to take a DNA sample from the child for DNA analysis.\nThe police officer may apply to the Childrens Court for an order authorising a DNA sampler to take a DNA sample from the child for DNA analysis.\nThe police officer must give notice of the application to—\nthe child; and\na parent of the child, unless a parent can not be found after reasonable inquiry; and\nthe chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility.\nThe court may order the taking of a DNA sample if satisfied—\nan indictable offence has been committed; and\nthe child is reasonably suspected of having committed the offence; and\na DNA analysis may tend to prove or disprove the child’s involvement in the offence.\nIf the child will not be in custody when the sample is proposed to be taken, the order—\nmust require the child to report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\nmay authorise a police officer to detain the child and take the child to an appropriate place to enable a DNA sample to be taken from the child for DNA analysis if the child does not comply with paragraph (a) .\nA child named in an order made under subsection (4) that contains a requirement mentioned in subsection (5) must not contravene the order, unless the child has a reasonable excuse.\nMaximum penalty—10 penalty units.\nFor subsection (6) —\nit is a reasonable excuse for the child to contravene the order that a copy of the order has not been given to the child; and\nit is not a reasonable excuse for the child to contravene the order that complying with it may tend to incriminate the child.\nA DNA sampler may take a DNA sample from the child if the child is in custody, attends at a police station or police establishment as required under an order made under subsection (5) or is detained under an order made under that subsection.\nTo give effect to an order made under subsection (4) or (5) (b) , a police officer may detain the child.\nIf the child is not already in custody, the time for which the child may be detained is—\n1 hour; or\na longer reasonably necessary time, having regard to the particular circumstances.\nIn this section—\nparent , of a child, includes an approved carer of the child under the Child Protection Act 1999 .\ns 488 ins 2000 No. 22 s 18\namd 2002 No. 26 s 5\nsub 2003 No. 49 s 10\namd 2005 No. 17 s 15 ; 2005 No. 40 s 69 sch ; 2016 No. 62 s 493 s ch 1 pt 1\n(sec.488-ssec.1) This section applies if a police officer— starts or continues a proceeding for an indictable offence against a child by arrest, notice to appear or complaint and summons; and considers it is reasonably necessary to take a DNA sample from the child for DNA analysis.\n(sec.488-ssec.2) The police officer may apply to the Childrens Court for an order authorising a DNA sampler to take a DNA sample from the child for DNA analysis.\n(sec.488-ssec.3) The police officer must give notice of the application to— the child; and a parent of the child, unless a parent can not be found after reasonable inquiry; and the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility.\n(sec.488-ssec.4) The court may order the taking of a DNA sample if satisfied— an indictable offence has been committed; and the child is reasonably suspected of having committed the offence; and a DNA analysis may tend to prove or disprove the child’s involvement in the offence.\n(sec.488-ssec.5) If the child will not be in custody when the sample is proposed to be taken, the order— must require the child to report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and may authorise a police officer to detain the child and take the child to an appropriate place to enable a DNA sample to be taken from the child for DNA analysis if the child does not comply with paragraph (a) .\n(sec.488-ssec.6) A child named in an order made under subsection (4) that contains a requirement mentioned in subsection (5) must not contravene the order, unless the child has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.488-ssec.7) For subsection (6) — it is a reasonable excuse for the child to contravene the order that a copy of the order has not been given to the child; and it is not a reasonable excuse for the child to contravene the order that complying with it may tend to incriminate the child.\n(sec.488-ssec.8) A DNA sampler may take a DNA sample from the child if the child is in custody, attends at a police station or police establishment as required under an order made under subsection (5) or is detained under an order made under that subsection.\n(sec.488-ssec.9) To give effect to an order made under subsection (4) or (5) (b) , a police officer may detain the child.\n(sec.488-ssec.10) If the child is not already in custody, the time for which the child may be detained is— 1 hour; or a longer reasonably necessary time, having regard to the particular circumstances.\n(sec.488-ssec.11) In this section— parent , of a child, includes an approved carer of the child under the Child Protection Act 1999 .\n- (a) starts or continues a proceeding for an indictable offence against a child by arrest, notice to appear or complaint and summons; and\n- (b) considers it is reasonably necessary to take a DNA sample from the child for DNA analysis.\n- (a) the child; and\n- (b) a parent of the child, unless a parent can not be found after reasonable inquiry; and\n- (c) the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility.\n- (a) an indictable offence has been committed; and\n- (b) the child is reasonably suspected of having committed the offence; and\n- (c) a DNA analysis may tend to prove or disprove the child’s involvement in the offence.\n- (a) must require the child to report to a police officer at a stated police station or police establishment within 7 days, or on a stated day or within stated hours within 7 days, to enable a DNA sampler to take a DNA sample from the person for DNA analysis; and\n- (b) may authorise a police officer to detain the child and take the child to an appropriate place to enable a DNA sample to be taken from the child for DNA analysis if the child does not comply with paragraph (a) .\n- (a) it is a reasonable excuse for the child to contravene the order that a copy of the order has not been given to the child; and\n- (b) it is not a reasonable excuse for the child to contravene the order that complying with it may tend to incriminate the child.\n- (a) 1 hour; or\n- (b) a longer reasonably necessary time, having regard to the particular circumstances.","sortOrder":924},{"sectionNumber":"sec.488A","sectionType":"section","heading":"Taking DNA sample from reportable offender for Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004","content":"### sec.488A Taking DNA sample from reportable offender for Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004\n\nA DNA sampler may take a DNA sample for DNA analysis from a person who—\nis a reportable offender; and\nas required under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 40A (2) , allows the sample to be taken.\nThe person commits an offence against the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 50 (1) if the person fails to comply with the person’s obligation under that Act, section 40A(2).\ns 488A ins 2011 No. 10 s 30\namd 2017 No. 14 s 45\n- (a) is a reportable offender; and\n- (b) as required under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 40A (2) , allows the sample to be taken.","sortOrder":925},{"sectionNumber":"ch.17-pt.5-div.4","sectionType":"division","heading":"Analysis and use of DNA samples","content":"## Analysis and use of DNA samples","sortOrder":926},{"sectionNumber":"sec.488B","sectionType":"section","heading":"Commissioner may enter into DNA arrangement","content":"### sec.488B Commissioner may enter into DNA arrangement\n\nThe commissioner may enter into a contract or other arrangement (each a DNA arrangement ) with 1 or both of the following about analysing DNA under section 489 —\nthe Director of Forensic Science Queensland under the Forensic Science Queensland Act 2024 ;\nthe chief executive officer, however described, of an accredited laboratory.\nIn this section—\naccredited laboratory means a laboratory accredited as complying with ISO/IEC 17025 by—\nthe National Association of Testing Authorities, Australia; or\nanother entity the commissioner is satisfied is appropriately qualified to accredit a laboratory for compliance with ISO/IEC 17025.\nISO/IEC 17025 means the standard titled ‘ISO/IEC 17025—General requirements for the competence of testing and calibration laboratories’, published jointly by the International Organisation for Standardisation and the International Electrotechnical Commission.\ns 488B ins 2014 No. 1 s 20\namd 2024 No. 8 s 69\n(sec.488B-ssec.1) The commissioner may enter into a contract or other arrangement (each a DNA arrangement ) with 1 or both of the following about analysing DNA under section 489 — the Director of Forensic Science Queensland under the Forensic Science Queensland Act 2024 ; the chief executive officer, however described, of an accredited laboratory.\n(sec.488B-ssec.2) In this section— accredited laboratory means a laboratory accredited as complying with ISO/IEC 17025 by— the National Association of Testing Authorities, Australia; or another entity the commissioner is satisfied is appropriately qualified to accredit a laboratory for compliance with ISO/IEC 17025. ISO/IEC 17025 means the standard titled ‘ISO/IEC 17025—General requirements for the competence of testing and calibration laboratories’, published jointly by the International Organisation for Standardisation and the International Electrotechnical Commission.\n- (a) the Director of Forensic Science Queensland under the Forensic Science Queensland Act 2024 ;\n- (b) the chief executive officer, however described, of an accredited laboratory.\n- (a) the National Association of Testing Authorities, Australia; or\n- (b) another entity the commissioner is satisfied is appropriately qualified to accredit a laboratory for compliance with ISO/IEC 17025.","sortOrder":927},{"sectionNumber":"sec.489","sectionType":"section","heading":"Power to analyse etc. DNA samples","content":"### sec.489 Power to analyse etc. DNA samples\n\nIt is lawful for a police officer or a person acting under a DNA arrangement—\nto perform a DNA analysis of a DNA sample taken under this chapter or received from a declared agency; and\nto perform any further analysis of a DNA sample that may be reasonably necessary for ensuring the accuracy of an earlier analysis; and\nto keep a DNA sample and the results of a DNA analysis of the sample until they are required under this part to be destroyed; and\nto take the steps reasonably necessary to ensure the results of the analysis are included in QDNA; and\nto compare the results of a DNA analysis of a DNA sample with other results of DNA analyses of samples, whether or not DNA samples, to which the police officer or person has access.\nA DNA sample mentioned in subsection (1) (c) must be kept in a secure place.\nIt is lawful for a police officer to use the results of any DNA analysis for performing any function of the police service.\ns 489 ins 2003 No. 49 s 10\namd 2005 No. 45 s 3 sch 1 ; 2014 No. 1 s 21\n(sec.489-ssec.1) It is lawful for a police officer or a person acting under a DNA arrangement— to perform a DNA analysis of a DNA sample taken under this chapter or received from a declared agency; and to perform any further analysis of a DNA sample that may be reasonably necessary for ensuring the accuracy of an earlier analysis; and to keep a DNA sample and the results of a DNA analysis of the sample until they are required under this part to be destroyed; and to take the steps reasonably necessary to ensure the results of the analysis are included in QDNA; and to compare the results of a DNA analysis of a DNA sample with other results of DNA analyses of samples, whether or not DNA samples, to which the police officer or person has access.\n(sec.489-ssec.2) A DNA sample mentioned in subsection (1) (c) must be kept in a secure place.\n(sec.489-ssec.3) It is lawful for a police officer to use the results of any DNA analysis for performing any function of the police service.\n- (a) to perform a DNA analysis of a DNA sample taken under this chapter or received from a declared agency; and\n- (b) to perform any further analysis of a DNA sample that may be reasonably necessary for ensuring the accuracy of an earlier analysis; and\n- (c) to keep a DNA sample and the results of a DNA analysis of the sample until they are required under this part to be destroyed; and\n- (d) to take the steps reasonably necessary to ensure the results of the analysis are included in QDNA; and\n- (e) to compare the results of a DNA analysis of a DNA sample with other results of DNA analyses of samples, whether or not DNA samples, to which the police officer or person has access.","sortOrder":928},{"sectionNumber":"sec.490","sectionType":"section","heading":"When DNA sample taken from suspected person and results must be destroyed","content":"### sec.490 When DNA sample taken from suspected person and results must be destroyed\n\nA DNA sample taken from a person suspected of having committed an indictable offence and the results of a DNA analysis of the sample must be destroyed within a reasonably practicable time after the end of 1 year from—\nif the person’s arrest for the indictable offence is discontinued under section 376 (1) or chapter 14 , part 4 , division 5 —the day the arrest is discontinued; or\nif the proceeding for the indictable offence is discontinued before a court—the day the proceeding is discontinued; or\nif the person is found not guilty of the indictable offence, including on appeal—the day the person is found not guilty of the offence; or\nif a proceeding for the indictable offence is not started within 1 year after the sample is taken—the day the sample is taken.\nSubsection (1) does not apply if—\nthe person has been proceeded against for another indictable offence the charge of which has not been decided; or\nthe person has been found guilty of another indictable offence, including an indictable offence dealt with summarily, whether before or after the commencement of this section; or\nthe DNA sample and the results of the DNA analysis of the sample are required for the investigation of another indictable offence the person is reasonably suspected of having committed; or\nthe person is not proceeded against for an indictable offence because the person has been found unfit for trial because of mental illness.\nSubsection (1) does not apply if the DNA sample was taken under a forensic procedure consent and the person has not, under section 454 (1) (g) , limited the purpose for which the sample may be used under the consent.\nSubsection (1) does not apply to a DNA sample taken from a prisoner under section 487 or the results of a DNA analysis of the sample, other than to the extent subsection (1) (c) applies to the offence for which the person was imprisoned.\nFor subsection (1) , the results of a DNA analysis may be destroyed by deleting any information in QDNA that identifies the person from whom the DNA sample was taken with the results obtained by analysing the sample.\nThis section applies subject to sections 490A, 490AA and 490B.\ns 490 ins 2003 No. 49 s 10\namd 2006 No. 26 s 3 sch 1 ; 2023 No. 34 s 4B; 2023 No. 11 s 27; 2024 No. 24 s 57 sch 1 pt 2 ; 2025 No. 7 s 47\n(sec.490-ssec.1) A DNA sample taken from a person suspected of having committed an indictable offence and the results of a DNA analysis of the sample must be destroyed within a reasonably practicable time after the end of 1 year from— if the person’s arrest for the indictable offence is discontinued under section 376 (1) or chapter 14 , part 4 , division 5 —the day the arrest is discontinued; or if the proceeding for the indictable offence is discontinued before a court—the day the proceeding is discontinued; or if the person is found not guilty of the indictable offence, including on appeal—the day the person is found not guilty of the offence; or if a proceeding for the indictable offence is not started within 1 year after the sample is taken—the day the sample is taken.\n(sec.490-ssec.2) Subsection (1) does not apply if— the person has been proceeded against for another indictable offence the charge of which has not been decided; or the person has been found guilty of another indictable offence, including an indictable offence dealt with summarily, whether before or after the commencement of this section; or the DNA sample and the results of the DNA analysis of the sample are required for the investigation of another indictable offence the person is reasonably suspected of having committed; or the person is not proceeded against for an indictable offence because the person has been found unfit for trial because of mental illness.\n(sec.490-ssec.3) Subsection (1) does not apply if the DNA sample was taken under a forensic procedure consent and the person has not, under section 454 (1) (g) , limited the purpose for which the sample may be used under the consent.\n(sec.490-ssec.4) Subsection (1) does not apply to a DNA sample taken from a prisoner under section 487 or the results of a DNA analysis of the sample, other than to the extent subsection (1) (c) applies to the offence for which the person was imprisoned.\n(sec.490-ssec.5) For subsection (1) , the results of a DNA analysis may be destroyed by deleting any information in QDNA that identifies the person from whom the DNA sample was taken with the results obtained by analysing the sample.\n(sec.490-ssec.6) This section applies subject to sections 490A, 490AA and 490B.\n- (a) if the person’s arrest for the indictable offence is discontinued under section 376 (1) or chapter 14 , part 4 , division 5 —the day the arrest is discontinued; or\n- (b) if the proceeding for the indictable offence is discontinued before a court—the day the proceeding is discontinued; or\n- (c) if the person is found not guilty of the indictable offence, including on appeal—the day the person is found not guilty of the offence; or\n- (d) if a proceeding for the indictable offence is not started within 1 year after the sample is taken—the day the sample is taken.\n- (a) the person has been proceeded against for another indictable offence the charge of which has not been decided; or\n- (b) the person has been found guilty of another indictable offence, including an indictable offence dealt with summarily, whether before or after the commencement of this section; or\n- (c) the DNA sample and the results of the DNA analysis of the sample are required for the investigation of another indictable offence the person is reasonably suspected of having committed; or\n- (d) the person is not proceeded against for an indictable offence because the person has been found unfit for trial because of mental illness.","sortOrder":929},{"sectionNumber":"sec.490A","sectionType":"section","heading":"Modified destruction timeframes—DNA samples taken between 13 June 2022 and 13 June 2025","content":"### sec.490A Modified destruction timeframes—DNA samples taken between 13 June 2022 and 13 June 2025\n\nThis section applies in relation to a DNA sample and the results of a DNA analysis of the sample if—\nthe sample is taken from a person suspected of having committed an indictable offence; and\nthe sample is taken during the period—\nstarting at the beginning of the day on 13 June 2022; and\nending at the end of the day on 13 June 2025.\nSection 490 (1) (d) applies in relation to the DNA sample and results as if—\nthe reference to a proceeding for the indictable offence not starting within 1 year after the sample is taken were a reference to the proceeding not starting within 7 years after the sample is taken; and\nthe reference to destroying the sample and results within a reasonably practicable time after the end of 1 year from the day the sample is taken were a reference to destroying the sample and results within a reasonably practicable time after the end of 7 years from the day the sample is taken.\nA reference in this Act or another Act to section 490 includes a reference to section 490 as modified by this section, if the context permits.\ns 490A prev s 490A ins 2011 No. 10 s 31\nom 2014 No. 34 s 35 sch 1\npres s 490A ins 2023 No. 34 s 4C\namd 2025 No. 7 s 48\n(sec.490A-ssec.1) This section applies in relation to a DNA sample and the results of a DNA analysis of the sample if— the sample is taken from a person suspected of having committed an indictable offence; and the sample is taken during the period— starting at the beginning of the day on 13 June 2022; and ending at the end of the day on 13 June 2025.\n(sec.490A-ssec.2) Section 490 (1) (d) applies in relation to the DNA sample and results as if— the reference to a proceeding for the indictable offence not starting within 1 year after the sample is taken were a reference to the proceeding not starting within 7 years after the sample is taken; and the reference to destroying the sample and results within a reasonably practicable time after the end of 1 year from the day the sample is taken were a reference to destroying the sample and results within a reasonably practicable time after the end of 7 years from the day the sample is taken.\n(sec.490A-ssec.3) A reference in this Act or another Act to section 490 includes a reference to section 490 as modified by this section, if the context permits.\n- (a) the sample is taken from a person suspected of having committed an indictable offence; and\n- (b) the sample is taken during the period— (i) starting at the beginning of the day on 13 June 2022; and (ii) ending at the end of the day on 13 June 2025.\n- (i) starting at the beginning of the day on 13 June 2022; and\n- (ii) ending at the end of the day on 13 June 2025.\n- (i) starting at the beginning of the day on 13 June 2022; and\n- (ii) ending at the end of the day on 13 June 2025.\n- (a) the reference to a proceeding for the indictable offence not starting within 1 year after the sample is taken were a reference to the proceeding not starting within 7 years after the sample is taken; and\n- (b) the reference to destroying the sample and results within a reasonably practicable time after the end of 1 year from the day the sample is taken were a reference to destroying the sample and results within a reasonably practicable time after the end of 7 years from the day the sample is taken.","sortOrder":930},{"sectionNumber":"sec.490AA","sectionType":"section","heading":"Modified destruction timeframes—DNA samples taken between 14 June 2025 and 14 June 2027","content":"### sec.490AA Modified destruction timeframes—DNA samples taken between 14 June 2025 and 14 June 2027\n\nThis section applies in relation to a DNA sample and the results of a DNA analysis of the sample if—\nthe sample is taken from a person suspected of having committed an indictable offence; and\nthe sample is taken during the period—\nstarting at the beginning of the day on 14 June 2025; and\nending at the end of the day on 14 June 2027.\nSection 490(1)(d) applies in relation to the DNA sample and results as if—\nthe reference to a proceeding for the indictable offence not starting within 1 year after the sample is taken were a reference to the proceeding not starting within 3 years after the sample is taken; and\nthe reference to destroying the sample and results within a reasonably practicable time after the end of 1 year from the day the sample is taken were a reference to destroying the sample and results within a reasonably practicable time after the end of 3 years from the day the sample is taken.\nA reference in this Act or another Act to section 490 includes a reference to section 490 as modified by this section, if the context permits.\ns 409AA ins 2025 No. 7 s 49\n(sec.490AA-ssec.1) This section applies in relation to a DNA sample and the results of a DNA analysis of the sample if— the sample is taken from a person suspected of having committed an indictable offence; and the sample is taken during the period— starting at the beginning of the day on 14 June 2025; and ending at the end of the day on 14 June 2027.\n(sec.490AA-ssec.2) Section 490(1)(d) applies in relation to the DNA sample and results as if— the reference to a proceeding for the indictable offence not starting within 1 year after the sample is taken were a reference to the proceeding not starting within 3 years after the sample is taken; and the reference to destroying the sample and results within a reasonably practicable time after the end of 1 year from the day the sample is taken were a reference to destroying the sample and results within a reasonably practicable time after the end of 3 years from the day the sample is taken.\n(sec.490AA-ssec.3) A reference in this Act or another Act to section 490 includes a reference to section 490 as modified by this section, if the context permits.\n- (a) the sample is taken from a person suspected of having committed an indictable offence; and\n- (b) the sample is taken during the period— (i) starting at the beginning of the day on 14 June 2025; and (ii) ending at the end of the day on 14 June 2027.\n- (i) starting at the beginning of the day on 14 June 2025; and\n- (ii) ending at the end of the day on 14 June 2027.\n- (i) starting at the beginning of the day on 14 June 2025; and\n- (ii) ending at the end of the day on 14 June 2027.\n- (a) the reference to a proceeding for the indictable offence not starting within 1 year after the sample is taken were a reference to the proceeding not starting within 3 years after the sample is taken; and\n- (b) the reference to destroying the sample and results within a reasonably practicable time after the end of 1 year from the day the sample is taken were a reference to destroying the sample and results within a reasonably practicable time after the end of 3 years from the day the sample is taken.","sortOrder":931},{"sectionNumber":"sec.490B","sectionType":"section","heading":"Modified powers and destruction requirements for review of particular DNA samples","content":"### sec.490B Modified powers and destruction requirements for review of particular DNA samples\n\nThis section applies in relation to a DNA sample and the results of a DNA analysis of the sample if—\nthe sample was taken from a person suspected of having committed an indictable offence (the relevant offence ); and\nthe sample was taken during the period—\nstarting at the beginning of the day on 1 January 2007; and\nending at the end of the day on 12 June 2022; and\nimmediately before the review period started, the DNA sample and results—\nwere required to be destroyed under section 490 ; but\nhad not been destroyed as required.\nThe DNA sample and results—\nare not required to be destroyed other than under this section; and\nmay be dealt with under this chapter as if they were not required to be destroyed other than under this section.\nThe DNA sample and results must be destroyed within a reasonably practicable time after—\nif a circumstance mentioned in section 490 (1) (a) , (b) or (c) occurs in relation to the relevant offence after the review period starts—the end of 1 year from the day mentioned in the paragraph for the circumstance; or\nif a proceeding for the relevant offence is not started before the end of the review period—the day the review period ends.\nHowever, subsection (3) does not apply if, after the review period starts, an excluding circumstance occurs in relation to the DNA sample.\nThe results may be destroyed in the way mentioned in section 490 (5) .\nA reference in this Act or another Act to section 490 includes a reference to this section, if the context permits.\nIn this section—\nexcluding circumstance , in relation to the DNA sample, means a circumstance mentioned in section 490 (2) , (3) or (4) that would have disapplied section 490 (1) if that section had applied in relation to the sample.\nreview period means the period—\nstarting at the beginning of the day on 4 December 2023; and\nending at the end of the day on 4 December 2030.\nThis section commenced on 4 December 2023.\ns 490B ins 2023 No. 34 s 4C\namd 2025 No. 7 s 50\n(sec.490B-ssec.1) This section applies in relation to a DNA sample and the results of a DNA analysis of the sample if— the sample was taken from a person suspected of having committed an indictable offence (the relevant offence ); and the sample was taken during the period— starting at the beginning of the day on 1 January 2007; and ending at the end of the day on 12 June 2022; and immediately before the review period started, the DNA sample and results— were required to be destroyed under section 490 ; but had not been destroyed as required.\n(sec.490B-ssec.2) The DNA sample and results— are not required to be destroyed other than under this section; and may be dealt with under this chapter as if they were not required to be destroyed other than under this section.\n(sec.490B-ssec.3) The DNA sample and results must be destroyed within a reasonably practicable time after— if a circumstance mentioned in section 490 (1) (a) , (b) or (c) occurs in relation to the relevant offence after the review period starts—the end of 1 year from the day mentioned in the paragraph for the circumstance; or if a proceeding for the relevant offence is not started before the end of the review period—the day the review period ends.\n(sec.490B-ssec.4) However, subsection (3) does not apply if, after the review period starts, an excluding circumstance occurs in relation to the DNA sample.\n(sec.490B-ssec.5) The results may be destroyed in the way mentioned in section 490 (5) .\n(sec.490B-ssec.6) A reference in this Act or another Act to section 490 includes a reference to this section, if the context permits.\n(sec.490B-ssec.7) In this section— excluding circumstance , in relation to the DNA sample, means a circumstance mentioned in section 490 (2) , (3) or (4) that would have disapplied section 490 (1) if that section had applied in relation to the sample. review period means the period— starting at the beginning of the day on 4 December 2023; and ending at the end of the day on 4 December 2030.\n- (a) the sample was taken from a person suspected of having committed an indictable offence (the relevant offence ); and\n- (b) the sample was taken during the period— (i) starting at the beginning of the day on 1 January 2007; and (ii) ending at the end of the day on 12 June 2022; and\n- (i) starting at the beginning of the day on 1 January 2007; and\n- (ii) ending at the end of the day on 12 June 2022; and\n- (c) immediately before the review period started, the DNA sample and results— (i) were required to be destroyed under section 490 ; but (ii) had not been destroyed as required.\n- (i) were required to be destroyed under section 490 ; but\n- (ii) had not been destroyed as required.\n- (i) starting at the beginning of the day on 1 January 2007; and\n- (ii) ending at the end of the day on 12 June 2022; and\n- (i) were required to be destroyed under section 490 ; but\n- (ii) had not been destroyed as required.\n- (a) are not required to be destroyed other than under this section; and\n- (b) may be dealt with under this chapter as if they were not required to be destroyed other than under this section.\n- (a) if a circumstance mentioned in section 490 (1) (a) , (b) or (c) occurs in relation to the relevant offence after the review period starts—the end of 1 year from the day mentioned in the paragraph for the circumstance; or\n- (b) if a proceeding for the relevant offence is not started before the end of the review period—the day the review period ends.\n- (a) starting at the beginning of the day on 4 December 2023; and\n- (b) ending at the end of the day on 4 December 2030.","sortOrder":932},{"sectionNumber":"ch.17-pt.5-div.5","sectionType":"division","heading":"DNA databases","content":"## DNA databases","sortOrder":933},{"sectionNumber":"sec.491","sectionType":"section","heading":"State DNA database","content":"### sec.491 State DNA database\n\nThe commissioner may record information obtained by a DNA analysis of a DNA sample taken under this chapter in a database in Queensland that is approved by the commissioner ( QDNA ).\nThe commissioner may also include in QDNA—\ninformation held by or for the commissioner and obtained by a DNA analysis of either of the following—\na sample, including blood, taken before or after the commencement of this section;\na thing a police officer reasonably suspects is evidence of the commission of an offence; and\ninformation obtained under an arrangement made under section 533 ; and\ninformation obtained from a declared agency if there is no arrangement made under section 533 relevant to the information.\nIf the commissioner considers it appropriate, the information may also be included in an appropriate QDNA index.\nIf the commissioner considers it appropriate, the commissioner may—\ntransfer information from one QDNA index to another QDNA index; or\nuse information in one QDNA index for the purposes of another QDNA index; or\ncompare information within a QDNA index; or\ncompare information in one QDNA index with information in another QDNA index.\ns 491 ins 2003 No. 49 s 10\namd 2004 No. 53 s 2 sch ; 2005 No. 45 s 3 sch 1\n(sec.491-ssec.1) The commissioner may record information obtained by a DNA analysis of a DNA sample taken under this chapter in a database in Queensland that is approved by the commissioner ( QDNA ).\n(sec.491-ssec.2) The commissioner may also include in QDNA— information held by or for the commissioner and obtained by a DNA analysis of either of the following— a sample, including blood, taken before or after the commencement of this section; a thing a police officer reasonably suspects is evidence of the commission of an offence; and information obtained under an arrangement made under section 533 ; and information obtained from a declared agency if there is no arrangement made under section 533 relevant to the information.\n(sec.491-ssec.3) If the commissioner considers it appropriate, the information may also be included in an appropriate QDNA index.\n(sec.491-ssec.4) If the commissioner considers it appropriate, the commissioner may— transfer information from one QDNA index to another QDNA index; or use information in one QDNA index for the purposes of another QDNA index; or compare information within a QDNA index; or compare information in one QDNA index with information in another QDNA index.\n- (a) information held by or for the commissioner and obtained by a DNA analysis of either of the following— (i) a sample, including blood, taken before or after the commencement of this section; (ii) a thing a police officer reasonably suspects is evidence of the commission of an offence; and\n- (i) a sample, including blood, taken before or after the commencement of this section;\n- (ii) a thing a police officer reasonably suspects is evidence of the commission of an offence; and\n- (b) information obtained under an arrangement made under section 533 ; and\n- (c) information obtained from a declared agency if there is no arrangement made under section 533 relevant to the information.\n- (i) a sample, including blood, taken before or after the commencement of this section;\n- (ii) a thing a police officer reasonably suspects is evidence of the commission of an offence; and\n- (a) transfer information from one QDNA index to another QDNA index; or\n- (b) use information in one QDNA index for the purposes of another QDNA index; or\n- (c) compare information within a QDNA index; or\n- (d) compare information in one QDNA index with information in another QDNA index.","sortOrder":934},{"sectionNumber":"sec.492","sectionType":"section","heading":"Transmitting information to the ACC","content":"### sec.492 Transmitting information to the ACC\n\nThe commissioner may transmit to the ACC information kept in QDNA for inclusion in the ACC database for the purpose of the ACC, on behalf of the commissioner—\ncomparing the information; or\ncomparing the information with other information supplied to the ACC by a declared agency.\nThe comparison mentioned in subsection (1) may happen at any time.\nThe commissioner may enter into an arrangement with the ACC about how, and in what circumstances, information transmitted to it by the commissioner may be compared, kept or otherwise managed.\nSubsection (1) is not dependent on the existence of an arrangement made under section 533 .\ns 492 ins 2003 No. 49 s 10\namd 2005 No. 45 s 3 sch 1 ; 2016 No. 48 s 18 sch 1 amdts 8–10 (retro)\n(sec.492-ssec.1) The commissioner may transmit to the ACC information kept in QDNA for inclusion in the ACC database for the purpose of the ACC, on behalf of the commissioner— comparing the information; or comparing the information with other information supplied to the ACC by a declared agency.\n(sec.492-ssec.2) The comparison mentioned in subsection (1) may happen at any time.\n(sec.492-ssec.3) The commissioner may enter into an arrangement with the ACC about how, and in what circumstances, information transmitted to it by the commissioner may be compared, kept or otherwise managed.\n(sec.492-ssec.4) Subsection (1) is not dependent on the existence of an arrangement made under section 533 .\n- (a) comparing the information; or\n- (b) comparing the information with other information supplied to the ACC by a declared agency.","sortOrder":935},{"sectionNumber":"sec.493","sectionType":"section","heading":"Use of QDNA or ACC database","content":"### sec.493 Use of QDNA or ACC database\n\nIt is lawful for the commissioner to use QDNA or the ACC database for performing any function of the police service.\ns 493 ins 2003 No. 49 s 10\namd 2016 No. 48 s 18 sch 1 amdt 11 (retro)","sortOrder":936},{"sectionNumber":"sec.494","sectionType":"section","heading":"Limitation on use of results of DNA analysis","content":"### sec.494 Limitation on use of results of DNA analysis\n\nThe use of the results of a DNA analysis under section 489 , 491 (4) , 492 or 493 is subject to—\nany limitation made under section 454 (1) (g) that applies to that analysis; or\nsection 479 .\nThe results of a DNA analysis must not be compared with the results of another DNA analysis that is in a QDNA index unless a table prescribed under a regulation permits the comparison.\nThe table must not permit a comparison that is contrary to—\nany limitation made under section 454 (1) (g) that applies to that analysis; or\nsection 479 .\nA regulation may exempt a comparison of the results of DNA analyses from subsection (2) .\nA regulation may prescribe the types of QDNA indexes and the type of information that may be included in each index.\ns 494 ins 2003 No. 49 s 10\n(sec.494-ssec.1) The use of the results of a DNA analysis under section 489 , 491 (4) , 492 or 493 is subject to— any limitation made under section 454 (1) (g) that applies to that analysis; or section 479 .\n(sec.494-ssec.2) The results of a DNA analysis must not be compared with the results of another DNA analysis that is in a QDNA index unless a table prescribed under a regulation permits the comparison.\n(sec.494-ssec.3) The table must not permit a comparison that is contrary to— any limitation made under section 454 (1) (g) that applies to that analysis; or section 479 .\n(sec.494-ssec.4) A regulation may exempt a comparison of the results of DNA analyses from subsection (2) .\n(sec.494-ssec.5) A regulation may prescribe the types of QDNA indexes and the type of information that may be included in each index.\n- (a) any limitation made under section 454 (1) (g) that applies to that analysis; or\n- (b) section 479 .\n- (a) any limitation made under section 454 (1) (g) that applies to that analysis; or\n- (b) section 479 .","sortOrder":937},{"sectionNumber":"ch.17-pt.6","sectionType":"part","heading":"Non-medical examinations","content":"# Non-medical examinations","sortOrder":938},{"sectionNumber":"sec.495","sectionType":"section","heading":"Application of pt 6","content":"### sec.495 Application of pt 6\n\nThis part applies if a police officer is satisfied performing a non-medical examination on a person may provide evidence of the commission of an indictable offence.\ns 495 ins 2003 No. 49 s 10","sortOrder":939},{"sectionNumber":"sec.496","sectionType":"section","heading":"Definition for pt 6","content":"### sec.496 Definition for pt 6\n\nIn this part—\nauthorised police officer means—\nif the police officer seeking approval under section 498 (3) —\nholds rank below the rank of senior sergeant—a police officer of at least the rank of senior sergeant; or\nholds the rank of senior sergeant or above—a police officer who is more senior than the police officer seeking approval; or\nin any case—\nthe police officer in charge of a police station or police establishment; or\na police officer performing functions for the police service as a scientific officer or scenes of crime officer.\ns 496 ins 2003 No. 49 s 10\n- (a) if the police officer seeking approval under section 498 (3) — (i) holds rank below the rank of senior sergeant—a police officer of at least the rank of senior sergeant; or (ii) holds the rank of senior sergeant or above—a police officer who is more senior than the police officer seeking approval; or\n- (i) holds rank below the rank of senior sergeant—a police officer of at least the rank of senior sergeant; or\n- (ii) holds the rank of senior sergeant or above—a police officer who is more senior than the police officer seeking approval; or\n- (b) in any case— (i) the police officer in charge of a police station or police establishment; or (ii) a police officer performing functions for the police service as a scientific officer or scenes of crime officer.\n- (i) the police officer in charge of a police station or police establishment; or\n- (ii) a police officer performing functions for the police service as a scientific officer or scenes of crime officer.\n- (i) holds rank below the rank of senior sergeant—a police officer of at least the rank of senior sergeant; or\n- (ii) holds the rank of senior sergeant or above—a police officer who is more senior than the police officer seeking approval; or\n- (i) the police officer in charge of a police station or police establishment; or\n- (ii) a police officer performing functions for the police service as a scientific officer or scenes of crime officer.","sortOrder":940},{"sectionNumber":"sec.497","sectionType":"section","heading":"Commissioner may authorise police officer to perform non-medical examinations","content":"### sec.497 Commissioner may authorise police officer to perform non-medical examinations\n\nThe commissioner may authorise a police officer to perform non-medical examinations.\nHowever, the commissioner may authorise a police officer only if the commissioner is satisfied the police officer—\nhas the necessary experience or expertise to be able to perform the examinations; or\nhas satisfactorily completed a course of training approved by the commissioner for the purpose.\ns 497 ins 2003 No. 49 s 10\n(sec.497-ssec.1) The commissioner may authorise a police officer to perform non-medical examinations.\n(sec.497-ssec.2) However, the commissioner may authorise a police officer only if the commissioner is satisfied the police officer— has the necessary experience or expertise to be able to perform the examinations; or has satisfactorily completed a course of training approved by the commissioner for the purpose.\n- (a) has the necessary experience or expertise to be able to perform the examinations; or\n- (b) has satisfactorily completed a course of training approved by the commissioner for the purpose.","sortOrder":941},{"sectionNumber":"sec.498","sectionType":"section","heading":"Examination if proceeding started against adult by arrest, notice to appear or complaint and summons","content":"### sec.498 Examination if proceeding started against adult by arrest, notice to appear or complaint and summons\n\nThis section applies if a police officer—\nstarts or continues a proceeding for an indictable offence against an adult by arrest; or\nstarts a proceeding for an indictable offence against an adult by notice to appear or complaint and summons.\nA police officer may detain the person for a reasonable time, of not more than 1 hour, to obtain the approval of an authorised police officer under subsection (3) to perform a non-medical examination on the person.\nA police officer may, with the approval of an authorised police officer, detain the person for the time reasonably necessary to perform the examination on the person and, if necessary, take the person to a place with appropriate facilities for performing the examination.\nBefore approving the detention of the person, the authorised police officer must be satisfied performing the examination may provide evidence of the commission of an indictable offence.\nAn authorised examiner may perform a non-medical examination on a person detained under an approval of an authorised police officer under this section.\ns 498 ins 2003 No. 49 s 10\n(sec.498-ssec.1) This section applies if a police officer— starts or continues a proceeding for an indictable offence against an adult by arrest; or starts a proceeding for an indictable offence against an adult by notice to appear or complaint and summons.\n(sec.498-ssec.2) A police officer may detain the person for a reasonable time, of not more than 1 hour, to obtain the approval of an authorised police officer under subsection (3) to perform a non-medical examination on the person.\n(sec.498-ssec.3) A police officer may, with the approval of an authorised police officer, detain the person for the time reasonably necessary to perform the examination on the person and, if necessary, take the person to a place with appropriate facilities for performing the examination.\n(sec.498-ssec.4) Before approving the detention of the person, the authorised police officer must be satisfied performing the examination may provide evidence of the commission of an indictable offence.\n(sec.498-ssec.5) An authorised examiner may perform a non-medical examination on a person detained under an approval of an authorised police officer under this section.\n- (a) starts or continues a proceeding for an indictable offence against an adult by arrest; or\n- (b) starts a proceeding for an indictable offence against an adult by notice to appear or complaint and summons.","sortOrder":942},{"sectionNumber":"sec.499","sectionType":"section","heading":"Non-medical examination notice","content":"### sec.499 Non-medical examination notice\n\nThis section applies if a police officer—\nstarts or continues a proceeding for an indictable offence against an adult by arrest and intends to release the person under section 377 (2) (b) ; or\ndecides to start, or continues, a proceeding for an indictable offence against an adult by notice to appear or complaint and summons;\nand decides it is not necessary to immediately perform a non-medical examination on the person.\nWith the approval of an authorised police officer, a police officer may, by written notice ( non-medical examination notice ) given to the person, require the person to report to a police officer at a stated police station or police establishment to enable an authorised examiner to perform a non-medical examination on the person.\nBefore approving the issue of a non-medical examination notice, the authorised police officer must be satisfied performing the examination may provide evidence of the commission of an indictable offence.\nAn authorised examiner may perform a non-medical examination on a person who attends at a police station or police establishment as required under a non-medical examination notice.\ns 499 ins 2003 No. 49 s 10\n(sec.499-ssec.1) This section applies if a police officer— starts or continues a proceeding for an indictable offence against an adult by arrest and intends to release the person under section 377 (2) (b) ; or decides to start, or continues, a proceeding for an indictable offence against an adult by notice to appear or complaint and summons; and decides it is not necessary to immediately perform a non-medical examination on the person.\n(sec.499-ssec.2) With the approval of an authorised police officer, a police officer may, by written notice ( non-medical examination notice ) given to the person, require the person to report to a police officer at a stated police station or police establishment to enable an authorised examiner to perform a non-medical examination on the person.\n(sec.499-ssec.3) Before approving the issue of a non-medical examination notice, the authorised police officer must be satisfied performing the examination may provide evidence of the commission of an indictable offence.\n(sec.499-ssec.4) An authorised examiner may perform a non-medical examination on a person who attends at a police station or police establishment as required under a non-medical examination notice.\n- (a) starts or continues a proceeding for an indictable offence against an adult by arrest and intends to release the person under section 377 (2) (b) ; or\n- (b) decides to start, or continues, a proceeding for an indictable offence against an adult by notice to appear or complaint and summons;","sortOrder":943},{"sectionNumber":"sec.500","sectionType":"section","heading":"Requirements for non-medical examination notice","content":"### sec.500 Requirements for non-medical examination notice\n\nA non-medical examination notice—\nmust require the person to report to a police officer at a stated police station or police establishment—\nwithin 7 days after the issue of the notice; or\non a stated day or within stated hours within 7 days after the issue of the notice;\nto enable an authorised examiner to perform a non-medical examination on the person; and\nmust state—\nit is an offence to fail to comply with the notice; and\nthat, before the examination is performed, the person must produce to a police officer satisfactory evidence of identity; and\nmust be given to the person—\nif section 499 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or\nif section 499 (1) (b) applies, with the notice to appear or complaint and summons; and\nmust be signed by the police officer giving the notice.\ns 500 ins 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n- (a) must require the person to report to a police officer at a stated police station or police establishment— (i) within 7 days after the issue of the notice; or (ii) on a stated day or within stated hours within 7 days after the issue of the notice; to enable an authorised examiner to perform a non-medical examination on the person; and\n- (i) within 7 days after the issue of the notice; or\n- (ii) on a stated day or within stated hours within 7 days after the issue of the notice;\n- (b) must state— (i) it is an offence to fail to comply with the notice; and (ii) that, before the examination is performed, the person must produce to a police officer satisfactory evidence of identity; and\n- (i) it is an offence to fail to comply with the notice; and\n- (ii) that, before the examination is performed, the person must produce to a police officer satisfactory evidence of identity; and\n- (c) must be given to the person— (i) if section 499 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or (ii) if section 499 (1) (b) applies, with the notice to appear or complaint and summons; and\n- (i) if section 499 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or\n- (ii) if section 499 (1) (b) applies, with the notice to appear or complaint and summons; and\n- (d) must be signed by the police officer giving the notice.\n- (i) within 7 days after the issue of the notice; or\n- (ii) on a stated day or within stated hours within 7 days after the issue of the notice;\n- (i) it is an offence to fail to comply with the notice; and\n- (ii) that, before the examination is performed, the person must produce to a police officer satisfactory evidence of identity; and\n- (i) if section 499 (1) (a) applies, with the notice to appear or summons mentioned in section 377 (2) (b) ; or\n- (ii) if section 499 (1) (b) applies, with the notice to appear or complaint and summons; and","sortOrder":944},{"sectionNumber":"ch.17-pt.7","sectionType":"part","heading":"Forensic procedures performed by doctors, dentists and forensic nurse examiners","content":"# Forensic procedures performed by doctors, dentists and forensic nurse examiners","sortOrder":945},{"sectionNumber":"ch.17-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":946},{"sectionNumber":"sec.501","sectionType":"section","heading":"Application of pt 7","content":"### sec.501 Application of pt 7\n\nThis part applies to the performance of a forensic procedure by a doctor, dentist or forensic nurse examiner (each a forensic examiner ) under this chapter other than the taking of a DNA sample under part 5 .\nNothing in this part requires a person who has custody of an independent person mentioned in section 503 (b) to deliver the independent person to the place where a forensic procedure is to be performed by a forensic examiner.\nAlso, nothing in this part requires a police officer to allow a relevant person to telephone or speak to an independent person, or allow an independent person to be present while a forensic procedure is being performed by a forensic examiner—\nif the police officer reasonably suspects the independent person is an accomplice or accessory of the relevant person; or\nif the police officer considers that to do so is likely to result in—\nan accomplice or accessory of the relevant person taking steps to avoid apprehension; or\nevidence being concealed, fabricated or destroyed; or\na witness being intimidated.\ns 501 ins 2003 No. 49 s 10\namd 2014 No. 1 s 23\n(sec.501-ssec.1) This part applies to the performance of a forensic procedure by a doctor, dentist or forensic nurse examiner (each a forensic examiner ) under this chapter other than the taking of a DNA sample under part 5 .\n(sec.501-ssec.2) Nothing in this part requires a person who has custody of an independent person mentioned in section 503 (b) to deliver the independent person to the place where a forensic procedure is to be performed by a forensic examiner.\n(sec.501-ssec.3) Also, nothing in this part requires a police officer to allow a relevant person to telephone or speak to an independent person, or allow an independent person to be present while a forensic procedure is being performed by a forensic examiner— if the police officer reasonably suspects the independent person is an accomplice or accessory of the relevant person; or if the police officer considers that to do so is likely to result in— an accomplice or accessory of the relevant person taking steps to avoid apprehension; or evidence being concealed, fabricated or destroyed; or a witness being intimidated.\n- (a) if the police officer reasonably suspects the independent person is an accomplice or accessory of the relevant person; or\n- (b) if the police officer considers that to do so is likely to result in— (i) an accomplice or accessory of the relevant person taking steps to avoid apprehension; or (ii) evidence being concealed, fabricated or destroyed; or (iii) a witness being intimidated.\n- (i) an accomplice or accessory of the relevant person taking steps to avoid apprehension; or\n- (ii) evidence being concealed, fabricated or destroyed; or\n- (iii) a witness being intimidated.\n- (i) an accomplice or accessory of the relevant person taking steps to avoid apprehension; or\n- (ii) evidence being concealed, fabricated or destroyed; or\n- (iii) a witness being intimidated.","sortOrder":947},{"sectionNumber":"ch.17-pt.7-div.2","sectionType":"division","heading":"Actions by police officers and presence of independent persons","content":"## Actions by police officers and presence of independent persons","sortOrder":948},{"sectionNumber":"sec.502","sectionType":"section","heading":"When forensic examiner may be asked to perform forensic procedure","content":"### sec.502 When forensic examiner may be asked to perform forensic procedure\n\nA police officer may ask a forensic examiner to perform a forensic procedure on a person only if the performance of the procedure is authorised under a forensic procedure consent or a forensic procedure order.\nIf the forensic procedure is to be performed under a forensic procedure order, the police officer must give the forensic examiner a copy of the order.\ns 502 ins 2003 No. 49 s 10\nsub 2014 No. 1 s 24\namd 2024 No. 24 s 35\n(sec.502-ssec.1) A police officer may ask a forensic examiner to perform a forensic procedure on a person only if the performance of the procedure is authorised under a forensic procedure consent or a forensic procedure order.\n(sec.502-ssec.2) If the forensic procedure is to be performed under a forensic procedure order, the police officer must give the forensic examiner a copy of the order.","sortOrder":949},{"sectionNumber":"sec.503","sectionType":"section","heading":"What person must be told before forensic examiner performs a forensic procedure","content":"### sec.503 What person must be told before forensic examiner performs a forensic procedure\n\nBefore a forensic examiner performs a forensic procedure on a person, a police officer must tell the person—\nif the procedure is authorised under a forensic procedure order—a forensic procedure may be performed on the person without the person’s consent because a forensic procedure order authorises its performance; and\nthat the person has the right to have 2 people (each of whom is an independent person ) of the person’s choice present while it is being performed; and\nthat, for exercising the right mentioned in paragraph (b) , the person may—\ntelephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present while the procedure is being performed; and\ntelephone or speak to a lawyer and arrange, or attempt to arrange, for the lawyer to be present while the procedure is being performed.\ns 503 ins 2003 No. 49 s 10\namd 2014 No. 1 s 25 ; 2024 No. 24 s 57 sch 1 pt 2\n- (a) if the procedure is authorised under a forensic procedure order—a forensic procedure may be performed on the person without the person’s consent because a forensic procedure order authorises its performance; and\n- (b) that the person has the right to have 2 people (each of whom is an independent person ) of the person’s choice present while it is being performed; and\n- (c) that, for exercising the right mentioned in paragraph (b) , the person may— (i) telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present while the procedure is being performed; and (ii) telephone or speak to a lawyer and arrange, or attempt to arrange, for the lawyer to be present while the procedure is being performed.\n- (i) telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present while the procedure is being performed; and\n- (ii) telephone or speak to a lawyer and arrange, or attempt to arrange, for the lawyer to be present while the procedure is being performed.\n- (i) telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present while the procedure is being performed; and\n- (ii) telephone or speak to a lawyer and arrange, or attempt to arrange, for the lawyer to be present while the procedure is being performed.","sortOrder":950},{"sectionNumber":"sec.504","sectionType":"section","heading":"Arrangements for attendance of independent person","content":"### sec.504 Arrangements for attendance of independent person\n\nThe police officer must delay performing the forensic procedure for a reasonable time to allow the relevant person to telephone or speak to a person mentioned in section 503 (c) .\nWhat is a reasonable time to delay performing the procedure to allow the relevant person to speak to an independent person will depend on the particular circumstances, including, for example, the relevant person’s age and the nature of the proposed procedure.\nIf the relevant person arranges for an independent person to be present, the police officer must delay performing the procedure for a reasonable time to allow the independent person to arrive.\nWhat is a reasonable time to delay performing the procedure to allow the independent person to arrive will depend on the particular circumstances, including, for example—\nhow far the independent person has to travel to the place where the forensic procedure is to be performed; and\nwhen the independent person was expected to arrive at the place.\nThe State is not responsible for paying any costs of the independent person’s attendance.\nUnless special circumstances exist, a delay of more than 2 hours may be unreasonable.\ns 504 ins 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.504-ssec.1) The police officer must delay performing the forensic procedure for a reasonable time to allow the relevant person to telephone or speak to a person mentioned in section 503 (c) .\n(sec.504-ssec.2) What is a reasonable time to delay performing the procedure to allow the relevant person to speak to an independent person will depend on the particular circumstances, including, for example, the relevant person’s age and the nature of the proposed procedure.\n(sec.504-ssec.3) If the relevant person arranges for an independent person to be present, the police officer must delay performing the procedure for a reasonable time to allow the independent person to arrive.\n(sec.504-ssec.4) What is a reasonable time to delay performing the procedure to allow the independent person to arrive will depend on the particular circumstances, including, for example— how far the independent person has to travel to the place where the forensic procedure is to be performed; and when the independent person was expected to arrive at the place.\n(sec.504-ssec.5) The State is not responsible for paying any costs of the independent person’s attendance.\n(sec.504-ssec.6) Unless special circumstances exist, a delay of more than 2 hours may be unreasonable.\n- (a) how far the independent person has to travel to the place where the forensic procedure is to be performed; and\n- (b) when the independent person was expected to arrive at the place.","sortOrder":951},{"sectionNumber":"sec.505","sectionType":"section","heading":"Speaking to and presence of independent person","content":"### sec.505 Speaking to and presence of independent person\n\nThis section applies if the independent person arrives.\nIf the relevant person asks to speak to the independent person, the investigating police officer must—\nas soon as practicable, provide reasonable facilities to enable the relevant person to speak to the independent person; and\nif the relevant person is a child and it is reasonably practicable to do so—allow the relevant person to speak to the independent person in circumstances in which the conversation can not be overheard; and\nin any case—if the independent person is a lawyer and it is reasonably practicable to do so, allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.\nIf the relevant person asks that the independent person be present while the forensic procedure is being performed, the investigating police officer must allow the independent person to be present and give advice to the relevant person during the performance of the procedure.\ns 505 ins 2003 No. 49 s 10\n(sec.505-ssec.1) This section applies if the independent person arrives.\n(sec.505-ssec.2) If the relevant person asks to speak to the independent person, the investigating police officer must— as soon as practicable, provide reasonable facilities to enable the relevant person to speak to the independent person; and if the relevant person is a child and it is reasonably practicable to do so—allow the relevant person to speak to the independent person in circumstances in which the conversation can not be overheard; and in any case—if the independent person is a lawyer and it is reasonably practicable to do so, allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.\n(sec.505-ssec.3) If the relevant person asks that the independent person be present while the forensic procedure is being performed, the investigating police officer must allow the independent person to be present and give advice to the relevant person during the performance of the procedure.\n- (a) as soon as practicable, provide reasonable facilities to enable the relevant person to speak to the independent person; and\n- (b) if the relevant person is a child and it is reasonably practicable to do so—allow the relevant person to speak to the independent person in circumstances in which the conversation can not be overheard; and\n- (c) in any case—if the independent person is a lawyer and it is reasonably practicable to do so, allow the relevant person to speak to the lawyer in circumstances in which the conversation can not be overheard.","sortOrder":952},{"sectionNumber":"sec.506","sectionType":"section","heading":"Absence of independent person does not affect lawfulness of custody etc.","content":"### sec.506 Absence of independent person does not affect lawfulness of custody etc.\n\nThis section applies if a relevant person wishes to have an independent person present while a forensic procedure is being performed on the person and—\nafter having indicated a willingness and ability to attend—the independent person fails to attend within a reasonable time; or\nevidence is likely to be lost or destroyed if the forensic procedure is delayed to allow the independent person to attend.\nThe lawfulness of the detention in custody of the relevant person or of the performance of the forensic procedure is not affected by the absence, while the procedure is being performed, of the independent person.\ns 506 ins 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.506-ssec.1) This section applies if a relevant person wishes to have an independent person present while a forensic procedure is being performed on the person and— after having indicated a willingness and ability to attend—the independent person fails to attend within a reasonable time; or evidence is likely to be lost or destroyed if the forensic procedure is delayed to allow the independent person to attend.\n(sec.506-ssec.2) The lawfulness of the detention in custody of the relevant person or of the performance of the forensic procedure is not affected by the absence, while the procedure is being performed, of the independent person.\n- (a) after having indicated a willingness and ability to attend—the independent person fails to attend within a reasonable time; or\n- (b) evidence is likely to be lost or destroyed if the forensic procedure is delayed to allow the independent person to attend.","sortOrder":953},{"sectionNumber":"sec.507","sectionType":"section","heading":"When police officer may exclude independent person","content":"### sec.507 When police officer may exclude independent person\n\nIf a police officer considers an independent person is unreasonably interfering with the performance of a forensic procedure, the police officer may exclude the independent person from being present while the procedure is being performed.\nBefore excluding the independent person, the police officer must—\nwarn the person not to unreasonably interfere with the performance of the procedure; and\ntell the person that the person may be excluded from being present if the person continues to unreasonably interfere with the performance of the procedure; and\ngive the person 1 opportunity to stop unreasonably interfering.\ns 507 ins 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.507-ssec.1) If a police officer considers an independent person is unreasonably interfering with the performance of a forensic procedure, the police officer may exclude the independent person from being present while the procedure is being performed.\n(sec.507-ssec.2) Before excluding the independent person, the police officer must— warn the person not to unreasonably interfere with the performance of the procedure; and tell the person that the person may be excluded from being present if the person continues to unreasonably interfere with the performance of the procedure; and give the person 1 opportunity to stop unreasonably interfering.\n- (a) warn the person not to unreasonably interfere with the performance of the procedure; and\n- (b) tell the person that the person may be excluded from being present if the person continues to unreasonably interfere with the performance of the procedure; and\n- (c) give the person 1 opportunity to stop unreasonably interfering.","sortOrder":954},{"sectionNumber":"sec.508","sectionType":"section","heading":"Action by police officer if independent person excluded","content":"### sec.508 Action by police officer if independent person excluded\n\nThis section applies if a police officer excludes an independent person from being present while a forensic procedure is being performed on a person.\nThe police officer must—\nadvise the person that the person may telephone or speak to another independent person, to ask the person to be present while the procedure is being performed; and\nif the person arranges for another independent person to be present—delay the performance of the procedure for a reasonable time to allow the other independent person to be present while the procedure is being performed.\nAlso, the police officer must arrange for someone else to be present while the procedure is being performed if the person on whom the procedure is being performed—\nis a child or a person with impaired capacity; and\nhas not arranged for another independent person to be present while the procedure is being performed.\ns 508 ins 2003 No. 49 s 10\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.508-ssec.1) This section applies if a police officer excludes an independent person from being present while a forensic procedure is being performed on a person.\n(sec.508-ssec.2) The police officer must— advise the person that the person may telephone or speak to another independent person, to ask the person to be present while the procedure is being performed; and if the person arranges for another independent person to be present—delay the performance of the procedure for a reasonable time to allow the other independent person to be present while the procedure is being performed.\n(sec.508-ssec.3) Also, the police officer must arrange for someone else to be present while the procedure is being performed if the person on whom the procedure is being performed— is a child or a person with impaired capacity; and has not arranged for another independent person to be present while the procedure is being performed.\n- (a) advise the person that the person may telephone or speak to another independent person, to ask the person to be present while the procedure is being performed; and\n- (b) if the person arranges for another independent person to be present—delay the performance of the procedure for a reasonable time to allow the other independent person to be present while the procedure is being performed.\n- (a) is a child or a person with impaired capacity; and\n- (b) has not arranged for another independent person to be present while the procedure is being performed.","sortOrder":955},{"sectionNumber":"ch.17-pt.7-div.3","sectionType":"division","heading":"Performing forensic procedures","content":"## Performing forensic procedures","sortOrder":956},{"sectionNumber":"sec.509","sectionType":"section","heading":"Doctor’s powers","content":"### sec.509 Doctor’s powers\n\nThis section applies if a police officer asks a doctor under section 502 to perform a forensic procedure on a person.\nThe doctor may perform a forensic procedure that may provide evidence of the commission of the offence to which the forensic procedure consent or forensic procedure order relates.\nIf the doctor is performing an intimate forensic procedure and considers it reasonably necessary to also perform a non-intimate forensic procedure or a medical examination the doctor may also perform a non-intimate forensic procedure or a medical examination on the person that may provide evidence of the commission of the offence.\nThe doctor may act under subsection (3) whether or not it is necessary to do so to enable the doctor to perform the intimate forensic procedure.\ns 509 ins 2003 No. 49 s 10\n(sec.509-ssec.1) This section applies if a police officer asks a doctor under section 502 to perform a forensic procedure on a person.\n(sec.509-ssec.2) The doctor may perform a forensic procedure that may provide evidence of the commission of the offence to which the forensic procedure consent or forensic procedure order relates.\n(sec.509-ssec.3) If the doctor is performing an intimate forensic procedure and considers it reasonably necessary to also perform a non-intimate forensic procedure or a medical examination the doctor may also perform a non-intimate forensic procedure or a medical examination on the person that may provide evidence of the commission of the offence.\n(sec.509-ssec.4) The doctor may act under subsection (3) whether or not it is necessary to do so to enable the doctor to perform the intimate forensic procedure.","sortOrder":957},{"sectionNumber":"sec.509A","sectionType":"section","heading":"Forensic nurse examiner’s powers","content":"### sec.509A Forensic nurse examiner’s powers\n\nThis section applies if a police officer asks a forensic nurse examiner to perform a forensic procedure on a person under section 502 .\nThe forensic nurse examiner may perform a forensic procedure that may provide evidence of the commission of the offence to which the forensic procedure consent or forensic procedure order relates.\nIf the forensic nurse examiner is performing an intimate forensic procedure and considers it reasonably necessary to also perform a non-intimate forensic procedure, the forensic nurse examiner may also perform a non-intimate forensic procedure on the person that may provide evidence of the commission of the offence.\nThe forensic nurse examiner may act under subsection (3) whether or not it is necessary to do so to enable the forensic nurse examiner to perform the intimate forensic procedure.\ns 509A ins 2014 No. 1 s 26\n(sec.509A-ssec.1) This section applies if a police officer asks a forensic nurse examiner to perform a forensic procedure on a person under section 502 .\n(sec.509A-ssec.2) The forensic nurse examiner may perform a forensic procedure that may provide evidence of the commission of the offence to which the forensic procedure consent or forensic procedure order relates.\n(sec.509A-ssec.3) If the forensic nurse examiner is performing an intimate forensic procedure and considers it reasonably necessary to also perform a non-intimate forensic procedure, the forensic nurse examiner may also perform a non-intimate forensic procedure on the person that may provide evidence of the commission of the offence.\n(sec.509A-ssec.4) The forensic nurse examiner may act under subsection (3) whether or not it is necessary to do so to enable the forensic nurse examiner to perform the intimate forensic procedure.","sortOrder":958},{"sectionNumber":"sec.510","sectionType":"section","heading":"Dentist’s powers","content":"### sec.510 Dentist’s powers\n\nThis section applies if a police officer asks a dentist to perform a forensic procedure on a person under section 502 .\nThe dentist may perform a forensic procedure to the extent mentioned in section 446 that may provide evidence of the commission of the offence to which the forensic procedure consent or forensic procedure order relates.\ns 510 ins 2003 No. 49 s 10\n(sec.510-ssec.1) This section applies if a police officer asks a dentist to perform a forensic procedure on a person under section 502 .\n(sec.510-ssec.2) The dentist may perform a forensic procedure to the extent mentioned in section 446 that may provide evidence of the commission of the offence to which the forensic procedure consent or forensic procedure order relates.","sortOrder":959},{"sectionNumber":"sec.511","sectionType":"section","heading":"Samples and results of analysis to be given to person","content":"### sec.511 Samples and results of analysis to be given to person\n\nA forensic examiner who takes a sample or other thing from another person in performing an intimate forensic procedure under this chapter must give the other person, or someone nominated by the person, a part of the sample or thing or an equivalent sample or thing for the other person’s own purposes.\nHowever, subsection (1) does not apply if—\nit is not practicable to give a part of the sample or thing or an equivalent sample or thing to the other person; or\nThe size of the sample taken is too small to effectively provide the person with an equivalent sample.\nin the case of a sample, an equivalent sample for the purpose may be taken from the other person’s body at any time.\na sample of blood taken for DNA analysis\nAlso, if a doctor or forensic nurse examiner considers complying with subsection (1) may be inappropriate because, for example, the part or equivalent sample or thing may be used to, or could, transmit a communicable disease, the doctor or forensic nurse examiner may instead send, at the other person’s expense, the part or equivalent sample or thing to a doctor nominated by the other person or by the other person’s lawyer for safe custody.\nIf the other person or the other person’s lawyer does not nominate a doctor, the doctor or forensic nurse examiner taking the sample or thing need not provide the part or equivalent sample or thing and the part or equivalent sample or thing intended to be given to the other person may be destroyed.\nAs soon as reasonably practicable after a police officer is given the results of an analysis conducted using a sample or other thing taken as mentioned in subsection (1) , the police officer must give the person to whom the results relate, or someone nominated by the person, a copy of the results.\ns 511 ins 2003 No. 49 s 10\namd 2014 No. 1 s 27\n(sec.511-ssec.1) A forensic examiner who takes a sample or other thing from another person in performing an intimate forensic procedure under this chapter must give the other person, or someone nominated by the person, a part of the sample or thing or an equivalent sample or thing for the other person’s own purposes.\n(sec.511-ssec.2) However, subsection (1) does not apply if— it is not practicable to give a part of the sample or thing or an equivalent sample or thing to the other person; or The size of the sample taken is too small to effectively provide the person with an equivalent sample. in the case of a sample, an equivalent sample for the purpose may be taken from the other person’s body at any time. a sample of blood taken for DNA analysis\n(sec.511-ssec.3) Also, if a doctor or forensic nurse examiner considers complying with subsection (1) may be inappropriate because, for example, the part or equivalent sample or thing may be used to, or could, transmit a communicable disease, the doctor or forensic nurse examiner may instead send, at the other person’s expense, the part or equivalent sample or thing to a doctor nominated by the other person or by the other person’s lawyer for safe custody.\n(sec.511-ssec.4) If the other person or the other person’s lawyer does not nominate a doctor, the doctor or forensic nurse examiner taking the sample or thing need not provide the part or equivalent sample or thing and the part or equivalent sample or thing intended to be given to the other person may be destroyed.\n(sec.511-ssec.5) As soon as reasonably practicable after a police officer is given the results of an analysis conducted using a sample or other thing taken as mentioned in subsection (1) , the police officer must give the person to whom the results relate, or someone nominated by the person, a copy of the results.\n- (a) it is not practicable to give a part of the sample or thing or an equivalent sample or thing to the other person; or Example— The size of the sample taken is too small to effectively provide the person with an equivalent sample.\n- (b) in the case of a sample, an equivalent sample for the purpose may be taken from the other person’s body at any time. Example— a sample of blood taken for DNA analysis","sortOrder":960},{"sectionNumber":"ch.17-pt.8","sectionType":"part","heading":"Matters relating to performing forensic procedures","content":"# Matters relating to performing forensic procedures","sortOrder":961},{"sectionNumber":"sec.512","sectionType":"section","heading":"Right to interpreter","content":"### sec.512 Right to interpreter\n\nThis section applies if a police officer reasonably suspects a relevant person is unable, because of an inadequate knowledge of the English language or a physical disability, to speak with reasonable fluency in English.\nBefore a qualified person performs a forensic procedure under a forensic procedure consent or a forensic procedure order, the police officer must arrange for the presence of an interpreter and delay performing the procedure until the interpreter is present.\ns 512 ins 2003 No. 49 s 10\n(sec.512-ssec.1) This section applies if a police officer reasonably suspects a relevant person is unable, because of an inadequate knowledge of the English language or a physical disability, to speak with reasonable fluency in English.\n(sec.512-ssec.2) Before a qualified person performs a forensic procedure under a forensic procedure consent or a forensic procedure order, the police officer must arrange for the presence of an interpreter and delay performing the procedure until the interpreter is present.","sortOrder":962},{"sectionNumber":"sec.513","sectionType":"section","heading":"Power to analyse samples","content":"### sec.513 Power to analyse samples\n\nIt is lawful for a person to analyse a sample, substance, impression, photograph or other thing taken under this chapter.\nIt is lawful for a police officer to keep the thing and the results of the analysis for use in a proceeding for an offence.\nIt is lawful for the commissioner to use the thing or results of the analysis for performing any function of the police service.\nThis section is subject to section 474 and part 5 , division 4 .\ns 513 ins 2003 No. 49 s 10\n(sec.513-ssec.1) It is lawful for a person to analyse a sample, substance, impression, photograph or other thing taken under this chapter.\n(sec.513-ssec.2) It is lawful for a police officer to keep the thing and the results of the analysis for use in a proceeding for an offence.\n(sec.513-ssec.3) It is lawful for the commissioner to use the thing or results of the analysis for performing any function of the police service.\n(sec.513-ssec.4) This section is subject to section 474 and part 5 , division 4 .","sortOrder":963},{"sectionNumber":"sec.514","sectionType":"section","heading":"Order for person who fails to comply with reporting notice","content":"### sec.514 Order for person who fails to comply with reporting notice\n\nThis section applies if a police officer reasonably believes that a person has failed to comply with a reporting notice.\nA police officer may apply to a magistrate in the approved form for an order authorising a police officer to detain the person to perform any forensic procedure to which the reporting notice relates for the time reasonably necessary to perform the procedure.\nA magistrate may make the order if the magistrate is satisfied on the balance of probabilities that the person failed to comply with a reporting notice and making the order is justified in the circumstances.\nThe person named in the application is not entitled to be given notice of, or to be heard on, the application.\nA qualified person for the forensic procedure to which the order relates may perform the procedure on the person.\nIn this section—\nreporting notice means an identifying particulars notice, DNA sample notice or non-medical examination notice.\ns 514 ins 2003 No. 49 s 10 (amd 2003 No. 92 s 28B )\namd 2006 No. 26 s 3 sch 1\n(sec.514-ssec.1) This section applies if a police officer reasonably believes that a person has failed to comply with a reporting notice.\n(sec.514-ssec.2) A police officer may apply to a magistrate in the approved form for an order authorising a police officer to detain the person to perform any forensic procedure to which the reporting notice relates for the time reasonably necessary to perform the procedure.\n(sec.514-ssec.3) A magistrate may make the order if the magistrate is satisfied on the balance of probabilities that the person failed to comply with a reporting notice and making the order is justified in the circumstances.\n(sec.514-ssec.4) The person named in the application is not entitled to be given notice of, or to be heard on, the application.\n(sec.514-ssec.5) A qualified person for the forensic procedure to which the order relates may perform the procedure on the person.\n(sec.514-ssec.6) In this section— reporting notice means an identifying particulars notice, DNA sample notice or non-medical examination notice.","sortOrder":964},{"sectionNumber":"sec.515","sectionType":"section","heading":"Detention for performing forensic procedure","content":"### sec.515 Detention for performing forensic procedure\n\nTo give effect to an order made under section 514 (3) , a police officer may detain the person for—\n1 hour; or\na longer reasonably necessary time, having regard to the particular circumstances.\ns 515 ins 2003 No. 49 s 10\n- (a) 1 hour; or\n- (b) a longer reasonably necessary time, having regard to the particular circumstances.","sortOrder":965},{"sectionNumber":"sec.516","sectionType":"section","heading":"General power for performing forensic procedure","content":"### sec.516 General power for performing forensic procedure\n\nThis section applies for performing a forensic procedure under this chapter.\nA police officer may give any reasonably necessary directions for ensuring the procedure is performed.\nIf the procedure is being performed under a forensic procedure consent, it is not an offence for the person who gave the consent or the person to whom it relates to fail to comply with a direction given under subsection (2) .\nIn performing the forensic procedure, a qualified person may use any equipment necessary for the purpose.\ns 516 ins 2003 No. 49 s 10\n(sec.516-ssec.1) This section applies for performing a forensic procedure under this chapter.\n(sec.516-ssec.2) A police officer may give any reasonably necessary directions for ensuring the procedure is performed.\n(sec.516-ssec.3) If the procedure is being performed under a forensic procedure consent, it is not an offence for the person who gave the consent or the person to whom it relates to fail to comply with a direction given under subsection (2) .\n(sec.516-ssec.4) In performing the forensic procedure, a qualified person may use any equipment necessary for the purpose.","sortOrder":966},{"sectionNumber":"sec.517","sectionType":"section","heading":"Help with, and use of force for, performing forensic procedure","content":"### sec.517 Help with, and use of force for, performing forensic procedure\n\nThis section applies if a qualified person may perform a forensic procedure on a person.\nThe qualified person may ask another person to give reasonably necessary help.\nSubject to this section, if it is reasonably practicable, the helper must be—\na doctor, dentist or forensic nurse examiner; or\na person of the same gender as the person undergoing the procedure.\nIf the helper is not a doctor, dentist or forensic nurse examiner, the person who is to undergo the procedure must be given—\nan explanation of the procedure; and\na reasonable opportunity to express a preference about the gender of the helper.\nA preference must be accommodated unless—\nthere are reasonable grounds to believe the preference is expressed for an improper purpose; or\nthere is a significant risk of evidence being lost or destroyed if the procedure is delayed to accommodate the preference; or\nit is not reasonably practicable to accommodate the preference.\nAn improper purpose includes the following—\na lewd or otherwise offensive purpose;\nan attempt to frustrate the process.\nIt is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\nIf it is not reasonably practicable to accommodate the preference or if no preference is expressed, a helper may be chosen to address a concern related to gender in a way that minimises embarrassment and offence.\nIt is lawful for the qualified person and the person helping to use reasonably necessary force for performing the procedure.\ns 517 ins 2003 No. 49 s 10\namd 2014 No. 1 s 28 ; 2024 No. 24 s 36\n(sec.517-ssec.1) This section applies if a qualified person may perform a forensic procedure on a person.\n(sec.517-ssec.2) The qualified person may ask another person to give reasonably necessary help.\n(sec.517-ssec.3) Subject to this section, if it is reasonably practicable, the helper must be— a doctor, dentist or forensic nurse examiner; or a person of the same gender as the person undergoing the procedure.\n(sec.517-ssec.4) If the helper is not a doctor, dentist or forensic nurse examiner, the person who is to undergo the procedure must be given— an explanation of the procedure; and a reasonable opportunity to express a preference about the gender of the helper.\n(sec.517-ssec.5) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or there is a significant risk of evidence being lost or destroyed if the procedure is delayed to accommodate the preference; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n(sec.517-ssec.6) If it is not reasonably practicable to accommodate the preference or if no preference is expressed, a helper may be chosen to address a concern related to gender in a way that minimises embarrassment and offence.\n(sec.517-ssec.7) It is lawful for the qualified person and the person helping to use reasonably necessary force for performing the procedure.\n- (a) a doctor, dentist or forensic nurse examiner; or\n- (b) a person of the same gender as the person undergoing the procedure.\n- (a) an explanation of the procedure; and\n- (b) a reasonable opportunity to express a preference about the gender of the helper.\n- (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or\n- (b) there is a significant risk of evidence being lost or destroyed if the procedure is delayed to accommodate the preference; or\n- (c) it is not reasonably practicable to accommodate the preference.\n- 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.","sortOrder":967},{"sectionNumber":"sec.518","sectionType":"section","heading":"General power to require further attendance","content":"### sec.518 General power to require further attendance\n\nThis section applies if a person attends at a stated place as required by an order, requirement or direction ( original direction ) to have a forensic procedure performed on the person and a police officer considers it is not reasonably practicable to perform the forensic procedure because—\na qualified person who may perform the procedure is not available to perform the procedure; or\nequipment required to perform the procedure is not available at the place; or\nfor another reason it is impracticable to perform the procedure.\nA police officer may direct the person ( later direction ) to attend the place or another place for the performance of the relevant forensic procedure at a stated reasonable time on a stated reasonable day.\nA later direction has effect as an extension of the original direction.\ns 518 ins 2003 No. 49 s 10\n(sec.518-ssec.1) This section applies if a person attends at a stated place as required by an order, requirement or direction ( original direction ) to have a forensic procedure performed on the person and a police officer considers it is not reasonably practicable to perform the forensic procedure because— a qualified person who may perform the procedure is not available to perform the procedure; or equipment required to perform the procedure is not available at the place; or for another reason it is impracticable to perform the procedure.\n(sec.518-ssec.2) A police officer may direct the person ( later direction ) to attend the place or another place for the performance of the relevant forensic procedure at a stated reasonable time on a stated reasonable day.\n(sec.518-ssec.3) A later direction has effect as an extension of the original direction.\n- (a) a qualified person who may perform the procedure is not available to perform the procedure; or\n- (b) equipment required to perform the procedure is not available at the place; or\n- (c) for another reason it is impracticable to perform the procedure.","sortOrder":968},{"sectionNumber":"sec.519","sectionType":"section","heading":"Protecting the dignity of person in performing a non-intimate forensic procedure","content":"### sec.519 Protecting the dignity of person in performing a non-intimate forensic procedure\n\nIf it is reasonably necessary for performing a non-intimate forensic procedure on a person, a police officer may ask the person to remove stated items of the person’s clothing.\nSubsection (3) applies if a direction under section 516 (2) relating to a non-intimate forensic procedure requires a person to remove stated items of the person’s clothing.\nIf it is reasonably necessary for clothing other than outer garments to be removed, the police officer—\nmust not require the person to remove more clothing than is necessary for the procedure to be performed; and\nif reasonably practicable, must ensure the procedure is not performed—\nin the presence of someone whose presence is not required while the procedure is being performed; or\nwhere someone not involved in performing the procedure can see the procedure being performed.\ns 519 ins 2003 No. 49 s 10\n(sec.519-ssec.1) If it is reasonably necessary for performing a non-intimate forensic procedure on a person, a police officer may ask the person to remove stated items of the person’s clothing.\n(sec.519-ssec.2) Subsection (3) applies if a direction under section 516 (2) relating to a non-intimate forensic procedure requires a person to remove stated items of the person’s clothing.\n(sec.519-ssec.3) If it is reasonably necessary for clothing other than outer garments to be removed, the police officer— must not require the person to remove more clothing than is necessary for the procedure to be performed; and if reasonably practicable, must ensure the procedure is not performed— in the presence of someone whose presence is not required while the procedure is being performed; or where someone not involved in performing the procedure can see the procedure being performed.\n- (a) must not require the person to remove more clothing than is necessary for the procedure to be performed; and\n- (b) if reasonably practicable, must ensure the procedure is not performed— (i) in the presence of someone whose presence is not required while the procedure is being performed; or (ii) where someone not involved in performing the procedure can see the procedure being performed.\n- (i) in the presence of someone whose presence is not required while the procedure is being performed; or\n- (ii) where someone not involved in performing the procedure can see the procedure being performed.\n- (i) in the presence of someone whose presence is not required while the procedure is being performed; or\n- (ii) where someone not involved in performing the procedure can see the procedure being performed.","sortOrder":969},{"sectionNumber":"sec.519A","sectionType":"section","heading":"Gender safeguard for photographing breasts","content":"### sec.519A Gender safeguard for photographing breasts\n\nThis section applies to a non-intimate forensic procedure that—\nconsists of photographing a person’s breasts; and\nis performed by a qualified person who is not a doctor or forensic nurse examiner.\nSubject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the person being photographed.\nThe person to be photographed must be given—\nan explanation of the process; and\na reasonable opportunity to express a preference about the gender of the person taking the photograph.\nA preference must be accommodated unless—\nthere are reasonable grounds to believe the preference is expressed for an improper purpose; or\nit is not reasonably practicable to accommodate the preference.\nAn improper purpose includes the following—\na lewd or otherwise offensive purpose;\nan attempt to frustrate the process.\nIt is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\nThe photograph may be taken by a person authorised by the qualified person to take the photograph if reasonably necessary—\nto ensure that the person taking the photograph and the person being photographed are of the same gender; or\nto accommodate a preference expressed by the person; or\nto address a concern related to gender in a way that minimises embarrassment and offence.\ns 519A ins 2024 No. 24 s 37\n(sec.519A-ssec.1) This section applies to a non-intimate forensic procedure that— consists of photographing a person’s breasts; and is performed by a qualified person who is not a doctor or forensic nurse examiner.\n(sec.519A-ssec.2) Subject to this section, the person taking the photograph must, if reasonably practicable, be of the same gender as the person being photographed.\n(sec.519A-ssec.3) The person to be photographed must be given— an explanation of the process; and a reasonable opportunity to express a preference about the gender of the person taking the photograph.\n(sec.519A-ssec.4) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n(sec.519A-ssec.5) The photograph may be taken by a person authorised by the qualified person to take the photograph if reasonably necessary— to ensure that the person taking the photograph and the person being photographed are of the same gender; or to accommodate a preference expressed by the person; or to address a concern related to gender in a way that minimises embarrassment and offence.\n- (a) consists of photographing a person’s breasts; and\n- (b) is performed by a qualified person who is not a doctor or forensic nurse examiner.\n- (a) an explanation of the process; and\n- (b) a reasonable opportunity to express a preference about the gender of the person taking the photograph.\n- (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or\n- (b) it is not reasonably practicable to accommodate the preference.\n- 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- (a) to ensure that the person taking the photograph and the person being photographed are of the same gender; or\n- (b) to accommodate a preference expressed by the person; or\n- (c) to address a concern related to gender in a way that minimises embarrassment and offence.","sortOrder":970},{"sectionNumber":"sec.520","sectionType":"section","heading":"Effect of withdrawal of consent","content":"### sec.520 Effect of withdrawal of consent\n\nThis section applies if a forensic procedure is being performed under a forensic procedure consent.\nIf the person who gave the consent withdraws the consent, the person performing the procedure and any person helping that person must immediately stop performing the procedure.\nSubsection (4) applies if the procedure is to be, or is being, performed on—\na child under 14 years; or\na person with impaired capacity and the consent was given for the person by a parent of the person.\nThe person who consented to the procedure being performed is taken to have withdrawn the consent if the child or person with impaired capacity objects to the performance of the procedure or resists while the procedure is being performed.\nWithdrawal of consent does not affect the admissibility in evidence of—\nanything observed, taken or collected before the consent was withdrawn; or\nan analysis done on anything taken or collected before the consent was withdrawn; or\nanything else done under this chapter in relation to a thing mentioned in paragraph (a) or an analysis mentioned in paragraph (b) .\ns 520 ins 2003 No. 49 s 10\n(sec.520-ssec.1) This section applies if a forensic procedure is being performed under a forensic procedure consent.\n(sec.520-ssec.2) If the person who gave the consent withdraws the consent, the person performing the procedure and any person helping that person must immediately stop performing the procedure.\n(sec.520-ssec.3) Subsection (4) applies if the procedure is to be, or is being, performed on— a child under 14 years; or a person with impaired capacity and the consent was given for the person by a parent of the person.\n(sec.520-ssec.4) The person who consented to the procedure being performed is taken to have withdrawn the consent if the child or person with impaired capacity objects to the performance of the procedure or resists while the procedure is being performed.\n(sec.520-ssec.5) Withdrawal of consent does not affect the admissibility in evidence of— anything observed, taken or collected before the consent was withdrawn; or an analysis done on anything taken or collected before the consent was withdrawn; or anything else done under this chapter in relation to a thing mentioned in paragraph (a) or an analysis mentioned in paragraph (b) .\n- (a) a child under 14 years; or\n- (b) a person with impaired capacity and the consent was given for the person by a parent of the person.\n- (a) anything observed, taken or collected before the consent was withdrawn; or\n- (b) an analysis done on anything taken or collected before the consent was withdrawn; or\n- (c) anything else done under this chapter in relation to a thing mentioned in paragraph (a) or an analysis mentioned in paragraph (b) .","sortOrder":971},{"sectionNumber":"sec.521","sectionType":"section","heading":"Powers under this part are additional to other powers","content":"### sec.521 Powers under this part are additional to other powers\n\nThe powers a person has under this part are additional to, and are not limited by, the powers the person otherwise has under this chapter.\ns 521 ins 2003 No. 49 s 10","sortOrder":972},{"sectionNumber":"ch.17-pt.9","sectionType":"part","heading":"Corresponding forensic procedure orders","content":"# Corresponding forensic procedure orders","sortOrder":973},{"sectionNumber":"sec.522","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.522 Definitions for pt 9\n\nIn this part—\nappropriate person means—\nthe person performing functions in relation to the police force or service of the Commonwealth or another State that correspond to the functions of the commissioner; or\nanother authority prescribed under a regulation.\nresponsible Minister means a Minister of the Commonwealth or of another State responsible for the administration of a law that authorises the performance of any forensic procedure.\ns 522 ins 2003 No. 49 s 10\n- (a) the person performing functions in relation to the police force or service of the Commonwealth or another State that correspond to the functions of the commissioner; or\n- (b) another authority prescribed under a regulation.","sortOrder":974},{"sectionNumber":"sec.523","sectionType":"section","heading":"Arrangements with the Commonwealth and other States","content":"### sec.523 Arrangements with the Commonwealth and other States\n\nThe Minister may, for the State, enter into an arrangement with a responsible Minister providing for—\nthe registration by the commissioner of orders for performing forensic procedures made under the law of the responsible Minister’s jurisdiction ( corresponding forensic procedure orders ); or\nthe registration of forensic procedure orders under the law of the responsible Minister’s jurisdiction.\ns 523 ins 2003 No. 49 s 10\n- (a) the registration by the commissioner of orders for performing forensic procedures made under the law of the responsible Minister’s jurisdiction ( corresponding forensic procedure orders ); or\n- (b) the registration of forensic procedure orders under the law of the responsible Minister’s jurisdiction.","sortOrder":975},{"sectionNumber":"sec.524","sectionType":"section","heading":"Registration of orders","content":"### sec.524 Registration of orders\n\nAn appropriate person may apply to the commissioner for the registration, or the cancellation of registration, of a corresponding forensic procedure order.\nThe application must be accompanied by a copy of the corresponding forensic procedure order, certified by the person who made it.\ns 524 ins 2003 No. 49 s 10\n(sec.524-ssec.1) An appropriate person may apply to the commissioner for the registration, or the cancellation of registration, of a corresponding forensic procedure order.\n(sec.524-ssec.2) The application must be accompanied by a copy of the corresponding forensic procedure order, certified by the person who made it.","sortOrder":976},{"sectionNumber":"sec.525","sectionType":"section","heading":"Effect of registration","content":"### sec.525 Effect of registration\n\nOn registration of a corresponding forensic procedure order by the commissioner, the order has effect and may be enforced as if it were a forensic procedure order made under this chapter.\ns 525 ins 2003 No. 49 s 10","sortOrder":977},{"sectionNumber":"ch.17-pt.10","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":978},{"sectionNumber":"sec.526","sectionType":"section","heading":"Unlawful supply of destroyable DNA sample","content":"### sec.526 Unlawful supply of destroyable DNA sample\n\nA person must not unlawfully supply a destroyable DNA sample to another person for DNA analysis for the purpose of including the results of the analysis in QDNA or the ACC database knowing that the material was a destroyable DNA sample.\nMaximum penalty—2 years imprisonment.\nIn this section—\ndestroyable DNA sample means a DNA sample for which the time in which it must be destroyed under section 490 has passed.\ns 526 ins 2003 No. 49 s 10\namd 2016 No. 48 s 18 sch 1 amdt 11 (retro)\n(sec.526-ssec.1) A person must not unlawfully supply a destroyable DNA sample to another person for DNA analysis for the purpose of including the results of the analysis in QDNA or the ACC database knowing that the material was a destroyable DNA sample. Maximum penalty—2 years imprisonment.\n(sec.526-ssec.2) In this section— destroyable DNA sample means a DNA sample for which the time in which it must be destroyed under section 490 has passed.","sortOrder":979},{"sectionNumber":"sec.527","sectionType":"section","heading":"Unlawful supply of DNA sample","content":"### sec.527 Unlawful supply of DNA sample\n\nA person must not unlawfully supply a DNA sample to another person for DNA analysis for the purpose of including the results of the analysis in QDNA or the ACC database.\nMaximum penalty—2 years imprisonment.\nIn this section—\na DNA sample means a DNA sample that is not related to the performance at any time of a function of the police service or a function authorised under this chapter.\ns 527 ins 2003 No. 49 s 10\namd 2016 No. 48 s 18 sch 1 amdt 11 (retro)\n(sec.527-ssec.1) A person must not unlawfully supply a DNA sample to another person for DNA analysis for the purpose of including the results of the analysis in QDNA or the ACC database. Maximum penalty—2 years imprisonment.\n(sec.527-ssec.2) In this section— a DNA sample means a DNA sample that is not related to the performance at any time of a function of the police service or a function authorised under this chapter.","sortOrder":980},{"sectionNumber":"sec.528","sectionType":"section","heading":"Unlawful use of stored information","content":"### sec.528 Unlawful use of stored information\n\nA person must not access information stored in QDNA or the ACC database ( stored information ) other than to perform a function of the police service or a function authorised under this chapter.\nMaximum penalty—2 years imprisonment.\nSubsection (1) does not apply to—\nstored information that can not be used to discover the identity of any person; or\naccessing information stored in the ACC database if the access is authorised under another law.\ns 528 ins 2003 No. 49 s 10\namd 2016 No. 48 s 18 sch 1 amdt 11 (retro)\n(sec.528-ssec.1) A person must not access information stored in QDNA or the ACC database ( stored information ) other than to perform a function of the police service or a function authorised under this chapter. Maximum penalty—2 years imprisonment.\n(sec.528-ssec.2) Subsection (1) does not apply to— stored information that can not be used to discover the identity of any person; or accessing information stored in the ACC database if the access is authorised under another law.\n- (a) stored information that can not be used to discover the identity of any person; or\n- (b) accessing information stored in the ACC database if the access is authorised under another law.","sortOrder":981},{"sectionNumber":"sec.529","sectionType":"section","heading":"Unlawful matching of DNA analysis results","content":"### sec.529 Unlawful matching of DNA analysis results\n\nA person must not knowingly do anything that results in a DNA record being compared with another DNA record, other than as permitted under this chapter.\nMaximum penalty—2 years imprisonment.\nSubsection (1) applies whether or not the DNA record is compared with DNA records kept on the same or a separate part of QDNA or the ACC database.\nIt is not an offence to match DNA records in contravention of subsection (1) only for the purpose of administering QDNA or the ACC database.\nIn this section—\nDNA record means a record on QDNA or the ACC database of the results of a DNA analysis.\ns 529 ins 2003 No. 49 s 10\namd 2016 No. 48 s 18 sch 1 amdt 11 (retro)\n(sec.529-ssec.1) A person must not knowingly do anything that results in a DNA record being compared with another DNA record, other than as permitted under this chapter. Maximum penalty—2 years imprisonment.\n(sec.529-ssec.2) Subsection (1) applies whether or not the DNA record is compared with DNA records kept on the same or a separate part of QDNA or the ACC database.\n(sec.529-ssec.3) It is not an offence to match DNA records in contravention of subsection (1) only for the purpose of administering QDNA or the ACC database.\n(sec.529-ssec.4) In this section— DNA record means a record on QDNA or the ACC database of the results of a DNA analysis.","sortOrder":982},{"sectionNumber":"sec.530","sectionType":"section","heading":"Unlawful recording of identifying information on QDNA","content":"### sec.530 Unlawful recording of identifying information on QDNA\n\nA person must not knowingly cause identifying information about a person that is obtained from a DNA sample taken from the person under this chapter to be recorded in QDNA after the time the sample to which the information relates is required under section 490 to be destroyed.\nMaximum penalty—2 years imprisonment.\nIn this section—\nidentifying information , about a person, means information that identifies the person.\ns 530 ins 2003 No. 49 s 10\n(sec.530-ssec.1) A person must not knowingly cause identifying information about a person that is obtained from a DNA sample taken from the person under this chapter to be recorded in QDNA after the time the sample to which the information relates is required under section 490 to be destroyed. Maximum penalty—2 years imprisonment.\n(sec.530-ssec.2) In this section— identifying information , about a person, means information that identifies the person.","sortOrder":983},{"sectionNumber":"sec.531","sectionType":"section","heading":"Unlawful retention of results of DNA analysis in QDNA","content":"### sec.531 Unlawful retention of results of DNA analysis in QDNA\n\nA person must not wilfully retain in QDNA the results of a DNA analysis after the time the results are required to be destroyed under section 490 .\nMaximum penalty—2 years imprisonment.\nA person does not commit an offence against subsection (1) if the results of the DNA analysis have been destroyed as mentioned in section 490 (5) .\ns 531 ins 2003 No. 49 s 10\n(sec.531-ssec.1) A person must not wilfully retain in QDNA the results of a DNA analysis after the time the results are required to be destroyed under section 490 . Maximum penalty—2 years imprisonment.\n(sec.531-ssec.2) A person does not commit an offence against subsection (1) if the results of the DNA analysis have been destroyed as mentioned in section 490 (5) .","sortOrder":984},{"sectionNumber":"sec.532","sectionType":"section","heading":"Unlawful disclosure of information","content":"### sec.532 Unlawful disclosure of information\n\nA person who has access to information stored in QDNA or the ACC database must not unlawfully disclose the information to anyone else.\nMaximum penalty—2 years imprisonment.\nA person may only disclose information stored in QDNA or the ACC database for one or more of the following purposes—\nto perform a function of the police service;\nfor a purpose authorised under this or another Act;\nin accordance with an arrangement made under section 523 or 533 ;\nto make the information available, as permitted under a regulation, to the person to whom the information relates;\nto administer QDNA or the ACC database;\nfor a coronial inquest or investigation.\nThis section does not apply to information that can not be used to discover the identity of a person.\ns 532 ins 2003 No. 49 s 10\namd 2016 No. 48 s 18 sch 1 amdt 11 (retro)\n(sec.532-ssec.1) A person who has access to information stored in QDNA or the ACC database must not unlawfully disclose the information to anyone else. Maximum penalty—2 years imprisonment.\n(sec.532-ssec.2) A person may only disclose information stored in QDNA or the ACC database for one or more of the following purposes— to perform a function of the police service; for a purpose authorised under this or another Act; in accordance with an arrangement made under section 523 or 533 ; to make the information available, as permitted under a regulation, to the person to whom the information relates; to administer QDNA or the ACC database; for a coronial inquest or investigation.\n(sec.532-ssec.3) This section does not apply to information that can not be used to discover the identity of a person.\n- (a) to perform a function of the police service;\n- (b) for a purpose authorised under this or another Act;\n- (c) in accordance with an arrangement made under section 523 or 533 ;\n- (d) to make the information available, as permitted under a regulation, to the person to whom the information relates;\n- (e) to administer QDNA or the ACC database;\n- (f) for a coronial inquest or investigation.","sortOrder":985},{"sectionNumber":"ch.17-pt.11","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":986},{"sectionNumber":"sec.533","sectionType":"section","heading":"Ministerial arrangements","content":"### sec.533 Ministerial arrangements\n\nThe Minister may, for the State, make an arrangement with a declared agency, or a responsible Minister of another jurisdiction, relating to any of the following—\naccess by the declared agency or an entity of the other jurisdiction to DNA material held by the commissioner;\naccess by the commissioner to DNA material held by a declared agency or an entity of the other jurisdiction;\nthe use by the declared agency, an entity of the other jurisdiction or the commissioner of the DNA material.\nAn arrangement may recognise that access to, and comparison of, the results of DNA analyses may be by use of the ACC database.\nThe commissioner may, under an arrangement made under this section, provide access to DNA material held by the commissioner or stored on the ACC database to a declared agency or an entity of another jurisdiction.\nThe commissioner may use DNA material to which the commissioner has access under an arrangement made under this section for performing any function of the police service.\nIn this section—\nDNA material means—\nthe results of DNA analyses of things whether or not stored on a database; or\nthings on which DNA analyses have been performed.\nresponsible Minister , of another jurisdiction, means a Minister of the Commonwealth or another State responsible for the administration of a law that authorises the taking of a sample for DNA analysis.\ns 533 ins 2003 No. 49 s 10\namd 2005 No. 45 s 3 sch 1 ; 2016 No. 48 s 18 sch 1 amdt 11 (retro)\n(sec.533-ssec.1) The Minister may, for the State, make an arrangement with a declared agency, or a responsible Minister of another jurisdiction, relating to any of the following— access by the declared agency or an entity of the other jurisdiction to DNA material held by the commissioner; access by the commissioner to DNA material held by a declared agency or an entity of the other jurisdiction; the use by the declared agency, an entity of the other jurisdiction or the commissioner of the DNA material.\n(sec.533-ssec.2) An arrangement may recognise that access to, and comparison of, the results of DNA analyses may be by use of the ACC database.\n(sec.533-ssec.3) The commissioner may, under an arrangement made under this section, provide access to DNA material held by the commissioner or stored on the ACC database to a declared agency or an entity of another jurisdiction.\n(sec.533-ssec.4) The commissioner may use DNA material to which the commissioner has access under an arrangement made under this section for performing any function of the police service.\n(sec.533-ssec.5) In this section— DNA material means— the results of DNA analyses of things whether or not stored on a database; or things on which DNA analyses have been performed. responsible Minister , of another jurisdiction, means a Minister of the Commonwealth or another State responsible for the administration of a law that authorises the taking of a sample for DNA analysis.\n- (a) access by the declared agency or an entity of the other jurisdiction to DNA material held by the commissioner;\n- (b) access by the commissioner to DNA material held by a declared agency or an entity of the other jurisdiction;\n- (c) the use by the declared agency, an entity of the other jurisdiction or the commissioner of the DNA material.\n- (a) the results of DNA analyses of things whether or not stored on a database; or\n- (b) things on which DNA analyses have been performed.","sortOrder":987},{"sectionNumber":"sec.534","sectionType":"section","heading":"Application of other laws","content":"### sec.534 Application of other laws\n\nThis chapter does not limit or exclude the operation of another law of the State relating to any of the following—\nperforming a forensic procedure, including a procedure not mentioned in this chapter;\nwithout limiting paragraph (a) , performing a breath analysis or a breath test or producing samples of blood or urine to determine the level of alcohol or drugs, if any, present in a person’s body;\ntaking forensic samples, including samples not mentioned in this chapter;\ntaking identification evidence;\nsearching a person;\nkeeping or using anything taken or information obtained because of an activity described in paragraphs (a) to (e) .\nIt is lawful for a person to exercise a power under this chapter to do something mentioned in subsection (1) even though the other law specifies the way the power may or must be exercised.\ns 534 ins 2003 No. 49 s 10\n(sec.534-ssec.1) This chapter does not limit or exclude the operation of another law of the State relating to any of the following— performing a forensic procedure, including a procedure not mentioned in this chapter; without limiting paragraph (a) , performing a breath analysis or a breath test or producing samples of blood or urine to determine the level of alcohol or drugs, if any, present in a person’s body; taking forensic samples, including samples not mentioned in this chapter; taking identification evidence; searching a person; keeping or using anything taken or information obtained because of an activity described in paragraphs (a) to (e) .\n(sec.534-ssec.2) It is lawful for a person to exercise a power under this chapter to do something mentioned in subsection (1) even though the other law specifies the way the power may or must be exercised.\n- (a) performing a forensic procedure, including a procedure not mentioned in this chapter;\n- (b) without limiting paragraph (a) , performing a breath analysis or a breath test or producing samples of blood or urine to determine the level of alcohol or drugs, if any, present in a person’s body;\n- (c) taking forensic samples, including samples not mentioned in this chapter;\n- (d) taking identification evidence;\n- (e) searching a person;\n- (f) keeping or using anything taken or information obtained because of an activity described in paragraphs (a) to (e) .","sortOrder":988},{"sectionNumber":"sec.535","sectionType":"section","heading":"Forensic material lawfully obtained in another jurisdiction","content":"### sec.535 Forensic material lawfully obtained in another jurisdiction\n\nThis section applies to forensic material lawfully obtained under the law of another jurisdiction, whether before or after the commencement of this section.\nThe material may be retained and used in this State for performing a function of the police service despite the material having been obtained in circumstances in which this Act would not authorise the material to be obtained, or under requirements that are less stringent, or otherwise substantially different to, the requirements that would apply under this Act.\nIn this section—\nforensic material means anything obtained by performing a forensic procedure and includes the results of the analysis of the thing.\ns 535 ins 2003 No. 49 s 10\n(sec.535-ssec.1) This section applies to forensic material lawfully obtained under the law of another jurisdiction, whether before or after the commencement of this section.\n(sec.535-ssec.2) The material may be retained and used in this State for performing a function of the police service despite the material having been obtained in circumstances in which this Act would not authorise the material to be obtained, or under requirements that are less stringent, or otherwise substantially different to, the requirements that would apply under this Act.\n(sec.535-ssec.3) In this section— forensic material means anything obtained by performing a forensic procedure and includes the results of the analysis of the thing.","sortOrder":989},{"sectionNumber":"sec.536","sectionType":"section","heading":"Evidentiary provision","content":"### sec.536 Evidentiary provision\n\nA certificate signed by the commissioner and stating any of the following is evidence of what it states—\non a stated day and at a stated time a stated police officer authorised the performance of a stated forensic procedure on a stated person;\non a stated day and at a stated time a stated police officer or a stated watch-house officer used a stated device to generate a digital image of a fingerprint, footprint or palm print from a stated person;\na stated police officer was on a stated day an authorised examiner;\na stated person was on a stated day a DNA sampler;\nhow a stated thing taken from a stated person as the result of the performance of a stated forensic procedure was handled and stored;\na stated person took or sent a stated thing taken as the result of the performance of a forensic procedure from a stated place to another stated place;\na stated person received a stated thing taken as the result of the performance of a forensic procedure at a stated place;\na certificate given under the Evidence Act 1977 , section 95A relates to a stated DNA sample taken from a stated person.\nSee section 650 for the power of a watch-house officer to take a person’s identifying particulars.\nIf, in a criminal proceeding, the prosecuting authority intends to rely on the certificate, it must at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\nIf the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\nIf the defendant acts under subsection (3) , the certificate stops being evidence of the matter to be challenged.\nIn this section—\nhearing day means the day the hearing of the criminal proceeding starts.\nprosecuting authority means the entity responsible for prosecuting the criminal proceeding.\ns 536 ins 2003 No. 49 s 10\namd 2006 No. 26 s 48\n(sec.536-ssec.1) A certificate signed by the commissioner and stating any of the following is evidence of what it states— on a stated day and at a stated time a stated police officer authorised the performance of a stated forensic procedure on a stated person; on a stated day and at a stated time a stated police officer or a stated watch-house officer used a stated device to generate a digital image of a fingerprint, footprint or palm print from a stated person; a stated police officer was on a stated day an authorised examiner; a stated person was on a stated day a DNA sampler; how a stated thing taken from a stated person as the result of the performance of a stated forensic procedure was handled and stored; a stated person took or sent a stated thing taken as the result of the performance of a forensic procedure from a stated place to another stated place; a stated person received a stated thing taken as the result of the performance of a forensic procedure at a stated place; a certificate given under the Evidence Act 1977 , section 95A relates to a stated DNA sample taken from a stated person. See section 650 for the power of a watch-house officer to take a person’s identifying particulars.\n(sec.536-ssec.2) If, in a criminal proceeding, the prosecuting authority intends to rely on the certificate, it must at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\n(sec.536-ssec.3) If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\n(sec.536-ssec.4) If the defendant acts under subsection (3) , the certificate stops being evidence of the matter to be challenged.\n(sec.536-ssec.5) In this section— hearing day means the day the hearing of the criminal proceeding starts. prosecuting authority means the entity responsible for prosecuting the criminal proceeding.\n- (a) on a stated day and at a stated time a stated police officer authorised the performance of a stated forensic procedure on a stated person;\n- (b) on a stated day and at a stated time a stated police officer or a stated watch-house officer used a stated device to generate a digital image of a fingerprint, footprint or palm print from a stated person;\n- (c) a stated police officer was on a stated day an authorised examiner;\n- (d) a stated person was on a stated day a DNA sampler;\n- (e) how a stated thing taken from a stated person as the result of the performance of a stated forensic procedure was handled and stored;\n- (f) a stated person took or sent a stated thing taken as the result of the performance of a forensic procedure from a stated place to another stated place;\n- (g) a stated person received a stated thing taken as the result of the performance of a forensic procedure at a stated place;\n- (h) a certificate given under the Evidence Act 1977 , section 95A relates to a stated DNA sample taken from a stated person.","sortOrder":990},{"sectionNumber":"ch.18-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":991},{"sectionNumber":"sec.537","sectionType":"section","heading":"Purpose of ch 18","content":"### sec.537 Purpose of ch 18\n\nThe purpose of this chapter is to help ensure victims of particular sexual offences and serious assault offences, and certain other persons receive appropriate medical, physical and psychological treatment by authorising—\nthe taking of blood and urine samples from a person a police officer reasonably suspects has committed the relevant offence; and\nthe analysis of the samples to find out whether the person may have transmitted a relevant disease to the victim.\ns 537 ins 2000 No. 22 s 18\namd 2003 No. 49 s 12\n- (a) the taking of blood and urine samples from a person a police officer reasonably suspects has committed the relevant offence; and\n- (b) the analysis of the samples to find out whether the person may have transmitted a relevant disease to the victim.","sortOrder":992},{"sectionNumber":"sec.538","sectionType":"section","heading":"Application of ch 18","content":"### sec.538 Application of ch 18\n\nThis chapter applies in relation to the following offences against the Criminal Code ( chapter 18 offences ), but only if semen, blood, saliva or another bodily fluid may have been transmitted into the anus, vagina, a mucous membrane, or broken skin of a victim of the offence—\nrape;\na sexual assault involving penetration of a penis into the victim’s mouth;\nincest committed against a child under 12;\nengaging in penile intercourse with a child under 12;\nabuse of a person with an impairment of the mind involving penetration of a penis into the victim’s mouth;\na serious assault if—\nblood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or\nblood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim.\nFor the offences, see the Criminal Code , sections 215 (Engaging in penile intercourse with children under 16), 216 (Abuse of persons with an impairment of the mind), 222 (Incest), 340 (Serious assaults) and 349 (Rape).\nThis chapter also applies to a person other than the victim if semen, blood, saliva or another bodily fluid may have been transmitted to the person during or soon after the commission of a chapter 18 offence.\nHowever, this chapter does not apply to an assault that involves—\nthe penetration of the anus or vagina by an object other than a penis; or\nthe transfer of blood or another bodily fluid in a way that does not penetrate the anus, vagina, a mucous membrane or the skin of a victim; or\nspitting saliva onto intact skin.\ns 538 ins 2000 No. 22 s 18\namd 2003 No. 49 s 13 ; 2005 No. 45 s 3 sch 1 ; 2008 No. 55 s 150 sch ; 2016 No. 50 s 40 sch 1 ; 2023 No. 1 s 97 s ch 1 pt 2\n(sec.538-ssec.1) This chapter applies in relation to the following offences against the Criminal Code ( chapter 18 offences ), but only if semen, blood, saliva or another bodily fluid may have been transmitted into the anus, vagina, a mucous membrane, or broken skin of a victim of the offence— rape; a sexual assault involving penetration of a penis into the victim’s mouth; incest committed against a child under 12; engaging in penile intercourse with a child under 12; abuse of a person with an impairment of the mind involving penetration of a penis into the victim’s mouth; a serious assault if— blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim. For the offences, see the Criminal Code , sections 215 (Engaging in penile intercourse with children under 16), 216 (Abuse of persons with an impairment of the mind), 222 (Incest), 340 (Serious assaults) and 349 (Rape).\n(sec.538-ssec.2) This chapter also applies to a person other than the victim if semen, blood, saliva or another bodily fluid may have been transmitted to the person during or soon after the commission of a chapter 18 offence.\n(sec.538-ssec.3) However, this chapter does not apply to an assault that involves— the penetration of the anus or vagina by an object other than a penis; or the transfer of blood or another bodily fluid in a way that does not penetrate the anus, vagina, a mucous membrane or the skin of a victim; or spitting saliva onto intact skin.\n- (a) rape;\n- (b) a sexual assault involving penetration of a penis into the victim’s mouth;\n- (c) incest committed against a child under 12;\n- (e) engaging in penile intercourse with a child under 12;\n- (f) abuse of a person with an impairment of the mind involving penetration of a penis into the victim’s mouth;\n- (g) a serious assault if— (i) blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or (ii) blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim.\n- (i) blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or\n- (ii) blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim.\n- (i) blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or\n- (ii) blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim.\n- (a) the penetration of the anus or vagina by an object other than a penis; or\n- (b) the transfer of blood or another bodily fluid in a way that does not penetrate the anus, vagina, a mucous membrane or the skin of a victim; or\n- (c) spitting saliva onto intact skin.","sortOrder":993},{"sectionNumber":"sec.539","sectionType":"section","heading":"Public Records Act 2023 does not apply to this chapter","content":"### sec.539 Public Records Act 2023 does not apply to this chapter\n\nThe Public Records Act 2023 does not apply to activities or records under this chapter to the extent that Act would otherwise enable the identity of a person in relation to whom a disease test order is made or of a victim of a chapter 18 offence to be disclosed.\ns 539 ins 2000 No. 22 s 18\namd 2003 No. 49 s 14 ; 2005 No. 45 s 3 sch 1\nsub 2009 No. 13 s 213 sch 5\namd 2023 No. 33 s 107 sch 5","sortOrder":994},{"sectionNumber":"ch.18-pt.2","sectionType":"part","heading":"Taking blood and urine samples","content":"# Taking blood and urine samples","sortOrder":995},{"sectionNumber":"sec.540","sectionType":"section","heading":"Application for order for blood and urine testing of person","content":"### sec.540 Application for order for blood and urine testing of person\n\nThis section applies if a police officer arrests a person ( relevant person ) the police officer reasonably suspects has committed a chapter 18 offence.\nA police officer may apply to a magistrate or, if the relevant person is a child, the Childrens Court for an order ( disease test order ) authorising the taking of a sample of blood and urine from the relevant person.\nThe application must be written and state the grounds on which it is made.\nBefore the application is made, the police officer must give the relevant person a copy of the application and inform the person that the person has the right to be represented by a lawyer at the hearing of the application.\nThe magistrate may refuse to consider the application unless the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\ns 540 ins 2000 No. 22 s 18\namd 2005 No. 45 s 3 sch 1 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.540-ssec.1) This section applies if a police officer arrests a person ( relevant person ) the police officer reasonably suspects has committed a chapter 18 offence.\n(sec.540-ssec.2) A police officer may apply to a magistrate or, if the relevant person is a child, the Childrens Court for an order ( disease test order ) authorising the taking of a sample of blood and urine from the relevant person.\n(sec.540-ssec.3) The application must be written and state the grounds on which it is made.\n(sec.540-ssec.4) Before the application is made, the police officer must give the relevant person a copy of the application and inform the person that the person has the right to be represented by a lawyer at the hearing of the application.\n(sec.540-ssec.5) The magistrate may refuse to consider the application unless the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.","sortOrder":996},{"sectionNumber":"sec.541","sectionType":"section","heading":"Notice to be given of application for disease test order for child","content":"### sec.541 Notice to be given of application for disease test order for child\n\nThis section applies if a police officer applies under section 540 for a disease test order for a child.\nThe police officer must give notice of the application to—\nthe child; and\na parent of the child, unless a parent can not be found after reasonable inquiry; and\nthe chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility.\ns 541 ins 2000 No. 22 s 18\namd 2005 No. 17 s 16\n(sec.541-ssec.1) This section applies if a police officer applies under section 540 for a disease test order for a child.\n(sec.541-ssec.2) The police officer must give notice of the application to— the child; and a parent of the child, unless a parent can not be found after reasonable inquiry; and the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility.\n- (a) the child; and\n- (b) a parent of the child, unless a parent can not be found after reasonable inquiry; and\n- (c) the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which that chief executive has responsibility.","sortOrder":997},{"sectionNumber":"sec.542","sectionType":"section","heading":"Disease test order","content":"### sec.542 Disease test order\n\nThis section applies to the consideration of an application for a disease test order.\nThe magistrate or Childrens Court—\nmust hear and decide the application with as little delay as possible and in the absence of the public; and\nmay, in extraordinary circumstances, adjourn the application for no more than 24 hours to allow further evidence to be put before the magistrate or Childrens Court; and\nmust not hear the application unless satisfied the relevant person has been informed of the right to be represented by a lawyer at the hearing.\nAlso, the victim of the chapter 18 offence can not be compelled to give evidence at the hearing.\nIf the relevant person, or the relevant person’s lawyer, is present when the application is being heard, the relevant person or the lawyer may make submissions to the magistrate or Childrens Court, but not submissions that will unduly delay the consideration of the application.\nIf the magistrate or Childrens Court is satisfied there are reasonable grounds for suspecting a chapter 18 offence has been committed and, in the circumstances of the offence, a blood and urine sample should be taken from the relevant person, the magistrate or Childrens Court may make a disease test order in relation to the relevant person.\ns 542 ins 2000 No. 22 s 18\namd 2005 No. 45 s 3 sch 1\n(sec.542-ssec.1) This section applies to the consideration of an application for a disease test order.\n(sec.542-ssec.2) The magistrate or Childrens Court— must hear and decide the application with as little delay as possible and in the absence of the public; and may, in extraordinary circumstances, adjourn the application for no more than 24 hours to allow further evidence to be put before the magistrate or Childrens Court; and must not hear the application unless satisfied the relevant person has been informed of the right to be represented by a lawyer at the hearing.\n(sec.542-ssec.3) Also, the victim of the chapter 18 offence can not be compelled to give evidence at the hearing.\n(sec.542-ssec.4) If the relevant person, or the relevant person’s lawyer, is present when the application is being heard, the relevant person or the lawyer may make submissions to the magistrate or Childrens Court, but not submissions that will unduly delay the consideration of the application.\n(sec.542-ssec.5) If the magistrate or Childrens Court is satisfied there are reasonable grounds for suspecting a chapter 18 offence has been committed and, in the circumstances of the offence, a blood and urine sample should be taken from the relevant person, the magistrate or Childrens Court may make a disease test order in relation to the relevant person.\n- (a) must hear and decide the application with as little delay as possible and in the absence of the public; and\n- (b) may, in extraordinary circumstances, adjourn the application for no more than 24 hours to allow further evidence to be put before the magistrate or Childrens Court; and\n- (c) must not hear the application unless satisfied the relevant person has been informed of the right to be represented by a lawyer at the hearing.","sortOrder":998},{"sectionNumber":"sec.543","sectionType":"section","heading":"What disease test order must state","content":"### sec.543 What disease test order must state\n\nA disease test order must state the following—\nthe name of the relevant person;\nthat the relevant person may be held in custody for the time reasonably necessary to enable a sample of the person’s blood and a sample of the person’s urine to be taken;\nthat a police officer may take the relevant person to a place the police officer considers has appropriate facilities for taking the sample;\nthat a doctor or a prescribed nurse may take a blood sample and a urine sample from the relevant person.\ns 543 ins 2000 No. 22 s 18\n- (a) the name of the relevant person;\n- (b) that the relevant person may be held in custody for the time reasonably necessary to enable a sample of the person’s blood and a sample of the person’s urine to be taken;\n- (c) that a police officer may take the relevant person to a place the police officer considers has appropriate facilities for taking the sample;\n- (d) that a doctor or a prescribed nurse may take a blood sample and a urine sample from the relevant person.","sortOrder":999},{"sectionNumber":"sec.544","sectionType":"section","heading":"Appeal against disease test order","content":"### sec.544 Appeal against disease test order\n\nA relevant person may appeal against a disease test order to the District Court.\nThe appeal—\nmust be filed without delay; and\ndoes not stay the operation of the disease test order, unless the court otherwise orders.\nThe court may not order a stay of a disease test order of more than 48 hours from the time the order appealed against is made.\nThe court must hear and decide the appeal—\nwithin 48 hours after the order appealed against is made; and\nin the absence of the public; and\nwithout adjourning the appeal.\nIf the relevant person, or the relevant person’s lawyer, is present when the appeal is being heard, the relevant person or the lawyer may make submissions to the court, but not submissions that will unduly delay the consideration of the appeal.\nThe court may allow or refuse to allow the appeal.\ns 544 ins 2000 No. 22 s 18\n(sec.544-ssec.1) A relevant person may appeal against a disease test order to the District Court.\n(sec.544-ssec.2) The appeal— must be filed without delay; and does not stay the operation of the disease test order, unless the court otherwise orders.\n(sec.544-ssec.3) The court may not order a stay of a disease test order of more than 48 hours from the time the order appealed against is made.\n(sec.544-ssec.4) The court must hear and decide the appeal— within 48 hours after the order appealed against is made; and in the absence of the public; and without adjourning the appeal.\n(sec.544-ssec.5) If the relevant person, or the relevant person’s lawyer, is present when the appeal is being heard, the relevant person or the lawyer may make submissions to the court, but not submissions that will unduly delay the consideration of the appeal.\n(sec.544-ssec.6) The court may allow or refuse to allow the appeal.\n- (a) must be filed without delay; and\n- (b) does not stay the operation of the disease test order, unless the court otherwise orders.\n- (a) within 48 hours after the order appealed against is made; and\n- (b) in the absence of the public; and\n- (c) without adjourning the appeal.","sortOrder":1000},{"sectionNumber":"sec.545","sectionType":"section","heading":"Taking blood and urine samples","content":"### sec.545 Taking blood and urine samples\n\nA police officer may ask a doctor or prescribed nurse to take a blood sample and a urine sample from a relevant person under a disease test order.\nWhen asking the doctor or nurse to take the sample, the police officer must produce for the doctor’s or nurse’s inspection a copy of the disease test order for the relevant person.\nIt is lawful for the doctor or nurse to take a blood sample from the relevant person or ask the person to provide a urine sample.\nIf help is needed for taking the sample, the doctor or nurse may ask other persons to give reasonably necessary help.\nIt is lawful for the doctor or nurse and a person helping the doctor or nurse to use reasonably necessary force for taking the sample.\nThe doctor or nurse must immediately send the sample to a health agency with appropriate facilities for testing the sample for relevant diseases.\ns 545 ins 2000 No. 22 s 18\namd 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.545-ssec.1) A police officer may ask a doctor or prescribed nurse to take a blood sample and a urine sample from a relevant person under a disease test order.\n(sec.545-ssec.2) When asking the doctor or nurse to take the sample, the police officer must produce for the doctor’s or nurse’s inspection a copy of the disease test order for the relevant person.\n(sec.545-ssec.3) It is lawful for the doctor or nurse to take a blood sample from the relevant person or ask the person to provide a urine sample.\n(sec.545-ssec.4) If help is needed for taking the sample, the doctor or nurse may ask other persons to give reasonably necessary help.\n(sec.545-ssec.5) It is lawful for the doctor or nurse and a person helping the doctor or nurse to use reasonably necessary force for taking the sample.\n(sec.545-ssec.6) The doctor or nurse must immediately send the sample to a health agency with appropriate facilities for testing the sample for relevant diseases.","sortOrder":1001},{"sectionNumber":"ch.18-pt.3","sectionType":"part","heading":"General","content":"# General","sortOrder":1002},{"sectionNumber":"sec.546","sectionType":"section","heading":"Analysis of blood and urine samples","content":"### sec.546 Analysis of blood and urine samples\n\nIt is lawful for an officer of the health agency to analyse, or arrange for someone else to analyse, a blood sample or urine sample sent to a health agency under section 545 .\nAlso, it is lawful for an officer of the health agency to destroy blood or urine from a sample if it is not used for the analysis or a further analysis and the sample or any part of the sample used for the analysis.\ns 546 ins 2000 No. 22 s 18\namd 2011 No. 32 s 332 s ch 1 pt 2 (amd 2012 No. 9 s 47 )\n(sec.546-ssec.1) It is lawful for an officer of the health agency to analyse, or arrange for someone else to analyse, a blood sample or urine sample sent to a health agency under section 545 .\n(sec.546-ssec.2) Also, it is lawful for an officer of the health agency to destroy blood or urine from a sample if it is not used for the analysis or a further analysis and the sample or any part of the sample used for the analysis.","sortOrder":1003},{"sectionNumber":"sec.547","sectionType":"section","heading":"Restriction on disclosure of results of analysis","content":"### sec.547 Restriction on disclosure of results of analysis\n\nA person who conducts an analysis of a blood sample or urine sample under this chapter must not disclose the results of the analysis to any person other than the following—\nthe victim of the chapter 18 offence;\nthe relevant person;\na doctor or other health care professional involved in treating or providing care for the victim of the offence or the relevant person;\na person providing counselling for the victim of the offence or the relevant person;\na person, nominated by the chief executive (health), who, as part of the person’s duties, requires knowledge of the results.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nA person to whom information is disclosed under subsection (1) must not disclose information obtained under this chapter to a person other than—\nthe victim of the chapter 18 offence; or\nthe relevant person; or\na doctor or other health care professional involved in treating or providing care for the victim of the offence or the relevant person; or\na person providing counselling for the victim of the offence or the relevant person; or\na person, nominated by the chief executive (health), who, as part of the person’s duties requires knowledge of the results.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nSubsection (2) does not apply to the victim of the chapter 18 offence or the relevant person, unless the disclosure is—\na public disclosure through the mass media by the victim of the results of the analysis and the identity of the relevant person; or\na public disclosure through the mass media by the relevant person of the results of the analysis and the identity of the victim.\ns 547 ins 2000 No. 22 s 18\namd 2003 No. 49 s 17 ; 2005 No. 45 s 3 sch 1\n(sec.547-ssec.1) A person who conducts an analysis of a blood sample or urine sample under this chapter must not disclose the results of the analysis to any person other than the following— the victim of the chapter 18 offence; the relevant person; a doctor or other health care professional involved in treating or providing care for the victim of the offence or the relevant person; a person providing counselling for the victim of the offence or the relevant person; a person, nominated by the chief executive (health), who, as part of the person’s duties, requires knowledge of the results. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.547-ssec.2) A person to whom information is disclosed under subsection (1) must not disclose information obtained under this chapter to a person other than— the victim of the chapter 18 offence; or the relevant person; or a doctor or other health care professional involved in treating or providing care for the victim of the offence or the relevant person; or a person providing counselling for the victim of the offence or the relevant person; or a person, nominated by the chief executive (health), who, as part of the person’s duties requires knowledge of the results. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.547-ssec.3) Subsection (2) does not apply to the victim of the chapter 18 offence or the relevant person, unless the disclosure is— a public disclosure through the mass media by the victim of the results of the analysis and the identity of the relevant person; or a public disclosure through the mass media by the relevant person of the results of the analysis and the identity of the victim.\n- (a) the victim of the chapter 18 offence;\n- (b) the relevant person;\n- (c) a doctor or other health care professional involved in treating or providing care for the victim of the offence or the relevant person;\n- (d) a person providing counselling for the victim of the offence or the relevant person;\n- (e) a person, nominated by the chief executive (health), who, as part of the person’s duties, requires knowledge of the results.\n- (a) the victim of the chapter 18 offence; or\n- (b) the relevant person; or\n- (c) a doctor or other health care professional involved in treating or providing care for the victim of the offence or the relevant person; or\n- (d) a person providing counselling for the victim of the offence or the relevant person; or\n- (e) a person, nominated by the chief executive (health), who, as part of the person’s duties requires knowledge of the results.\n- (a) a public disclosure through the mass media by the victim of the results of the analysis and the identity of the relevant person; or\n- (b) a public disclosure through the mass media by the relevant person of the results of the analysis and the identity of the victim.","sortOrder":1004},{"sectionNumber":"sec.548","sectionType":"section","heading":"Certain evidence inadmissible","content":"### sec.548 Certain evidence inadmissible\n\nIn a proceeding, the making of an application for a disease test order or the results of an analysis of a blood or urine sample under this chapter are not admissible in evidence.\ns 548 ins 2000 No. 22 s 18\namd 2003 No. 49 s 18","sortOrder":1005},{"sectionNumber":"ch.18A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1006},{"sectionNumber":"sec.548A","sectionType":"section","heading":"Purposes of ch 18A","content":"### sec.548A Purposes of ch 18A\n\nThe purposes of this chapter are to allow for the following things to happen, by applying the Road Use Management Act , section 80 to the extent provided for in this chapter—\nthe taking of specimens of breath, saliva, blood and urine from persons suspected of committing a relevant assault offence;\nthe testing of the specimens;\nthe production of certificates for use as evidence in proceedings for relevant assault offences.\nThe Criminal Code , chapter 35A and the Penalties and Sentences Act 1992 , part 5 , division 2 , subdivision 2 , apply to the sentencing of offenders convicted of relevant assault offences committed in a public place while the offender was adversely affected by an intoxicating substance.\ns 548A ins 2014 No. 42 s 117\n- (a) the taking of specimens of breath, saliva, blood and urine from persons suspected of committing a relevant assault offence;\n- (b) the testing of the specimens;\n- (c) the production of certificates for use as evidence in proceedings for relevant assault offences.","sortOrder":1007},{"sectionNumber":"sec.548B","sectionType":"section","heading":"Interpretation provision for ch 18A","content":"### sec.548B Interpretation provision for ch 18A\n\nIn this chapter—\nrelevant assault offence means any of the following offences under the Criminal Code —\ngrievous bodily harm under section 320 ;\nwounding under section 323 ;\nserious assault of a police officer under section 340 (1) (b) , with the circumstance of aggravation mentioned in section 340 (1) , penalty, paragraph (a) ;\nserious assault of a public officer under section 340 (2AA) , with the circumstance of aggravation mentioned in section 340 (2AA) , penalty, paragraph (a) .\nA reference in this chapter to section 80 , or a subsection of section 80 , is a reference to the Road Use Management Act , section 80 , or a subsection of the section.\nWords and expressions used in this chapter, to the extent the context permits, have the same meaning as they have for section 80 .\ns 548B ins 2014 No. 42 s 117\n(sec.548B-ssec.1) In this chapter— relevant assault offence means any of the following offences under the Criminal Code — grievous bodily harm under section 320 ; wounding under section 323 ; serious assault of a police officer under section 340 (1) (b) , with the circumstance of aggravation mentioned in section 340 (1) , penalty, paragraph (a) ; serious assault of a public officer under section 340 (2AA) , with the circumstance of aggravation mentioned in section 340 (2AA) , penalty, paragraph (a) .\n(sec.548B-ssec.2) A reference in this chapter to section 80 , or a subsection of section 80 , is a reference to the Road Use Management Act , section 80 , or a subsection of the section.\n(sec.548B-ssec.3) Words and expressions used in this chapter, to the extent the context permits, have the same meaning as they have for section 80 .\n- (a) grievous bodily harm under section 320 ;\n- (b) wounding under section 323 ;\n- (c) serious assault of a police officer under section 340 (1) (b) , with the circumstance of aggravation mentioned in section 340 (1) , penalty, paragraph (a) ;\n- (d) serious assault of a public officer under section 340 (2AA) , with the circumstance of aggravation mentioned in section 340 (2AA) , penalty, paragraph (a) .","sortOrder":1008},{"sectionNumber":"ch.18A-pt.2","sectionType":"part","heading":"Application of section 80","content":"# Application of section 80","sortOrder":1009},{"sectionNumber":"sec.548C","sectionType":"section","heading":"Person suspected of committing relevant assault offence","content":"### sec.548C Person suspected of committing relevant assault offence\n\nThis section applies if a police officer—\nfinds a person the officer reasonably suspects is committing, or has within the preceding 3 hours committed, a relevant assault offence; and\nreasonably suspects—\nthe person is intoxicated; and\nthe relevant assault offence is being committed, or was committed, in a public place.\nA police officer may make a requirement under section 80 (2) in relation to the person as if they were a person to whom section 80 (2) applies.\ns 548C ins 2014 No. 42 s 117\n(sec.548C-ssec.1) This section applies if a police officer— finds a person the officer reasonably suspects is committing, or has within the preceding 3 hours committed, a relevant assault offence; and reasonably suspects— the person is intoxicated; and the relevant assault offence is being committed, or was committed, in a public place.\n(sec.548C-ssec.2) A police officer may make a requirement under section 80 (2) in relation to the person as if they were a person to whom section 80 (2) applies.\n- (a) finds a person the officer reasonably suspects is committing, or has within the preceding 3 hours committed, a relevant assault offence; and\n- (b) reasonably suspects— (i) the person is intoxicated; and (ii) the relevant assault offence is being committed, or was committed, in a public place.\n- (i) the person is intoxicated; and\n- (ii) the relevant assault offence is being committed, or was committed, in a public place.\n- (i) the person is intoxicated; and\n- (ii) the relevant assault offence is being committed, or was committed, in a public place.","sortOrder":1010},{"sectionNumber":"sec.548D","sectionType":"section","heading":"Person arrested for relevant assault offence","content":"### sec.548D Person arrested for relevant assault offence\n\nThis section applies if a police officer—\nhas arrested a person for committing a relevant assault offence; and\nreasonably suspects—\nthe person is intoxicated; and\nthe relevant assault offence was committed in a public place.\nA police officer may make a requirement under section 80 (8) in relation to the person as if they were a person to whom section 80 (8) applies.\ns 548D ins 2014 No. 42 s 117\n(sec.548D-ssec.1) This section applies if a police officer— has arrested a person for committing a relevant assault offence; and reasonably suspects— the person is intoxicated; and the relevant assault offence was committed in a public place.\n(sec.548D-ssec.2) A police officer may make a requirement under section 80 (8) in relation to the person as if they were a person to whom section 80 (8) applies.\n- (a) has arrested a person for committing a relevant assault offence; and\n- (b) reasonably suspects— (i) the person is intoxicated; and (ii) the relevant assault offence was committed in a public place.\n- (i) the person is intoxicated; and\n- (ii) the relevant assault offence was committed in a public place.\n- (i) the person is intoxicated; and\n- (ii) the relevant assault offence was committed in a public place.","sortOrder":1011},{"sectionNumber":"sec.548E","sectionType":"section","heading":"Application of s 80","content":"### sec.548E Application of s 80\n\nFor sections 548C and 548D , section 80 , other than subsections (2A), (11), (11A), (22) to (22D), (24) and (24A), applies in relation to the person.\nFor applying section 80 , the following apply—\na matter or thing prescribed by regulation for section 80 is taken to also be prescribed by the regulation for the purposes of section 80 as applied under this chapter;\na reference in section 80 (6)(aa) to a person to whom section 79 (2A), (2B), (2D), (2J), (2K) or (2L) refers is taken to be a reference to a person mentioned in section 548C ;\na reference to an offence mentioned in section 80 (8) is taken to be a reference to a relevant assault offence;\na reference to an offence against section 79 in section 80 (16L) and (30) is taken to be a reference to a relevant assault offence;\na requirement under section 80 (10C) for a health care professional to give a specimen to a person as soon as practicable is taken to be a requirement for the health care professional to give the specimen to a police officer, and for the officer to give the specimen to the person, as soon as practicable;\na requirement under section 80 (20A) for a health care professional to give a specimen to a person is taken to be a requirement for the health care professional to give the specimen to a police officer, and for the officer to give the specimen to the person, as soon as practicable;\na reference in section 80 to—\na subsection of the section is taken to be a reference to the subsection as applied by this section; and\na requirement made by a police officer under—\nsubsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or\nsubsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .\ns 548E ins 2014 No. 42 s 117\n(sec.548E-ssec.1) For sections 548C and 548D , section 80 , other than subsections (2A), (11), (11A), (22) to (22D), (24) and (24A), applies in relation to the person.\n(sec.548E-ssec.2) For applying section 80 , the following apply— a matter or thing prescribed by regulation for section 80 is taken to also be prescribed by the regulation for the purposes of section 80 as applied under this chapter; a reference in section 80 (6)(aa) to a person to whom section 79 (2A), (2B), (2D), (2J), (2K) or (2L) refers is taken to be a reference to a person mentioned in section 548C ; a reference to an offence mentioned in section 80 (8) is taken to be a reference to a relevant assault offence; a reference to an offence against section 79 in section 80 (16L) and (30) is taken to be a reference to a relevant assault offence; a requirement under section 80 (10C) for a health care professional to give a specimen to a person as soon as practicable is taken to be a requirement for the health care professional to give the specimen to a police officer, and for the officer to give the specimen to the person, as soon as practicable; a requirement under section 80 (20A) for a health care professional to give a specimen to a person is taken to be a requirement for the health care professional to give the specimen to a police officer, and for the officer to give the specimen to the person, as soon as practicable; a reference in section 80 to— a subsection of the section is taken to be a reference to the subsection as applied by this section; and a requirement made by a police officer under— subsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or subsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .\n- (a) a matter or thing prescribed by regulation for section 80 is taken to also be prescribed by the regulation for the purposes of section 80 as applied under this chapter;\n- (b) a reference in section 80 (6)(aa) to a person to whom section 79 (2A), (2B), (2D), (2J), (2K) or (2L) refers is taken to be a reference to a person mentioned in section 548C ;\n- (c) a reference to an offence mentioned in section 80 (8) is taken to be a reference to a relevant assault offence;\n- (d) a reference to an offence against section 79 in section 80 (16L) and (30) is taken to be a reference to a relevant assault offence;\n- (e) a requirement under section 80 (10C) for a health care professional to give a specimen to a person as soon as practicable is taken to be a requirement for the health care professional to give the specimen to a police officer, and for the officer to give the specimen to the person, as soon as practicable;\n- (f) a requirement under section 80 (20A) for a health care professional to give a specimen to a person is taken to be a requirement for the health care professional to give the specimen to a police officer, and for the officer to give the specimen to the person, as soon as practicable;\n- (g) a reference in section 80 to— (i) a subsection of the section is taken to be a reference to the subsection as applied by this section; and (ii) a requirement made by a police officer under— (A) subsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or (B) subsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .\n- (i) a subsection of the section is taken to be a reference to the subsection as applied by this section; and\n- (ii) a requirement made by a police officer under— (A) subsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or (B) subsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .\n- (A) subsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or\n- (B) subsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .\n- (i) a subsection of the section is taken to be a reference to the subsection as applied by this section; and\n- (ii) a requirement made by a police officer under— (A) subsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or (B) subsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .\n- (A) subsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or\n- (B) subsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .\n- (A) subsection (2) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548C ; or\n- (B) subsection (8) is taken to be a reference to a requirement made by a police officer under the subsection as applied by section 548D .","sortOrder":1012},{"sectionNumber":"ch.18A-pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":1013},{"sectionNumber":"sec.548F","sectionType":"section","heading":"Relationship with other provisions and Acts","content":"### sec.548F Relationship with other provisions and Acts\n\nThe powers of a police officer under section 80 , as applied under this chapter, are additional to, and are not limited by, the powers the officer otherwise has under this Act or another Act.\ns 548F ins 2014 No. 42 s 117","sortOrder":1014},{"sectionNumber":"ch.18B-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":1015},{"sectionNumber":"sec.548G","sectionType":"section","heading":null,"content":"### Section sec.548G\n\ns 548G ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1016},{"sectionNumber":"sec.548H","sectionType":"section","heading":null,"content":"### Section sec.548H\n\ns 548H ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1017},{"sectionNumber":"ch.18B-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":1018},{"sectionNumber":"sec.548I","sectionType":"section","heading":null,"content":"### Section sec.548I\n\ns 548I ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1019},{"sectionNumber":"sec.548J","sectionType":"section","heading":null,"content":"### Section sec.548J\n\ns 548J ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1020},{"sectionNumber":"sec.548K","sectionType":"section","heading":null,"content":"### Section sec.548K\n\ns 548K ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1021},{"sectionNumber":"sec.548L","sectionType":"section","heading":null,"content":"### Section sec.548L\n\ns 548L ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1022},{"sectionNumber":"sec.548M","sectionType":"section","heading":null,"content":"### Section sec.548M\n\ns 548M ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1023},{"sectionNumber":"sec.548N","sectionType":"section","heading":null,"content":"### Section sec.548N\n\ns 548N ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1024},{"sectionNumber":"ch.18B-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":1025},{"sectionNumber":"sec.548O","sectionType":"section","heading":null,"content":"### Section sec.548O\n\ns 548O ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1026},{"sectionNumber":"sec.548P","sectionType":"section","heading":null,"content":"### Section sec.548P\n\ns 548P ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1027},{"sectionNumber":"sec.548Q","sectionType":"section","heading":null,"content":"### Section sec.548Q\n\ns 548Q ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1028},{"sectionNumber":"ch.18B-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":1029},{"sectionNumber":"sec.548R","sectionType":"section","heading":null,"content":"### Section sec.548R\n\ns 548R ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1030},{"sectionNumber":"sec.548S","sectionType":"section","heading":null,"content":"### Section sec.548S\n\ns 548S ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1031},{"sectionNumber":"sec.548T","sectionType":"section","heading":null,"content":"### Section sec.548T\n\ns 548T ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1032},{"sectionNumber":"ch.18B-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":1033},{"sectionNumber":"sec.548U","sectionType":"section","heading":null,"content":"### Section sec.548U\n\ns 548U ins 2020 No. 16 s 49\nexp 31 October 2022 (see s 548U(1))","sortOrder":1034},{"sectionNumber":"ch.19-pt.1","sectionType":"part","heading":"State buildings","content":"# State buildings","sortOrder":1035},{"sectionNumber":"ch.19-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1036},{"sectionNumber":"sec.549","sectionType":"section","heading":"Meaning of state building","content":"### sec.549 Meaning of state building\n\nA state building —\nis—\na building, or part of a building, owned or occupied by the State or a non-commercial authority of the State; or\na building, or part of a building, prescribed by regulation for the purpose of this subparagraph; or\na building, or part of a building, prescribed by regulation that is located in a local government area prescribed by regulation for the purpose of this subparagraph; and\nincludes the precincts of the building, or part of the building, under paragraph (a) .\nIf a state building is constituted by only part of a building, a reference to the state building includes the areas of the state building the State or a non-commercial authority of the State may lawfully use together with other owners or occupiers of the state building.\nA regulation may prescribe a building, or part of a building, to be a state building only if—\nfor a building, or part of a building mentioned in subsection (1) (a) (ii) —the building or part of the building is to be used for an activity with which the State is directly concerned; or\nfor a building, or part of a building mentioned in subsection (1) (a) (iii) —the building or part of the building is to be used for an activity with which the local government that governs the local government area is directly concerned.\nIn this section—\nprecincts , of a building or part of a building, includes—\na forecourt, or other similar area, used in conjunction or associated with the building or part of the building; and\na yard, or other similar area, used in conjunction or associated with the building or part of the building; and\nif the building or part of the building has been prescribed by regulation under subsection (1) (a) (ii) —an area within the boundaries of the building or part of the building as identified in the regulation; and\nif the building or part of the building is aligned next to a public place—any wall, fence or other structure along the alignment; and\nany area above or below the foundations, walls, roof or other area of the building of part of the building.\ns 549 (prev s 259) renum 2000 No. 22 s 19\nsub 2022 No. 9 s 4\namd 2024 No. 45 s 133I\n(sec.549-ssec.1) A state building — is— a building, or part of a building, owned or occupied by the State or a non-commercial authority of the State; or a building, or part of a building, prescribed by regulation for the purpose of this subparagraph; or a building, or part of a building, prescribed by regulation that is located in a local government area prescribed by regulation for the purpose of this subparagraph; and includes the precincts of the building, or part of the building, under paragraph (a) .\n(sec.549-ssec.2) If a state building is constituted by only part of a building, a reference to the state building includes the areas of the state building the State or a non-commercial authority of the State may lawfully use together with other owners or occupiers of the state building.\n(sec.549-ssec.3) A regulation may prescribe a building, or part of a building, to be a state building only if— for a building, or part of a building mentioned in subsection (1) (a) (ii) —the building or part of the building is to be used for an activity with which the State is directly concerned; or for a building, or part of a building mentioned in subsection (1) (a) (iii) —the building or part of the building is to be used for an activity with which the local government that governs the local government area is directly concerned.\n(sec.549-ssec.4) In this section— precincts , of a building or part of a building, includes— a forecourt, or other similar area, used in conjunction or associated with the building or part of the building; and a yard, or other similar area, used in conjunction or associated with the building or part of the building; and if the building or part of the building has been prescribed by regulation under subsection (1) (a) (ii) —an area within the boundaries of the building or part of the building as identified in the regulation; and if the building or part of the building is aligned next to a public place—any wall, fence or other structure along the alignment; and any area above or below the foundations, walls, roof or other area of the building of part of the building.\n- (a) is— (i) a building, or part of a building, owned or occupied by the State or a non-commercial authority of the State; or (ii) a building, or part of a building, prescribed by regulation for the purpose of this subparagraph; or (iii) a building, or part of a building, prescribed by regulation that is located in a local government area prescribed by regulation for the purpose of this subparagraph; and\n- (i) a building, or part of a building, owned or occupied by the State or a non-commercial authority of the State; or\n- (ii) a building, or part of a building, prescribed by regulation for the purpose of this subparagraph; or\n- (iii) a building, or part of a building, prescribed by regulation that is located in a local government area prescribed by regulation for the purpose of this subparagraph; and\n- (b) includes the precincts of the building, or part of the building, under paragraph (a) .\n- (i) a building, or part of a building, owned or occupied by the State or a non-commercial authority of the State; or\n- (ii) a building, or part of a building, prescribed by regulation for the purpose of this subparagraph; or\n- (iii) a building, or part of a building, prescribed by regulation that is located in a local government area prescribed by regulation for the purpose of this subparagraph; and\n- (a) for a building, or part of a building mentioned in subsection (1) (a) (ii) —the building or part of the building is to be used for an activity with which the State is directly concerned; or\n- (b) for a building, or part of a building mentioned in subsection (1) (a) (iii) —the building or part of the building is to be used for an activity with which the local government that governs the local government area is directly concerned.\n- (a) a forecourt, or other similar area, used in conjunction or associated with the building or part of the building; and\n- (b) a yard, or other similar area, used in conjunction or associated with the building or part of the building; and\n- (c) if the building or part of the building has been prescribed by regulation under subsection (1) (a) (ii) —an area within the boundaries of the building or part of the building as identified in the regulation; and\n- (d) if the building or part of the building is aligned next to a public place—any wall, fence or other structure along the alignment; and\n- (e) any area above or below the foundations, walls, roof or other area of the building of part of the building.","sortOrder":1037},{"sectionNumber":"ch.19-pt.1-div.2","sectionType":"division","heading":"Screening of entrants to state buildings","content":"## Screening of entrants to state buildings","sortOrder":1038},{"sectionNumber":"sec.550","sectionType":"section","heading":"Power to require name and address and reason for entry","content":"### sec.550 Power to require name and address and reason for entry\n\nA police officer or protective services officer may require an entrant to a state building to state the following information—\nthe entrant’s name and address;\nthe entrant’s reason for being at, or about to enter, the building.\nHowever, subsection (1) applies only if the police officer or protective services officer reasonably suspects making the requirement is necessary for the security of the state building.\nAlso, the police officer or protective services officer may require the entrant to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the entrant to be in possession of, or to otherwise be able to give, the evidence.\nThis section does not limit or otherwise affect chapter 2 , part 4 , division 1 or part 5 .\ns 550 (prev s 260) renum 2000 No. 22 s 19\nsub 2022 No. 9 s 4\n(sec.550-ssec.1) A police officer or protective services officer may require an entrant to a state building to state the following information— the entrant’s name and address; the entrant’s reason for being at, or about to enter, the building.\n(sec.550-ssec.2) However, subsection (1) applies only if the police officer or protective services officer reasonably suspects making the requirement is necessary for the security of the state building.\n(sec.550-ssec.3) Also, the police officer or protective services officer may require the entrant to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the entrant to be in possession of, or to otherwise be able to give, the evidence.\n(sec.550-ssec.4) This section does not limit or otherwise affect chapter 2 , part 4 , division 1 or part 5 .\n- (a) the entrant’s name and address;\n- (b) the entrant’s reason for being at, or about to enter, the building.","sortOrder":1039},{"sectionNumber":"sec.551","sectionType":"section","heading":"Use of electronic screening devices","content":"### sec.551 Use of electronic screening devices\n\nThis section applies if the system for the security of a state building involves the use of 1 or more of the following electronic screening devices—\na walk-through detector;\nan X-ray machine;\na hand held scanner.\nA police officer or protective services officer may ask an entrant to the state building to do 1 or more of the following things—\nto walk through a walk-through detector;\nto pass the entrant’s belongings through an X-ray machine;\nto allow the officer to pass a hand held scanner in close proximity to the entrant;\nto allow the officer to pass a hand held scanner in close proximity to the entrant’s belongings.\ns 551 (prev s 261) renum 2000 No. 22 s 19\nsub 2022 No. 9 s 4\n(sec.551-ssec.1) This section applies if the system for the security of a state building involves the use of 1 or more of the following electronic screening devices— a walk-through detector; an X-ray machine; a hand held scanner.\n(sec.551-ssec.2) A police officer or protective services officer may ask an entrant to the state building to do 1 or more of the following things— to walk through a walk-through detector; to pass the entrant’s belongings through an X-ray machine; to allow the officer to pass a hand held scanner in close proximity to the entrant; to allow the officer to pass a hand held scanner in close proximity to the entrant’s belongings.\n- (a) a walk-through detector;\n- (b) an X-ray machine;\n- (c) a hand held scanner.\n- (a) to walk through a walk-through detector;\n- (b) to pass the entrant’s belongings through an X-ray machine;\n- (c) to allow the officer to pass a hand held scanner in close proximity to the entrant;\n- (d) to allow the officer to pass a hand held scanner in close proximity to the entrant’s belongings.","sortOrder":1040},{"sectionNumber":"sec.552","sectionType":"section","heading":"Power to inspect entrant’s belongings","content":"### sec.552 Power to inspect entrant’s belongings\n\nThis section applies if—\na police officer or protective services officer reasonably considers it necessary for the security of a state building to make a request under subsection (2) in relation to an entrant to the state building, or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and\nthe officer tells the entrant the reasons for making the request.\nThe police officer or protective services officer may ask the entrant to do 1 or more of the following things—\nallow the officer to inspect the entrant’s belongings;\nremove 1 or more outer garments worn by the entrant as specified by the officer and allow the officer to inspect the garments;\nremove all articles from the entrant’s clothing and allow the officer to inspect them;\nopen an article for inspection and allow the officer to inspect it;\nallow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings;\nopen a vehicle or a part of it for inspection and allow the officer to inspect it;\nremove an article from a vehicle as specified by the officer and allow the officer to inspect it;\nmove a vehicle to, and park it in, a place specified by the officer;\nif the officer reasonably believes a belonging of the entrant is capable of concealing a proscribed thing—deposit the belonging in a place specified by the officer.\nIn this section—\ninspect , an article, includes handle the article, open it and examine its contents.\ns 552 (prev s 262) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 19\nsub 2022 No. 9 s 4\namd 2024 No. 24 s 38\n(sec.552-ssec.1) This section applies if— a police officer or protective services officer reasonably considers it necessary for the security of a state building to make a request under subsection (2) in relation to an entrant to the state building, or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and the officer tells the entrant the reasons for making the request.\n(sec.552-ssec.2) The police officer or protective services officer may ask the entrant to do 1 or more of the following things— allow the officer to inspect the entrant’s belongings; remove 1 or more outer garments worn by the entrant as specified by the officer and allow the officer to inspect the garments; remove all articles from the entrant’s clothing and allow the officer to inspect them; open an article for inspection and allow the officer to inspect it; allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings; open a vehicle or a part of it for inspection and allow the officer to inspect it; remove an article from a vehicle as specified by the officer and allow the officer to inspect it; move a vehicle to, and park it in, a place specified by the officer; if the officer reasonably believes a belonging of the entrant is capable of concealing a proscribed thing—deposit the belonging in a place specified by the officer.\n(sec.552-ssec.4) In this section— inspect , an article, includes handle the article, open it and examine its contents.\n- (a) a police officer or protective services officer reasonably considers it necessary for the security of a state building to make a request under subsection (2) in relation to an entrant to the state building, or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and\n- (b) the officer tells the entrant the reasons for making the request.\n- (a) allow the officer to inspect the entrant’s belongings;\n- (b) remove 1 or more outer garments worn by the entrant as specified by the officer and allow the officer to inspect the garments;\n- (c) remove all articles from the entrant’s clothing and allow the officer to inspect them;\n- (d) open an article for inspection and allow the officer to inspect it;\n- (e) allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings;\n- (f) open a vehicle or a part of it for inspection and allow the officer to inspect it;\n- (g) remove an article from a vehicle as specified by the officer and allow the officer to inspect it;\n- (h) move a vehicle to, and park it in, a place specified by the officer;\n- (i) if the officer reasonably believes a belonging of the entrant is capable of concealing a proscribed thing—deposit the belonging in a place specified by the officer.","sortOrder":1041},{"sectionNumber":"sec.553","sectionType":"section","heading":"General safeguards for inspection of entrant’s belongings","content":"### sec.553 General safeguards for inspection of entrant’s belongings\n\nA police officer or protective services officer conducting an inspection of an entrant’s belongings under section 552 must—\nensure, as far as reasonably practicable, the way the inspection is conducted causes minimal embarrassment to the entrant; and\ntake reasonable care to protect the dignity of the entrant.\nAlso, if a police officer or protective services officer reasonably suspects it is necessary to protect the dignity of an entrant to a state building and it is reasonably practicable, the officer may ask the entrant to allow an inspection of the entrant’s belongings under section 552 (2) to be conducted out of public view, for example, in a room of the state building.\ns 553 (prev s 263) renum 2000 No. 22 s 19\nsub 2022 No. 9 s 4\namd 2024 No. 24 s 39\n(sec.553-ssec.1) A police officer or protective services officer conducting an inspection of an entrant’s belongings under section 552 must— ensure, as far as reasonably practicable, the way the inspection is conducted causes minimal embarrassment to the entrant; and take reasonable care to protect the dignity of the entrant.\n(sec.553-ssec.2) Also, if a police officer or protective services officer reasonably suspects it is necessary to protect the dignity of an entrant to a state building and it is reasonably practicable, the officer may ask the entrant to allow an inspection of the entrant’s belongings under section 552 (2) to be conducted out of public view, for example, in a room of the state building.\n- (a) ensure, as far as reasonably practicable, the way the inspection is conducted causes minimal embarrassment to the entrant; and\n- (b) take reasonable care to protect the dignity of the entrant.","sortOrder":1042},{"sectionNumber":"sec.553A","sectionType":"section","heading":"Gender safeguard for inspection of entrant’s belongings","content":"### sec.553A Gender safeguard for inspection of entrant’s belongings\n\nThis section applies if, under section 552 (2) (e) , a police officer or protective services officer asks a person to allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purposes of the officer inspecting the entrant’s belongings.\nSubject to this section, the person touching the garment must, if reasonably practicable, be of the same gender as the entrant.\nThe entrant must be given—\nan explanation of the inspection process; and\na reasonable opportunity to express a preference about the gender of the person who is to touch the garment.\nA preference may be expressed in a way that would require different persons to touch a garment on the upper body, lower body or head of the person.\nA preference must be accommodated unless—\nthere are reasonable grounds to believe the preference is expressed for an improper purpose; or\nit is not reasonably practicable to accommodate the preference.\nAn improper purpose includes the following—\na lewd or otherwise offensive purpose;\nan attempt to frustrate the process.\nIt is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\nWithout limiting the power under section 552 (2) (e) for an adult to assist the officer, the officer may ask an adult to assist if reasonably necessary—\nto ensure that the person touching the garment and the entrant are of the same gender; or\nto accommodate a preference expressed by the entrant; or\nto address a concern related to gender in a way that minimises embarrassment and offence.\nAlso, the officer may touch the garment despite the officer not being of the same gender as the entrant if, in the circumstances, that is the most appropriate way to address a concern related to gender.\ns 553A ins 2024 No. 24 s 40\n(sec.553A-ssec.1) This section applies if, under section 552 (2) (e) , a police officer or protective services officer asks a person to allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purposes of the officer inspecting the entrant’s belongings.\n(sec.553A-ssec.2) Subject to this section, the person touching the garment must, if reasonably practicable, be of the same gender as the entrant.\n(sec.553A-ssec.3) The entrant must be given— an explanation of the inspection process; and a reasonable opportunity to express a preference about the gender of the person who is to touch the garment.\n(sec.553A-ssec.4) A preference may be expressed in a way that would require different persons to touch a garment on the upper body, lower body or head of the person.\n(sec.553A-ssec.5) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n(sec.553A-ssec.6) Without limiting the power under section 552 (2) (e) for an adult to assist the officer, the officer may ask an adult to assist if reasonably necessary— to ensure that the person touching the garment and the entrant are of the same gender; or to accommodate a preference expressed by the entrant; or to address a concern related to gender in a way that minimises embarrassment and offence.\n(sec.553A-ssec.7) Also, the officer may touch the garment despite the officer not being of the same gender as the entrant if, in the circumstances, that is the most appropriate way to address a concern related to gender.\n- (a) an explanation of the inspection process; and\n- (b) a reasonable opportunity to express a preference about the gender of the person who is to touch the garment.\n- (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or\n- (b) it is not reasonably practicable to accommodate the preference.\n- 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- (a) to ensure that the person touching the garment and the entrant are of the same gender; or\n- (b) to accommodate a preference expressed by the entrant; or\n- (c) to address a concern related to gender in a way that minimises embarrassment and offence.","sortOrder":1043},{"sectionNumber":"sec.554","sectionType":"section","heading":"Direction to leave state building","content":"### sec.554 Direction to leave state building\n\nA police officer or protective services officer may direct an entrant, or group of entrants, to a state building to not enter, or to leave the building immediately, and to take the belongings of the entrant or group of entrants out of the building, if the officer reasonably suspects—\nthe behaviour of the entrant or entrants is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or\nthe entrant or entrants have not complied with a requirement under section 550 ; or\nthe entrant or entrants have not complied with a request under section 551 or 552 ; or\nthe entrant or entrants have no good and lawful reason to enter or be at the building.\nSee also sections 791 and 791B .\nHowever, a police officer or protective services officer must not give a direction under subsection (1) unless the officer reasonably suspects the direction is necessary to maintain the security of the state building.\nAlso, a protective services officer must not give a direction under subsection (1) (c) if the entrant or entrants—\ntell the officer they—\ndo not want an electronic screening device used in relation to their belongings, and are prepared to leave the building; or\ndo not want their belongings inspected, and are prepared to leave the building; and\nimmediately leave the building with their belongings.\nSee also sections 633 and 633A .\nThe entrant or entrants may tell the protective services officer a matter mentioned in subsection (3) before or after the officer starts to—\nuse an electronic screening device in relation to the entrant or entrants under section 551 ; or\nconduct an inspection of the belongings of the entrant or entrants under section 552 .\nAlso, a police officer or protective services officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless the direction is reasonably necessary in the interests of—\npublic safety; or\npublic order; or\nthe protection of the rights and freedoms of other persons.\nthe rights and freedoms of the public to enjoy the place\nthe rights of persons to carry on lawful business in or in association with the place\nWithout limiting subsection (1) , a direction under the subsection may require an entrant, or group of entrants, to a state building to do 1 of the following things—\nleave the building and not return or be within the building within a stated reasonable time of not more than 24 hours;\nleave a stated part of the building and not return or be within the stated part of the building within a stated reasonable time of not more than 24 hours;\nmove from a particular location at or near the building for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the building within a stated reasonable time of not more than 24 hours.\nThe police officer or protective services officer must give the entrant or group of entrants the reasons for the direction.\nThis section does not limit or otherwise affect—\nchapter 2 , part 4 , division 1 ; or\nchapter 2 , part 5 .\ns 554 (prev s 264) renum 2000 No. 22 s 19\nsub 2022 No. 9 s 4\n(sec.554-ssec.1) A police officer or protective services officer may direct an entrant, or group of entrants, to a state building to not enter, or to leave the building immediately, and to take the belongings of the entrant or group of entrants out of the building, if the officer reasonably suspects— the behaviour of the entrant or entrants is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or the entrant or entrants have not complied with a requirement under section 550 ; or the entrant or entrants have not complied with a request under section 551 or 552 ; or the entrant or entrants have no good and lawful reason to enter or be at the building. See also sections 791 and 791B .\n(sec.554-ssec.2) However, a police officer or protective services officer must not give a direction under subsection (1) unless the officer reasonably suspects the direction is necessary to maintain the security of the state building.\n(sec.554-ssec.3) Also, a protective services officer must not give a direction under subsection (1) (c) if the entrant or entrants— tell the officer they— do not want an electronic screening device used in relation to their belongings, and are prepared to leave the building; or do not want their belongings inspected, and are prepared to leave the building; and immediately leave the building with their belongings. See also sections 633 and 633A .\n(sec.554-ssec.4) The entrant or entrants may tell the protective services officer a matter mentioned in subsection (3) before or after the officer starts to— use an electronic screening device in relation to the entrant or entrants under section 551 ; or conduct an inspection of the belongings of the entrant or entrants under section 552 .\n(sec.554-ssec.5) Also, a police officer or protective services officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless the direction is reasonably necessary in the interests of— public safety; or public order; or the protection of the rights and freedoms of other persons. the rights and freedoms of the public to enjoy the place the rights of persons to carry on lawful business in or in association with the place\n(sec.554-ssec.6) Without limiting subsection (1) , a direction under the subsection may require an entrant, or group of entrants, to a state building to do 1 of the following things— leave the building and not return or be within the building within a stated reasonable time of not more than 24 hours; leave a stated part of the building and not return or be within the stated part of the building within a stated reasonable time of not more than 24 hours; move from a particular location at or near the building for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the building within a stated reasonable time of not more than 24 hours.\n(sec.554-ssec.7) The police officer or protective services officer must give the entrant or group of entrants the reasons for the direction.\n(sec.554-ssec.8) This section does not limit or otherwise affect— chapter 2 , part 4 , division 1 ; or chapter 2 , part 5 .\n- (a) the behaviour of the entrant or entrants is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or\n- (b) the entrant or entrants have not complied with a requirement under section 550 ; or\n- (c) the entrant or entrants have not complied with a request under section 551 or 552 ; or\n- (d) the entrant or entrants have no good and lawful reason to enter or be at the building.\n- (a) tell the officer they— (i) do not want an electronic screening device used in relation to their belongings, and are prepared to leave the building; or (ii) do not want their belongings inspected, and are prepared to leave the building; and\n- (i) do not want an electronic screening device used in relation to their belongings, and are prepared to leave the building; or\n- (ii) do not want their belongings inspected, and are prepared to leave the building; and\n- (b) immediately leave the building with their belongings.\n- (i) do not want an electronic screening device used in relation to their belongings, and are prepared to leave the building; or\n- (ii) do not want their belongings inspected, and are prepared to leave the building; and\n- (a) use an electronic screening device in relation to the entrant or entrants under section 551 ; or\n- (b) conduct an inspection of the belongings of the entrant or entrants under section 552 .\n- (a) public safety; or\n- (b) public order; or\n- (c) the protection of the rights and freedoms of other persons.\n- • the rights and freedoms of the public to enjoy the place\n- • the rights of persons to carry on lawful business in or in association with the place\n- (a) leave the building and not return or be within the building within a stated reasonable time of not more than 24 hours;\n- (b) leave a stated part of the building and not return or be within the stated part of the building within a stated reasonable time of not more than 24 hours;\n- (c) move from a particular location at or near the building for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the building within a stated reasonable time of not more than 24 hours.\n- (a) chapter 2 , part 4 , division 1 ; or\n- (b) chapter 2 , part 5 .","sortOrder":1044},{"sectionNumber":"sec.555","sectionType":"section","heading":"Power of police officers to search person or vehicle without warrant not affected","content":"### sec.555 Power of police officers to search person or vehicle without warrant not affected\n\nThis division does not limit or otherwise affect the powers a police officer has under this Act to search a person or vehicle without a warrant.\ns 555 (prev s 265) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 19\nsub 2022 No. 9 s 4","sortOrder":1045},{"sectionNumber":"ch.19-pt.1-div.3","sectionType":"division","heading":"Other powers relating to screening","content":"## Other powers relating to screening","sortOrder":1046},{"sectionNumber":"sec.556","sectionType":"section","heading":"Seizure of proscribed thing","content":"### sec.556 Seizure of proscribed thing\n\nA police officer or protective services officer may seize a proscribed thing found in the possession of an entrant to a state building, unless the entrant has a reasonable excuse for possessing the proscribed thing in the state building.\npossessing a proscribed thing for use in the course of the person’s trade, business or calling in a state building\nSee section 622 .\ns 556 prev s 556 (orig s 266) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98\npres s 556 ins 2022 No. 9 s 4","sortOrder":1047},{"sectionNumber":"sec.557","sectionType":"section","heading":"Refusal of entry to and removal from state building","content":"### sec.557 Refusal of entry to and removal from state building\n\nThis section applies if a police officer or protective services officer reasonably suspects—\nthe behaviour of an entrant to a state building is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or\nan entrant to a state building has not complied with a requirement under section 550 ; or\nan entrant to a state building has not complied with a request under section 551 or 552 ; or\nan entrant to a state building has no good and lawful reason to enter or be at the building.\nThe police officer or protective services officer may—\nremove the entrant from the state building; and\nif the entrant is about to enter the state building—prevent the entrant from entering the state building.\nSee also section 615A .\ns 557 prev s 557 (orig s 267) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98\npres s 557 ins 2022 No. 9 s 4\n(sec.557-ssec.1) This section applies if a police officer or protective services officer reasonably suspects— the behaviour of an entrant to a state building is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or an entrant to a state building has not complied with a requirement under section 550 ; or an entrant to a state building has not complied with a request under section 551 or 552 ; or an entrant to a state building has no good and lawful reason to enter or be at the building.\n(sec.557-ssec.2) The police officer or protective services officer may— remove the entrant from the state building; and if the entrant is about to enter the state building—prevent the entrant from entering the state building. See also section 615A .\n- (a) the behaviour of an entrant to a state building is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or\n- (b) an entrant to a state building has not complied with a requirement under section 550 ; or\n- (c) an entrant to a state building has not complied with a request under section 551 or 552 ; or\n- (d) an entrant to a state building has no good and lawful reason to enter or be at the building.\n- (a) remove the entrant from the state building; and\n- (b) if the entrant is about to enter the state building—prevent the entrant from entering the state building.","sortOrder":1048},{"sectionNumber":"sec.558","sectionType":"section","heading":"Detention of entrants by protective services officers","content":"### sec.558 Detention of entrants by protective services officers\n\nThis section applies if a protective services officer reasonably suspects a person who is an entrant to a state building has committed an offence at or in connection with the building.\nThe protective services officer may detain the person for the time reasonably necessary to give the person into the custody of a police officer.\nIt is the duty of the protective services officer to release the person at the earliest reasonable opportunity if the person is no longer reasonably suspected of committing the offence for which the person was detained.\nSubsection (3) does not apply if the person is reasonably suspected of another offence, whether or not arising out of the circumstances of the offence for which the person was detained.\ns 558 prev s 558 (orig s 268) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98\npres s 558 ins 2022 No. 9 s 4\n(sec.558-ssec.1) This section applies if a protective services officer reasonably suspects a person who is an entrant to a state building has committed an offence at or in connection with the building.\n(sec.558-ssec.2) The protective services officer may detain the person for the time reasonably necessary to give the person into the custody of a police officer.\n(sec.558-ssec.3) It is the duty of the protective services officer to release the person at the earliest reasonable opportunity if the person is no longer reasonably suspected of committing the offence for which the person was detained.\n(sec.558-ssec.4) Subsection (3) does not apply if the person is reasonably suspected of another offence, whether or not arising out of the circumstances of the offence for which the person was detained.","sortOrder":1049},{"sectionNumber":"ch.19-pt.1-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":1050},{"sectionNumber":"sec.559","sectionType":"section","heading":"Protective services officer must produce identity card unless in uniform","content":"### sec.559 Protective services officer must produce identity card unless in uniform\n\nThis section applies if a protective services officer, other than a protective services officer who is in uniform, exercises a power under this part in relation to an entrant or group of entrants.\nThe protective services officer must—\nproduce the officer’s identity card for inspection by the entrant or entrants before exercising the power; or\ndisplay the officer’s identity card so it is clearly visible to the entrant or entrants when exercising the power.\nHowever, if it is not reasonably practicable to comply with subsection (2) , the protective services officer must produce the identity card for inspection by the entrant or entrants at the first reasonable opportunity.\nThe failure of a protective services officer to comply with subsection (2) or (3) does not make the exercise of a power under this part unlawful.\nIn this section—\nidentity card , of a protective services officer, means the identity card issued to the officer under the Police Service Administration Act 1990 , section 5 .21.\ns 559 prev s 559 (orig s 269) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98\npres s 559 ins 2022 No. 9 s 4\n(sec.559-ssec.1) This section applies if a protective services officer, other than a protective services officer who is in uniform, exercises a power under this part in relation to an entrant or group of entrants.\n(sec.559-ssec.2) The protective services officer must— produce the officer’s identity card for inspection by the entrant or entrants before exercising the power; or display the officer’s identity card so it is clearly visible to the entrant or entrants when exercising the power.\n(sec.559-ssec.3) However, if it is not reasonably practicable to comply with subsection (2) , the protective services officer must produce the identity card for inspection by the entrant or entrants at the first reasonable opportunity.\n(sec.559-ssec.4) The failure of a protective services officer to comply with subsection (2) or (3) does not make the exercise of a power under this part unlawful.\n(sec.559-ssec.5) In this section— identity card , of a protective services officer, means the identity card issued to the officer under the Police Service Administration Act 1990 , section 5 .21.\n- (a) produce the officer’s identity card for inspection by the entrant or entrants before exercising the power; or\n- (b) display the officer’s identity card so it is clearly visible to the entrant or entrants when exercising the power.","sortOrder":1051},{"sectionNumber":"sec.560","sectionType":"section","heading":"Relationship with other powers","content":"### sec.560 Relationship with other powers\n\nThis part does not limit or otherwise affect another Act or law, or any inherent jurisdiction, power or authority of a court or tribunal, that regulates the conduct or presence of a person in a court, tribunal or other state building.\ns 560 prev s 560 (orig s 270) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98\npres s 560 ins 2022 No. 9 s 4","sortOrder":1052},{"sectionNumber":"ch.19-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":1053},{"sectionNumber":"ch.19-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1054},{"sectionNumber":"ch.19-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1055},{"sectionNumber":"ch.19-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1056},{"sectionNumber":"sec.561","sectionType":"section","heading":null,"content":"### Section sec.561\n\ns 561 (prev s 271) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1057},{"sectionNumber":"sec.562","sectionType":"section","heading":null,"content":"### Section sec.562\n\ns 562 (prev s 272) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1058},{"sectionNumber":"ch.19-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1059},{"sectionNumber":"sec.563","sectionType":"section","heading":null,"content":"### Section sec.563\n\ns 563 (prev s 273) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1060},{"sectionNumber":"sec.564","sectionType":"section","heading":null,"content":"### Section sec.564\n\ns 564 (prev s 274) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1061},{"sectionNumber":"sec.565","sectionType":"section","heading":null,"content":"### Section sec.565\n\ns 565 (prev s 275) renum 2000 No. 22 s 19\namd 2006 No. 26 s 3 sch 1\nom 2014 No. 60 s 98","sortOrder":1062},{"sectionNumber":"ch.19-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":1063},{"sectionNumber":"sec.566","sectionType":"section","heading":null,"content":"### Section sec.566\n\ns 566 (prev s 276) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1064},{"sectionNumber":"sec.567","sectionType":"section","heading":null,"content":"### Section sec.567\n\ns 567 (prev s 277) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1065},{"sectionNumber":"sec.568","sectionType":"section","heading":null,"content":"### Section sec.568\n\ns 568 (prev s 278) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1066},{"sectionNumber":"sec.569","sectionType":"section","heading":null,"content":"### Section sec.569\n\ns 569 (prev s 279) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1067},{"sectionNumber":"sec.570","sectionType":"section","heading":null,"content":"### Section sec.570\n\ns 570 (prev s 280) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1068},{"sectionNumber":"ch.19-pt.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":1069},{"sectionNumber":"sec.571","sectionType":"section","heading":null,"content":"### Section sec.571\n\ns 571 (prev s 281) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1070},{"sectionNumber":"sec.572","sectionType":"section","heading":null,"content":"### Section sec.572\n\ns 572 (prev s 282) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1071},{"sectionNumber":"sec.573","sectionType":"section","heading":null,"content":"### Section sec.573\n\ns 573 (prev s 283) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1072},{"sectionNumber":"sec.574","sectionType":"section","heading":null,"content":"### Section sec.574\n\ns 574 (prev s 284) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1073},{"sectionNumber":"sec.575","sectionType":"section","heading":null,"content":"### Section sec.575\n\ns 575 (prev s 285) renum 2000 No. 22 s 19\nom 2014 No. 60 s 98","sortOrder":1074},{"sectionNumber":"ch.19-pt.3","sectionType":"part","heading":"Powers relating to noise","content":"# Powers relating to noise","sortOrder":1075},{"sectionNumber":"ch.19-pt.3-div.1","sectionType":"division","heading":"Noise abatement direction","content":"## Noise abatement direction","sortOrder":1076},{"sectionNumber":"sec.576","sectionType":"section","heading":"Application of pt 3","content":"### sec.576 Application of pt 3\n\nThis part applies to an environmental nuisance caused by noise of a kind mentioned in section 578 (1) (b) , 579 (1) (b) or 580 (1) (b) or (2) (b) that is audible at or near any residential or commercial premises and is excessive in the circumstances.\nHowever, this part does not apply to an environmental nuisance caused by noise emitted from a place—\nwhile being used for an open-air concert or commercial entertainment; or\nby a public meeting under a permit under a law authorising the amplification or reproduction of sound by—\nany electrical or mechanical appliance, apparatus or device; or\nanother way; or\nwhile the place is being used by motor vehicles under a permit under a law.\ns 576 (prev s 286) renum 2000 No. 22 s 19\namd 2002 No. 33 s 8\nsub 2005 No. 64 s 17\n(sec.576-ssec.1) This part applies to an environmental nuisance caused by noise of a kind mentioned in section 578 (1) (b) , 579 (1) (b) or 580 (1) (b) or (2) (b) that is audible at or near any residential or commercial premises and is excessive in the circumstances.\n(sec.576-ssec.2) However, this part does not apply to an environmental nuisance caused by noise emitted from a place— while being used for an open-air concert or commercial entertainment; or by a public meeting under a permit under a law authorising the amplification or reproduction of sound by— any electrical or mechanical appliance, apparatus or device; or another way; or while the place is being used by motor vehicles under a permit under a law.\n- (a) while being used for an open-air concert or commercial entertainment; or\n- (b) by a public meeting under a permit under a law authorising the amplification or reproduction of sound by— (i) any electrical or mechanical appliance, apparatus or device; or (ii) another way; or\n- (i) any electrical or mechanical appliance, apparatus or device; or\n- (ii) another way; or\n- (c) while the place is being used by motor vehicles under a permit under a law.\n- (i) any electrical or mechanical appliance, apparatus or device; or\n- (ii) another way; or","sortOrder":1077},{"sectionNumber":"sec.577","sectionType":"section","heading":"Complaint about noise","content":"### sec.577 Complaint about noise\n\nA person may make a complaint, including an anonymous complaint, to a police officer about noise emitted from a place.\nAs soon as practicable after the complaint is made, a police officer must investigate the complaint, or cause the complaint to be investigated, unless the officer believes the complaint is frivolous or vexatious.\nHowever, this section does not stop a police officer taking action under this part without a complaint in relation to excessive noise emitted from a motor vehicle on a road or in a public place.\ns 577 (prev s 287) renum 2000 No. 22 s 19\namd 2002 No. 33 s 9 ; 2014 No. 1 s 29\n(sec.577-ssec.1) A person may make a complaint, including an anonymous complaint, to a police officer about noise emitted from a place.\n(sec.577-ssec.2) As soon as practicable after the complaint is made, a police officer must investigate the complaint, or cause the complaint to be investigated, unless the officer believes the complaint is frivolous or vexatious.\n(sec.577-ssec.3) However, this section does not stop a police officer taking action under this part without a complaint in relation to excessive noise emitted from a motor vehicle on a road or in a public place.","sortOrder":1078},{"sectionNumber":"sec.578","sectionType":"section","heading":"How to decide what is excessive noise—noise emitted from a place","content":"### sec.578 How to decide what is excessive noise—noise emitted from a place\n\nThis section applies if—\na complaint has been made about noise; and\nthe complaint relates to noise emitted from a place by—\na musical instrument; or\nan appliance for electronically producing or amplifying music or other sounds; or\na motor vehicle, other than a motor vehicle on a road; or\na gathering of people for a meeting, party, celebration or similar occasion; and\na police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises; and\nsection 579 does not apply.\nIn deciding, for this part, whether the noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including—\nthe degree of interference the noise is causing or is likely to cause to the conduct of activities ordinarily carried out in the vicinity of the place from which the noise is being emitted; and\nthe nature of the lawful uses permitted for premises in the vicinity of the place from which the noise is being emitted.\ns 578 ins 2005 No. 64 s 18\namd 2014 No. 1 s 30\n(sec.578-ssec.1) This section applies if— a complaint has been made about noise; and the complaint relates to noise emitted from a place by— a musical instrument; or an appliance for electronically producing or amplifying music or other sounds; or a motor vehicle, other than a motor vehicle on a road; or a gathering of people for a meeting, party, celebration or similar occasion; and a police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises; and section 579 does not apply.\n(sec.578-ssec.2) In deciding, for this part, whether the noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including— the degree of interference the noise is causing or is likely to cause to the conduct of activities ordinarily carried out in the vicinity of the place from which the noise is being emitted; and the nature of the lawful uses permitted for premises in the vicinity of the place from which the noise is being emitted.\n- (a) a complaint has been made about noise; and\n- (b) the complaint relates to noise emitted from a place by— (i) a musical instrument; or (ii) an appliance for electronically producing or amplifying music or other sounds; or (iii) a motor vehicle, other than a motor vehicle on a road; or (iv) a gathering of people for a meeting, party, celebration or similar occasion; and\n- (i) a musical instrument; or\n- (ii) an appliance for electronically producing or amplifying music or other sounds; or\n- (iii) a motor vehicle, other than a motor vehicle on a road; or\n- (iv) a gathering of people for a meeting, party, celebration or similar occasion; and\n- (c) a police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises; and\n- (d) section 579 does not apply.\n- (i) a musical instrument; or\n- (ii) an appliance for electronically producing or amplifying music or other sounds; or\n- (iii) a motor vehicle, other than a motor vehicle on a road; or\n- (iv) a gathering of people for a meeting, party, celebration or similar occasion; and\n- (a) the degree of interference the noise is causing or is likely to cause to the conduct of activities ordinarily carried out in the vicinity of the place from which the noise is being emitted; and\n- (b) the nature of the lawful uses permitted for premises in the vicinity of the place from which the noise is being emitted.","sortOrder":1079},{"sectionNumber":"sec.579","sectionType":"section","heading":"How to decide what is excessive noise—noise emitted by motorbike driven on a place that is not a road","content":"### sec.579 How to decide what is excessive noise—noise emitted by motorbike driven on a place that is not a road\n\nThis section applies if—\na complaint has been made about noise; and\nthe complaint relates to noise emitted by a motorbike being driven on a place that is not a road; and\na police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.\nIn deciding, for this part, whether the noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including—\nthe degree of interference the noise is causing, or is likely to cause, to the conduct of activities ordinarily carried out in the vicinity of the place from which the noise is being emitted; and\nthe nature of the lawful uses permitted for premises in the vicinity of the place from which the noise is being emitted.\ns 579 ins 2005 No. 64 s 18\namd 2014 No. 1 s 31\n(sec.579-ssec.1) This section applies if— a complaint has been made about noise; and the complaint relates to noise emitted by a motorbike being driven on a place that is not a road; and a police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.\n(sec.579-ssec.2) In deciding, for this part, whether the noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including— the degree of interference the noise is causing, or is likely to cause, to the conduct of activities ordinarily carried out in the vicinity of the place from which the noise is being emitted; and the nature of the lawful uses permitted for premises in the vicinity of the place from which the noise is being emitted.\n- (a) a complaint has been made about noise; and\n- (b) the complaint relates to noise emitted by a motorbike being driven on a place that is not a road; and\n- (c) a police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.\n- (a) the degree of interference the noise is causing, or is likely to cause, to the conduct of activities ordinarily carried out in the vicinity of the place from which the noise is being emitted; and\n- (b) the nature of the lawful uses permitted for premises in the vicinity of the place from which the noise is being emitted.","sortOrder":1080},{"sectionNumber":"sec.580","sectionType":"section","heading":"How to decide what is excessive noise—noise emitted in other particular circumstances","content":"### sec.580 How to decide what is excessive noise—noise emitted in other particular circumstances\n\nThis section applies if—\na complaint is made about noise; and\nthe complaint relates to noise that—\nis emitted from a motor vehicle on a road or in a public place; and\nis emitted by an appliance for electronically producing or amplifying music or other sounds including, for example, by a radio, CD player or other similar equipment for producing or amplifying music or other sounds that is in the motor vehicle; and\nthe police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.\nThis section also applies if—\na police officer hears noise; and\nthe noise is emitted from a motor vehicle in the circumstances mentioned in subsection (1) (b) ; and\nthe police officer is satisfied that the noise is clearly audible at or near residential or commercial premises.\nIn deciding, for this part, whether noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including the degree of interference or annoyance the noise is causing, or is likely to cause, to persons in the vicinity of the road or public place.\nThe person may be causing interference or annoyance to patrons of a motel by continually driving past the motel with the volume of a radio in the car at an excessive level.\ns 580 ins 2005 No. 64 s 18\namd 2014 No. 1 s 32\n(sec.580-ssec.1) This section applies if— a complaint is made about noise; and the complaint relates to noise that— is emitted from a motor vehicle on a road or in a public place; and is emitted by an appliance for electronically producing or amplifying music or other sounds including, for example, by a radio, CD player or other similar equipment for producing or amplifying music or other sounds that is in the motor vehicle; and the police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.\n(sec.580-ssec.2) This section also applies if— a police officer hears noise; and the noise is emitted from a motor vehicle in the circumstances mentioned in subsection (1) (b) ; and the police officer is satisfied that the noise is clearly audible at or near residential or commercial premises.\n(sec.580-ssec.3) In deciding, for this part, whether noise is excessive in the circumstances, the police officer may have regard to any relevant matters, including the degree of interference or annoyance the noise is causing, or is likely to cause, to persons in the vicinity of the road or public place. The person may be causing interference or annoyance to patrons of a motel by continually driving past the motel with the volume of a radio in the car at an excessive level.\n- (a) a complaint is made about noise; and\n- (b) the complaint relates to noise that— (i) is emitted from a motor vehicle on a road or in a public place; and (ii) is emitted by an appliance for electronically producing or amplifying music or other sounds including, for example, by a radio, CD player or other similar equipment for producing or amplifying music or other sounds that is in the motor vehicle; and\n- (i) is emitted from a motor vehicle on a road or in a public place; and\n- (ii) is emitted by an appliance for electronically producing or amplifying music or other sounds including, for example, by a radio, CD player or other similar equipment for producing or amplifying music or other sounds that is in the motor vehicle; and\n- (c) the police officer attending in response to the complaint is reasonably satisfied the noise complained of is clearly audible at or near residential or commercial premises.\n- (i) is emitted from a motor vehicle on a road or in a public place; and\n- (ii) is emitted by an appliance for electronically producing or amplifying music or other sounds including, for example, by a radio, CD player or other similar equipment for producing or amplifying music or other sounds that is in the motor vehicle; and\n- (a) a police officer hears noise; and\n- (b) the noise is emitted from a motor vehicle in the circumstances mentioned in subsection (1) (b) ; and\n- (c) the police officer is satisfied that the noise is clearly audible at or near residential or commercial premises.","sortOrder":1081},{"sectionNumber":"sec.581","sectionType":"section","heading":"Powers of police officer to deal with excessive noise","content":"### sec.581 Powers of police officer to deal with excessive noise\n\nThis section applies if a police officer is reasonably satisfied that noise to which this part applies is excessive in the circumstances.\nThe police officer may enter the place without warrant.\nThe police officer must give the person responsible for the noise a direction ( noise abatement direction )—\norally or in writing; or\nif the direction relates to noise emitted by a motorbike being driven on a place other than a road—by a notice in the approved form.\nAlso, if the person to whom the direction is given under subsection (3) (b) is a child, a copy of the notice must be given to the child’s parent or guardian if it is reasonably practicable to do so.\nA direction given under subsection (3) (a) must direct any person responsible for the noise, or for permitting the noise to be caused, to immediately abate the excessive noise from the place.\nA notice given to a person under subsection (3) (b) must direct the driver to immediately abate the excessive noise from the motorbike and include—\nthe time the notice was given; and\nthe name and other particulars of the person given the direction; and\nthe particulars necessary to properly identify the motorbike; and\na general description of the place or, if the noise abatement direction relates only to a part of the place, the part of the place to which the direction relates.\nUnless otherwise stated, the noise abatement direction applies to the whole of the place to which it relates.\nHowever, a notice given under subsection (3) (b) may be limited to a stated part of a place if the police officer giving the notice is satisfied, having regard, for example, to the size or topography of the place—\nthe driving of the motorbike on the stated part of the place is appropriate; and\nanother complaint about noise emitted from the motorbike is unlikely to be made if the motorbike is driven on the place but not on the part of the place stated in the notice.\nFor subsection (5) , persons responsible for noise include—\nif the noise is being emitted from or by a motor vehicle—the person driving the motor vehicle; or\nif the noise is being emitted from another place—the person apparently in charge of the place.\ns 581 (prev s 288) renum 2000 No. 22 s 19\namd 2002 No. 33 s 10\nsub 2005 No. 64 s 19\n(sec.581-ssec.1) This section applies if a police officer is reasonably satisfied that noise to which this part applies is excessive in the circumstances.\n(sec.581-ssec.2) The police officer may enter the place without warrant.\n(sec.581-ssec.3) The police officer must give the person responsible for the noise a direction ( noise abatement direction )— orally or in writing; or if the direction relates to noise emitted by a motorbike being driven on a place other than a road—by a notice in the approved form.\n(sec.581-ssec.4) Also, if the person to whom the direction is given under subsection (3) (b) is a child, a copy of the notice must be given to the child’s parent or guardian if it is reasonably practicable to do so.\n(sec.581-ssec.5) A direction given under subsection (3) (a) must direct any person responsible for the noise, or for permitting the noise to be caused, to immediately abate the excessive noise from the place.\n(sec.581-ssec.6) A notice given to a person under subsection (3) (b) must direct the driver to immediately abate the excessive noise from the motorbike and include— the time the notice was given; and the name and other particulars of the person given the direction; and the particulars necessary to properly identify the motorbike; and a general description of the place or, if the noise abatement direction relates only to a part of the place, the part of the place to which the direction relates.\n(sec.581-ssec.7) Unless otherwise stated, the noise abatement direction applies to the whole of the place to which it relates.\n(sec.581-ssec.8) However, a notice given under subsection (3) (b) may be limited to a stated part of a place if the police officer giving the notice is satisfied, having regard, for example, to the size or topography of the place— the driving of the motorbike on the stated part of the place is appropriate; and another complaint about noise emitted from the motorbike is unlikely to be made if the motorbike is driven on the place but not on the part of the place stated in the notice.\n(sec.581-ssec.9) For subsection (5) , persons responsible for noise include— if the noise is being emitted from or by a motor vehicle—the person driving the motor vehicle; or if the noise is being emitted from another place—the person apparently in charge of the place.\n- (a) orally or in writing; or\n- (b) if the direction relates to noise emitted by a motorbike being driven on a place other than a road—by a notice in the approved form.\n- (a) the time the notice was given; and\n- (b) the name and other particulars of the person given the direction; and\n- (c) the particulars necessary to properly identify the motorbike; and\n- (d) a general description of the place or, if the noise abatement direction relates only to a part of the place, the part of the place to which the direction relates.\n- (a) the driving of the motorbike on the stated part of the place is appropriate; and\n- (b) another complaint about noise emitted from the motorbike is unlikely to be made if the motorbike is driven on the place but not on the part of the place stated in the notice.\n- (a) if the noise is being emitted from or by a motor vehicle—the person driving the motor vehicle; or\n- (b) if the noise is being emitted from another place—the person apparently in charge of the place.","sortOrder":1082},{"sectionNumber":"sec.582","sectionType":"section","heading":"Compliance with noise abatement direction","content":"### sec.582 Compliance with noise abatement direction\n\nA person to whom a noise abatement direction is given must—\nimmediately comply with the direction; and\nrefrain from the emission, or contributing to the emission, of excessive noise from the place to which the direction relates or, if the direction relates only to a part of the place, the stated part of the place, for the noise abatement period.\nMaximum penalty—10 penalty units.\nA person who knows a noise abatement direction has been given must refrain from the emission, or contributing to the emission, of excessive noise from the place to which the direction relates or, if the direction relates only to a part of the place, the stated part of the place, for the noise abatement period.\nMaximum penalty—10 penalty units.\nFor applying subsection (1) or (2) , it does not matter that noise emitted from a place in contravention of the subsection is not of the same level or nature of the excessive noise for which the noise abatement direction was given.\nIn a proceeding for an offence against this section, it is not necessary to prove the noise abatement direction was given in response to a complaint about noise made to a police officer.\nIn this section—\nnoise abatement period means—\nfor a noise abatement direction given in relation to a motorbike being used on a place that is not a road—48 hours after the direction is given; or\nfor any other noise abatement direction—96 hours after the direction is given.\ns 582 (prev s 289) renum 2000 No. 22 s 19\namd 2005 No. 64 s 20 ; 2014 No. 1 s 33\n(sec.582-ssec.1) A person to whom a noise abatement direction is given must— immediately comply with the direction; and refrain from the emission, or contributing to the emission, of excessive noise from the place to which the direction relates or, if the direction relates only to a part of the place, the stated part of the place, for the noise abatement period. Maximum penalty—10 penalty units.\n(sec.582-ssec.2) A person who knows a noise abatement direction has been given must refrain from the emission, or contributing to the emission, of excessive noise from the place to which the direction relates or, if the direction relates only to a part of the place, the stated part of the place, for the noise abatement period. Maximum penalty—10 penalty units.\n(sec.582-ssec.3) For applying subsection (1) or (2) , it does not matter that noise emitted from a place in contravention of the subsection is not of the same level or nature of the excessive noise for which the noise abatement direction was given.\n(sec.582-ssec.4) In a proceeding for an offence against this section, it is not necessary to prove the noise abatement direction was given in response to a complaint about noise made to a police officer.\n(sec.582-ssec.5) In this section— noise abatement period means— for a noise abatement direction given in relation to a motorbike being used on a place that is not a road—48 hours after the direction is given; or for any other noise abatement direction—96 hours after the direction is given.\n- (a) immediately comply with the direction; and\n- (b) refrain from the emission, or contributing to the emission, of excessive noise from the place to which the direction relates or, if the direction relates only to a part of the place, the stated part of the place, for the noise abatement period.\n- (a) for a noise abatement direction given in relation to a motorbike being used on a place that is not a road—48 hours after the direction is given; or\n- (b) for any other noise abatement direction—96 hours after the direction is given.","sortOrder":1083},{"sectionNumber":"sec.583","sectionType":"section","heading":"Additional powers of police officers on later investigation","content":"### sec.583 Additional powers of police officers on later investigation\n\nThis section applies if—\na noise abatement direction has been given about a place; and\nwithin the noise abatement period as defined under section 582 (5) , a police officer is satisfied on further investigation that the police officer must again exercise the powers mentioned in section 581 about the same place or the same motor vehicle.\nA police officer may—\nwithout a warrant, enter the place from which the noise is being emitted; and\nin relation to the property that is or was being used to produce or contribute to the production of the noise—\nlock, seal or otherwise deal with it in a way to prevent its further use; or\nseize and remove it from the place; or\nmake it inoperable by removing any part or parts and seize and remove the part or parts from the place; or\nif it is a motorbike and section 80 applies—impound the motorbike under section 80 .\nHowever, in exercising or attempting to exercise the powers, the police officer must take all reasonable steps to ensure the officer does as little damage as is practicable in the circumstances.\ns 583 (prev s 290) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 19\namd 2004 No. 53 s 2 sch ; 2005 No. 64 s 21 ; 2007 No. 1 s 11 sch 1 ; 2013 No. 15 s 80 sch ; 2014 No. 1 s 34\n(sec.583-ssec.1) This section applies if— a noise abatement direction has been given about a place; and within the noise abatement period as defined under section 582 (5) , a police officer is satisfied on further investigation that the police officer must again exercise the powers mentioned in section 581 about the same place or the same motor vehicle.\n(sec.583-ssec.2) A police officer may— without a warrant, enter the place from which the noise is being emitted; and in relation to the property that is or was being used to produce or contribute to the production of the noise— lock, seal or otherwise deal with it in a way to prevent its further use; or seize and remove it from the place; or make it inoperable by removing any part or parts and seize and remove the part or parts from the place; or if it is a motorbike and section 80 applies—impound the motorbike under section 80 .\n(sec.583-ssec.3) However, in exercising or attempting to exercise the powers, the police officer must take all reasonable steps to ensure the officer does as little damage as is practicable in the circumstances.\n- (a) a noise abatement direction has been given about a place; and\n- (b) within the noise abatement period as defined under section 582 (5) , a police officer is satisfied on further investigation that the police officer must again exercise the powers mentioned in section 581 about the same place or the same motor vehicle.\n- (a) without a warrant, enter the place from which the noise is being emitted; and\n- (b) in relation to the property that is or was being used to produce or contribute to the production of the noise— (i) lock, seal or otherwise deal with it in a way to prevent its further use; or (ii) seize and remove it from the place; or (iii) make it inoperable by removing any part or parts and seize and remove the part or parts from the place; or (iv) if it is a motorbike and section 80 applies—impound the motorbike under section 80 .\n- (i) lock, seal or otherwise deal with it in a way to prevent its further use; or\n- (ii) seize and remove it from the place; or\n- (iii) make it inoperable by removing any part or parts and seize and remove the part or parts from the place; or\n- (iv) if it is a motorbike and section 80 applies—impound the motorbike under section 80 .\n- (i) lock, seal or otherwise deal with it in a way to prevent its further use; or\n- (ii) seize and remove it from the place; or\n- (iii) make it inoperable by removing any part or parts and seize and remove the part or parts from the place; or\n- (iv) if it is a motorbike and section 80 applies—impound the motorbike under section 80 .","sortOrder":1084},{"sectionNumber":"sec.584","sectionType":"section","heading":"Offence to interfere with locked etc. property","content":"### sec.584 Offence to interfere with locked etc. property\n\nThis section applies if a police officer locks, seals or otherwise deals with property under section 583 (2) (b) (i) .\nA person must not unlock, unseal or use the property during the noise abatement period, as defined under section 582 (5) , for the place where the property is found.\nMaximum penalty for subsection (2) —100 penalty units.\ns 584 (prev s 291) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 19\namd 2014 No. 1 s 35\n(sec.584-ssec.1) This section applies if a police officer locks, seals or otherwise deals with property under section 583 (2) (b) (i) .\n(sec.584-ssec.2) A person must not unlock, unseal or use the property during the noise abatement period, as defined under section 582 (5) , for the place where the property is found. Maximum penalty for subsection (2) —100 penalty units.","sortOrder":1085},{"sectionNumber":"sec.585","sectionType":"section","heading":"Recovery of seized property","content":"### sec.585 Recovery of seized property\n\nProperty seized by a police officer may be claimed by—\nthe owner of the property or a person acting for the owner; or\nthe person from whose possession the property was seized or someone acting for the person.\nThe claim may be made only during stated hours on a business day after the end of the noise abatement period, as defined under section 582 (5) , for the place where the property is found.\nA police officer must not give seized property to a person claiming it unless the police officer is satisfied the claimant is—\nthe owner of the property or the person from whose possession the property was seized; or\na person acting for a person mentioned in paragraph (a) .\nNothing in this section prevents a police officer retaining seized property if the police officer reasonably suspects the property is evidence of the commission of an offence.\ns 585 (prev s 292) renum 2000 No. 22 s 19\namd 2014 No. 1 s 36\n(sec.585-ssec.1) Property seized by a police officer may be claimed by— the owner of the property or a person acting for the owner; or the person from whose possession the property was seized or someone acting for the person.\n(sec.585-ssec.2) The claim may be made only during stated hours on a business day after the end of the noise abatement period, as defined under section 582 (5) , for the place where the property is found.\n(sec.585-ssec.3) A police officer must not give seized property to a person claiming it unless the police officer is satisfied the claimant is— the owner of the property or the person from whose possession the property was seized; or a person acting for a person mentioned in paragraph (a) .\n(sec.585-ssec.4) Nothing in this section prevents a police officer retaining seized property if the police officer reasonably suspects the property is evidence of the commission of an offence.\n- (a) the owner of the property or a person acting for the owner; or\n- (b) the person from whose possession the property was seized or someone acting for the person.\n- (a) the owner of the property or the person from whose possession the property was seized; or\n- (b) a person acting for a person mentioned in paragraph (a) .","sortOrder":1086},{"sectionNumber":"sec.586","sectionType":"section","heading":"Recovery of costs of seizure etc.","content":"### sec.586 Recovery of costs of seizure etc.\n\nThe State may recover as a debt owing to it the reasonable costs incurred by a police officer exercising powers under section 583 .\nSubsection (1) does not apply to costs incurred if, because of section 583 (2) (b) (iv) , a police officer impounds a motorbike under chapter 4 .\nChapter 4 , part 6 makes provision about who is liable to pay the costs of removing and keeping a motorbike impounded because of the exercise of powers under this part.\ns 586 (prev s 293) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 19\namd 2005 No. 64 s 22\n(sec.586-ssec.1) The State may recover as a debt owing to it the reasonable costs incurred by a police officer exercising powers under section 583 .\n(sec.586-ssec.2) Subsection (1) does not apply to costs incurred if, because of section 583 (2) (b) (iv) , a police officer impounds a motorbike under chapter 4 . Chapter 4 , part 6 makes provision about who is liable to pay the costs of removing and keeping a motorbike impounded because of the exercise of powers under this part.","sortOrder":1087},{"sectionNumber":"sec.587","sectionType":"section","heading":"General powers and role of community police officers","content":"### sec.587 General powers and role of community police officers\n\nA community police officer may exercise powers under this part only in the community government or IRC area for which the officer is appointed under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 .\ns 587 (prev s 294) renum 2000 No. 22 s 19\namd 2004 No. 37 s 86 sch 1\nsub 2007 No. 59 s 152 sch","sortOrder":1088},{"sectionNumber":"sec.588","sectionType":"section","heading":"Power to require answers to questions","content":"### sec.588 Power to require answers to questions\n\nThis section applies if a police officer reasonably suspects that—\nan offence against this part has been committed; and\na person may be able to give information about the offence.\nThe police officer may require the person to answer a question about the offence.\ns 588 (prev s 295) renum 2000 No. 22 s 19\namd 2006 No. 26 s 3 sch 1\n(sec.588-ssec.1) This section applies if a police officer reasonably suspects that— an offence against this part has been committed; and a person may be able to give information about the offence.\n(sec.588-ssec.2) The police officer may require the person to answer a question about the offence.\n- (a) an offence against this part has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":1089},{"sectionNumber":"ch.19-pt.3-div.2","sectionType":"division","heading":"Noise abatement order","content":"## Noise abatement order","sortOrder":1090},{"sectionNumber":"sec.589","sectionType":"section","heading":"Noise abatement order—application for order","content":"### sec.589 Noise abatement order—application for order\n\nThis section applies if a person (the respondent )—\ncontravenes a noise abatement direction in relation to excessive noise emitted by a motorbike driven on a place other than a road; or\nis given 2 noise abatement directions within a period of 1 month in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of the motorbike on the same place which is not a road.\nThe driver of a motorbike is given 2 noise abatement directions, one on 1 July and the other on 5 July. Both directions relate to excessive noise emitted by a motorbike when being driven on the same place. An application may be made under this section for a noise abatement order even though the person does not contravene either direction.\nA police officer may apply for an order that the driving of the motorbike by the respondent be restricted in the way requested in the application (a noise abatement order ).\nThe application must be made—\nif the respondent contravened a noise abatement direction mentioned in subsection (1) (a) —within 48 hours after the contravention; or\nif the second of 2 noise abatement directions mentioned in subsection (1) (b) was given to the respondent—within 48 hours after the second direction was given.\nThe application must be made to the relevant court in the approved form but may be made to a magistrate in the way provided under section 800 and subsection (5) of this section.\nIf the application is properly made to a magistrate under section 800 , the magistrate must—\norder that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and\ngive a copy of the application and the order to the clerk of the court of the relevant court.\nAs soon as reasonably practicable after a date is set for hearing the application, a police officer must give notice of the application to—\nthe respondent; and\nif the respondent is not the owner of the motorbike—the owner of the motorbike; and\nif a person mentioned in paragraph (a) or (b) is a child, the child’s parent or guardian if it is reasonably practicable to do so; and\nif a person mentioned in paragraph (a) , (b) or (c) is not the owner of the land on which the contravention happened, the owner of the land if it is reasonably practicable to do so.\nThe notice must be in the approved form and state—\nthe name and other particulars of the respondent; and\nthe particulars necessary to properly identify the motorbike; and\na description sufficient to identify the land on which the contravention happened and who owns the land; and\nthat an application has been made to a stated court for an order to restrict the driving of a stated motorbike by the respondent in stated ways; and\nwhen and where the application is to be heard; and\nthat if the respondent does not appear at the hearing, the application may be heard and decided in the respondent’s absence.\nThe notice may be combined with another notice given under this Act.\nIn this section—\nMagistrates Court , for an application brought against a child, means a Childrens Court constituted by a magistrate.\nrelevant court means the Magistrates Court for the Magistrates Court district, or division of the district, in which the noise abatement order was contravened.\ns 589 ins 2005 No. 64 s 23\namd 2006 No. 26 s 3 sch 1\n(sec.589-ssec.1) This section applies if a person (the respondent )— contravenes a noise abatement direction in relation to excessive noise emitted by a motorbike driven on a place other than a road; or is given 2 noise abatement directions within a period of 1 month in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of the motorbike on the same place which is not a road. The driver of a motorbike is given 2 noise abatement directions, one on 1 July and the other on 5 July. Both directions relate to excessive noise emitted by a motorbike when being driven on the same place. An application may be made under this section for a noise abatement order even though the person does not contravene either direction.\n(sec.589-ssec.2) A police officer may apply for an order that the driving of the motorbike by the respondent be restricted in the way requested in the application (a noise abatement order ).\n(sec.589-ssec.3) The application must be made— if the respondent contravened a noise abatement direction mentioned in subsection (1) (a) —within 48 hours after the contravention; or if the second of 2 noise abatement directions mentioned in subsection (1) (b) was given to the respondent—within 48 hours after the second direction was given.\n(sec.589-ssec.4) The application must be made to the relevant court in the approved form but may be made to a magistrate in the way provided under section 800 and subsection (5) of this section.\n(sec.589-ssec.5) If the application is properly made to a magistrate under section 800 , the magistrate must— order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and give a copy of the application and the order to the clerk of the court of the relevant court.\n(sec.589-ssec.6) As soon as reasonably practicable after a date is set for hearing the application, a police officer must give notice of the application to— the respondent; and if the respondent is not the owner of the motorbike—the owner of the motorbike; and if a person mentioned in paragraph (a) or (b) is a child, the child’s parent or guardian if it is reasonably practicable to do so; and if a person mentioned in paragraph (a) , (b) or (c) is not the owner of the land on which the contravention happened, the owner of the land if it is reasonably practicable to do so.\n(sec.589-ssec.7) The notice must be in the approved form and state— the name and other particulars of the respondent; and the particulars necessary to properly identify the motorbike; and a description sufficient to identify the land on which the contravention happened and who owns the land; and that an application has been made to a stated court for an order to restrict the driving of a stated motorbike by the respondent in stated ways; and when and where the application is to be heard; and that if the respondent does not appear at the hearing, the application may be heard and decided in the respondent’s absence.\n(sec.589-ssec.8) The notice may be combined with another notice given under this Act.\n(sec.589-ssec.9) In this section— Magistrates Court , for an application brought against a child, means a Childrens Court constituted by a magistrate. relevant court means the Magistrates Court for the Magistrates Court district, or division of the district, in which the noise abatement order was contravened.\n- (a) contravenes a noise abatement direction in relation to excessive noise emitted by a motorbike driven on a place other than a road; or\n- (b) is given 2 noise abatement directions within a period of 1 month in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of the motorbike on the same place which is not a road.\n- (a) if the respondent contravened a noise abatement direction mentioned in subsection (1) (a) —within 48 hours after the contravention; or\n- (b) if the second of 2 noise abatement directions mentioned in subsection (1) (b) was given to the respondent—within 48 hours after the second direction was given.\n- (a) order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and\n- (b) give a copy of the application and the order to the clerk of the court of the relevant court.\n- (a) the respondent; and\n- (b) if the respondent is not the owner of the motorbike—the owner of the motorbike; and\n- (c) if a person mentioned in paragraph (a) or (b) is a child, the child’s parent or guardian if it is reasonably practicable to do so; and\n- (d) if a person mentioned in paragraph (a) , (b) or (c) is not the owner of the land on which the contravention happened, the owner of the land if it is reasonably practicable to do so.\n- (a) the name and other particulars of the respondent; and\n- (b) the particulars necessary to properly identify the motorbike; and\n- (c) a description sufficient to identify the land on which the contravention happened and who owns the land; and\n- (d) that an application has been made to a stated court for an order to restrict the driving of a stated motorbike by the respondent in stated ways; and\n- (e) when and where the application is to be heard; and\n- (f) that if the respondent does not appear at the hearing, the application may be heard and decided in the respondent’s absence.","sortOrder":1091},{"sectionNumber":"sec.590","sectionType":"section","heading":"Noise abatement order—making the order","content":"### sec.590 Noise abatement order—making the order\n\nThe relevant court may make a noise abatement order against the respondent if satisfied that—\nthe respondent—\nhas contravened a motorbike noise abatement direction; or\nhas been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and\nsection 589 has been complied with.\nHowever, if the respondent has been charged with having committed an offence arising out of conduct on which the application is based and the proceeding on the charge has not been decided, the court must adjourn the application until the proceeding has been decided.\nThe order must be in the approved form and state—\nthe name and address of the respondent; and\nthe particulars necessary to properly identify the motorbike; and\nthe period, of not more than 2 years, for which the order is in force; and\na description sufficient to identify the land on which the contravention happened and who owns the land; and\nany conditions the court considers appropriate to impose on the respondent in relation to the driving of the motorbike.\nWithout limiting subsection (3) (e) , the order may include conditions restricting the use of the motorbike including, for example, any of the following conditions—\nthe hours of day during which the respondent may drive the motorbike on private property;\nthe maximum length of time the respondent may drive the motorbike at any one time during those hours;\nany particular areas on private property that must be avoided by the respondent when driving the motorbike;\nThe respondent must not drive the motorbike within 100m of the boundaries of neighbours.\nthe particular manoeuvres that must not be performed by the respondent when driving the motorbike.\nThe respondent must not drive the motorbike in contravention of the noise abatement order.\nMaximum penalty—40 penalty units.\nThe owner of the motorbike must not knowingly permit the respondent to drive the motorbike in contravention of the noise abatement order.\nMaximum penalty for subsection (6) —40 penalty units.\ns 590 ins 2005 No. 64 s 23\n(sec.590-ssec.1) The relevant court may make a noise abatement order against the respondent if satisfied that— the respondent— has contravened a motorbike noise abatement direction; or has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and section 589 has been complied with.\n(sec.590-ssec.2) However, if the respondent has been charged with having committed an offence arising out of conduct on which the application is based and the proceeding on the charge has not been decided, the court must adjourn the application until the proceeding has been decided.\n(sec.590-ssec.3) The order must be in the approved form and state— the name and address of the respondent; and the particulars necessary to properly identify the motorbike; and the period, of not more than 2 years, for which the order is in force; and a description sufficient to identify the land on which the contravention happened and who owns the land; and any conditions the court considers appropriate to impose on the respondent in relation to the driving of the motorbike.\n(sec.590-ssec.4) Without limiting subsection (3) (e) , the order may include conditions restricting the use of the motorbike including, for example, any of the following conditions— the hours of day during which the respondent may drive the motorbike on private property; the maximum length of time the respondent may drive the motorbike at any one time during those hours; any particular areas on private property that must be avoided by the respondent when driving the motorbike; The respondent must not drive the motorbike within 100m of the boundaries of neighbours. the particular manoeuvres that must not be performed by the respondent when driving the motorbike.\n(sec.590-ssec.5) The respondent must not drive the motorbike in contravention of the noise abatement order. Maximum penalty—40 penalty units.\n(sec.590-ssec.6) The owner of the motorbike must not knowingly permit the respondent to drive the motorbike in contravention of the noise abatement order. Maximum penalty for subsection (6) —40 penalty units.\n- (a) the respondent— (i) has contravened a motorbike noise abatement direction; or (ii) has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and\n- (i) has contravened a motorbike noise abatement direction; or\n- (ii) has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and\n- (b) section 589 has been complied with.\n- (i) has contravened a motorbike noise abatement direction; or\n- (ii) has been given 2 noise abatement directions in relation to excessive noise emitted by a motorbike and the directions both relate to the driving of a motorbike on the same place which is not a road; and\n- (a) the name and address of the respondent; and\n- (b) the particulars necessary to properly identify the motorbike; and\n- (c) the period, of not more than 2 years, for which the order is in force; and\n- (d) a description sufficient to identify the land on which the contravention happened and who owns the land; and\n- (e) any conditions the court considers appropriate to impose on the respondent in relation to the driving of the motorbike.\n- (a) the hours of day during which the respondent may drive the motorbike on private property;\n- (b) the maximum length of time the respondent may drive the motorbike at any one time during those hours;\n- (c) any particular areas on private property that must be avoided by the respondent when driving the motorbike; Example for paragraph (c) — The respondent must not drive the motorbike within 100m of the boundaries of neighbours.\n- (d) the particular manoeuvres that must not be performed by the respondent when driving the motorbike.","sortOrder":1092},{"sectionNumber":"sec.591","sectionType":"section","heading":"Noise abatement order—appeal against order","content":"### sec.591 Noise abatement order—appeal against order\n\nAn adult against whom a noise abatement order has been made may appeal against the order to the District Court within 28 days after the day the order is made.\nA child against whom a noise abatement order has been made may appeal against the order to the Childrens Court constituted by a judge within 28 days after the day the order is made.\nAn appeal under subsection (1) or (2) is by way of rehearing from the start.\nA person may appeal against an order of the District Court or the Childrens Court constituted by a judge to the Court of Appeal within 28 days after the day the order is made.\ns 591 ins 2005 No. 64 s 23\n(sec.591-ssec.1) An adult against whom a noise abatement order has been made may appeal against the order to the District Court within 28 days after the day the order is made.\n(sec.591-ssec.2) A child against whom a noise abatement order has been made may appeal against the order to the Childrens Court constituted by a judge within 28 days after the day the order is made.\n(sec.591-ssec.3) An appeal under subsection (1) or (2) is by way of rehearing from the start.\n(sec.591-ssec.4) A person may appeal against an order of the District Court or the Childrens Court constituted by a judge to the Court of Appeal within 28 days after the day the order is made.","sortOrder":1093},{"sectionNumber":"ch.19-pt.4","sectionType":"part","heading":"Powers relating to nuisance in moveable dwelling parks","content":"# Powers relating to nuisance in moveable dwelling parks","sortOrder":1094},{"sectionNumber":"sec.592","sectionType":"section","heading":"Behaviour in moveable dwelling park causing serious nuisance","content":"### sec.592 Behaviour in moveable dwelling park causing serious nuisance\n\nA person causes a serious nuisance in a moveable dwelling park if, while in the park, the person causes a serious nuisance to residents of, or anyone else in, the park.\nA person assaults a resident or someone else.\nA person uses threatening or abusive language towards a resident or someone else.\nA person behaves in a riotous, violent, disorderly, indecent, offensive or threatening way towards a resident or someone else.\nA person causes substantial, unreasonable annoyance to a resident or someone else.\nA person causes substantial, unreasonable disruption to the privacy of a resident or someone else.\nA person wilfully damages property of a resident or someone else.\ns 592 (prev s 296) renum 2000 No. 22 s 19\namd 2006 No. 26 s 3 sch 1\n- 1 A person assaults a resident or someone else.\n- 2 A person uses threatening or abusive language towards a resident or someone else.\n- 3 A person behaves in a riotous, violent, disorderly, indecent, offensive or threatening way towards a resident or someone else.\n- 4 A person causes substantial, unreasonable annoyance to a resident or someone else.\n- 5 A person causes substantial, unreasonable disruption to the privacy of a resident or someone else.\n- 6 A person wilfully damages property of a resident or someone else.","sortOrder":1095},{"sectionNumber":"sec.593","sectionType":"section","heading":"Power to enter moveable dwellings","content":"### sec.593 Power to enter moveable dwellings\n\nA police officer may, without a warrant, enter a moveable dwelling in a moveable dwelling park if the officer reasonably suspects there is a person in the dwelling—\ncausing a serious nuisance in the park; or\nwho has just caused a serious nuisance in the park.\ns 593 (prev s 297) renum 2000 No. 22 s 19\n- (a) causing a serious nuisance in the park; or\n- (b) who has just caused a serious nuisance in the park.","sortOrder":1096},{"sectionNumber":"sec.594","sectionType":"section","heading":"Initial direction about serious nuisance","content":"### sec.594 Initial direction about serious nuisance\n\nThis section applies if a police officer—\nfinds a person causing a serious nuisance in a moveable dwelling park; or\nreasonably suspects a person has just caused a serious nuisance in a moveable dwelling park.\nThe police officer may—\nif subsection (1) (a) applies—direct the person to immediately stop causing the nuisance and also direct the person not to cause another serious nuisance in the park; or\nif subsection (1) (b) applies—direct the person not to cause another serious nuisance.\nThe direction under subsection (2) ( initial nuisance direction ) may be given orally or by written notice.\ns 594 (prev s 298) renum 2000 No. 22 s 19\n(sec.594-ssec.1) This section applies if a police officer— finds a person causing a serious nuisance in a moveable dwelling park; or reasonably suspects a person has just caused a serious nuisance in a moveable dwelling park.\n(sec.594-ssec.2) The police officer may— if subsection (1) (a) applies—direct the person to immediately stop causing the nuisance and also direct the person not to cause another serious nuisance in the park; or if subsection (1) (b) applies—direct the person not to cause another serious nuisance.\n(sec.594-ssec.3) The direction under subsection (2) ( initial nuisance direction ) may be given orally or by written notice.\n- (a) finds a person causing a serious nuisance in a moveable dwelling park; or\n- (b) reasonably suspects a person has just caused a serious nuisance in a moveable dwelling park.\n- (a) if subsection (1) (a) applies—direct the person to immediately stop causing the nuisance and also direct the person not to cause another serious nuisance in the park; or\n- (b) if subsection (1) (b) applies—direct the person not to cause another serious nuisance.","sortOrder":1097},{"sectionNumber":"sec.595","sectionType":"section","heading":"Direction to leave park","content":"### sec.595 Direction to leave park\n\nThis section applies if—\nan initial nuisance direction is given to a person; and\na police officer suspects on reasonable grounds—\nfor an initial nuisance direction not to cause another serious nuisance—the person contravened the direction within 24 hours after the direction was given; or\nin other cases—the person has contravened the direction.\nThe police officer may direct the person to leave the moveable dwelling park and not re-enter it for a stated period, not longer than 24 hours.\nA direction under subsection (2) (a final nuisance direction ) may be given orally or by written notice.\ns 595 (prev s 299) renum 2000 No. 22 s 19\namd 2003 No. 19 s 3 sch\n(sec.595-ssec.1) This section applies if— an initial nuisance direction is given to a person; and a police officer suspects on reasonable grounds— for an initial nuisance direction not to cause another serious nuisance—the person contravened the direction within 24 hours after the direction was given; or in other cases—the person has contravened the direction.\n(sec.595-ssec.2) The police officer may direct the person to leave the moveable dwelling park and not re-enter it for a stated period, not longer than 24 hours.\n(sec.595-ssec.3) A direction under subsection (2) (a final nuisance direction ) may be given orally or by written notice.\n- (a) an initial nuisance direction is given to a person; and\n- (b) a police officer suspects on reasonable grounds— (i) for an initial nuisance direction not to cause another serious nuisance—the person contravened the direction within 24 hours after the direction was given; or (ii) in other cases—the person has contravened the direction.\n- (i) for an initial nuisance direction not to cause another serious nuisance—the person contravened the direction within 24 hours after the direction was given; or\n- (ii) in other cases—the person has contravened the direction.\n- (i) for an initial nuisance direction not to cause another serious nuisance—the person contravened the direction within 24 hours after the direction was given; or\n- (ii) in other cases—the person has contravened the direction.","sortOrder":1098},{"sectionNumber":"ch.19-pt.5","sectionType":"part","heading":"Powers for assisting coroners","content":"# Powers for assisting coroners","sortOrder":1099},{"sectionNumber":"sec.596","sectionType":"section","heading":"Entry of place on suspicion of death or injury","content":"### sec.596 Entry of place on suspicion of death or injury\n\nThis section applies if a police officer reasonably suspects someone in a place is dead or in need of urgent medical treatment.\nA police officer may form a reasonable suspicion because of a person’s concerns about an elderly neighbour who has not been seen for several days and whose absence can not otherwise be explained.\nThe police officer may enter the place to find out whether someone in the place is dead or in need of urgent medical treatment.\nIf a person at the place is found dead or in need of urgent medical treatment, the police officer may remain at the place for only as long as is necessary to ensure that anything necessary to be done for the person is done.\nIt may be necessary for a body to be taken to a mortuary.\nIt may be necessary for an ambulance to be called to take a person to hospital.\nIt may be necessary for a police photographer to photograph a body or other thing that may help a coroner establish the cause of death of the person.\nIt may be necessary to take steps to secure the premises.\ns 596 ins 2003 No. 13 s 106 sch 1\n(sec.596-ssec.1) This section applies if a police officer reasonably suspects someone in a place is dead or in need of urgent medical treatment. A police officer may form a reasonable suspicion because of a person’s concerns about an elderly neighbour who has not been seen for several days and whose absence can not otherwise be explained.\n(sec.596-ssec.2) The police officer may enter the place to find out whether someone in the place is dead or in need of urgent medical treatment.\n(sec.596-ssec.3) If a person at the place is found dead or in need of urgent medical treatment, the police officer may remain at the place for only as long as is necessary to ensure that anything necessary to be done for the person is done. It may be necessary for a body to be taken to a mortuary. It may be necessary for an ambulance to be called to take a person to hospital. It may be necessary for a police photographer to photograph a body or other thing that may help a coroner establish the cause of death of the person. It may be necessary to take steps to secure the premises.\n- 1 It may be necessary for a body to be taken to a mortuary.\n- 2 It may be necessary for an ambulance to be called to take a person to hospital.\n- 3 It may be necessary for a police photographer to photograph a body or other thing that may help a coroner establish the cause of death of the person.\n- 4 It may be necessary to take steps to secure the premises.","sortOrder":1100},{"sectionNumber":"sec.597","sectionType":"section","heading":"Powers for reportable deaths","content":"### sec.597 Powers for reportable deaths\n\nThis section applies if—\na police officer attends a place where there is the body of a deceased person; and\nthe officer reasonably believes the person’s death is a death that must, under the Coroners Act 2003 , be reported to a coroner.\nThe officer may arrange for the person’s body to be taken to a mortuary where autopsies ordered by coroners are conducted.\nSee the Coroners Act 2003 , section 18 (2) (a) for the power of a police officer to give directions to a person taking the body to a mortuary.\nThe officer may take reasonable steps to restrict entry to the place for as long as is necessary to arrange for the person’s body to be taken to the mortuary.\nThe officer may search for and seize anything at the place that the officer reasonably suspects may be relevant to an investigation of the death by a coroner.\nHowever, a police officer may not search the place under subsection (4) if the police officer reasonably believes the death was from natural causes.\nThe officer may photograph the body, or anything else at the place that the officer reasonably suspects may be relevant to an investigation of the death by a coroner.\nThe officer may stay on the place and re-enter it for the time reasonably necessary to do something permitted under this section.\ns 597 ins 2003 No. 13 s 106 sch 1\namd 2006 No. 26 s 49 (1) (amdt could not be given effect); 2006 No. 26 s 49 (2) – (3) ; 2018 No. 20 s 31\n(sec.597-ssec.1) This section applies if— a police officer attends a place where there is the body of a deceased person; and the officer reasonably believes the person’s death is a death that must, under the Coroners Act 2003 , be reported to a coroner.\n(sec.597-ssec.2) The officer may arrange for the person’s body to be taken to a mortuary where autopsies ordered by coroners are conducted. See the Coroners Act 2003 , section 18 (2) (a) for the power of a police officer to give directions to a person taking the body to a mortuary.\n(sec.597-ssec.3) The officer may take reasonable steps to restrict entry to the place for as long as is necessary to arrange for the person’s body to be taken to the mortuary.\n(sec.597-ssec.4) The officer may search for and seize anything at the place that the officer reasonably suspects may be relevant to an investigation of the death by a coroner.\n(sec.597-ssec.5) However, a police officer may not search the place under subsection (4) if the police officer reasonably believes the death was from natural causes.\n(sec.597-ssec.6) The officer may photograph the body, or anything else at the place that the officer reasonably suspects may be relevant to an investigation of the death by a coroner.\n(sec.597-ssec.7) The officer may stay on the place and re-enter it for the time reasonably necessary to do something permitted under this section.\n- (a) a police officer attends a place where there is the body of a deceased person; and\n- (b) the officer reasonably believes the person’s death is a death that must, under the Coroners Act 2003 , be reported to a coroner.","sortOrder":1101},{"sectionNumber":"sec.598","sectionType":"section","heading":"Restricting entry to place to allow investigation","content":"### sec.598 Restricting entry to place to allow investigation\n\nThis section applies if—\na coroner is investigating a death at a place where—\nthe death is believed to have happened; or\nsomething that caused or contributed to the death is believed to have happened; and\nthe place is not a crime scene; and\nthe coroner directs a police officer to restrict entry to the place.\nThe officer may take reasonable steps to restrict entry to the place by anyone other than—\na police officer or another person who is helping the coroner investigate the death; or\na person whose presence is needed to preserve life or property at the place; or\nsomeone who has the coroner’s permission to be at the place.\nThe officer must not restrict entry to the place for any longer than is necessary for the investigation.\nA person must not enter a place to which entry is restricted, unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —120 penalty units.\ns 598 ins 2003 No. 13 s 106 sch 1\n(sec.598-ssec.1) This section applies if— a coroner is investigating a death at a place where— the death is believed to have happened; or something that caused or contributed to the death is believed to have happened; and the place is not a crime scene; and the coroner directs a police officer to restrict entry to the place.\n(sec.598-ssec.2) The officer may take reasonable steps to restrict entry to the place by anyone other than— a police officer or another person who is helping the coroner investigate the death; or a person whose presence is needed to preserve life or property at the place; or someone who has the coroner’s permission to be at the place.\n(sec.598-ssec.3) The officer must not restrict entry to the place for any longer than is necessary for the investigation.\n(sec.598-ssec.4) A person must not enter a place to which entry is restricted, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —120 penalty units.\n- (a) a coroner is investigating a death at a place where— (i) the death is believed to have happened; or (ii) something that caused or contributed to the death is believed to have happened; and\n- (i) the death is believed to have happened; or\n- (ii) something that caused or contributed to the death is believed to have happened; and\n- (b) the place is not a crime scene; and\n- (c) the coroner directs a police officer to restrict entry to the place.\n- (i) the death is believed to have happened; or\n- (ii) something that caused or contributed to the death is believed to have happened; and\n- (a) a police officer or another person who is helping the coroner investigate the death; or\n- (b) a person whose presence is needed to preserve life or property at the place; or\n- (c) someone who has the coroner’s permission to be at the place.","sortOrder":1102},{"sectionNumber":"sec.599","sectionType":"section","heading":"Coroner’s search warrant","content":"### sec.599 Coroner’s search warrant\n\nA coroner may, on the coroner’s own initiative, issue a search warrant for a place if the coroner reasonably suspects that there is evidence at the place that may be relevant to the coroner’s investigation.\nThe search warrant must state—\nthat a police officer may exercise the powers mentioned in subsection (4) at the place; and\nbrief particulars that identify the death that the coroner is investigating; and\nthe evidence that may be seized under the warrant; and\nif the warrant is to be executed at night, the hours when the place may be entered; and\nthe day and time the search warrant ends, being no more than 7 days after the search warrant is issued.\nThe ways that a coroner may send the search warrant to a police officer include by fax or electronic communication.\nUnder the search warrant, a police officer has—\nthe powers described in section 157 (1) (a) to (e) and (g) ; and\npower to seize a thing found at the place, or on a person found at the place, that the police officer reasonably suspects may be relevant to the coroner’s investigation; and\na suicide note\npower to inspect, measure, photograph or film the place or anything at the place; and\npower to take a thing, or a sample of a thing, from the place for testing; and\npower to copy a document at the place; and\npower to require a person at the place to give the police officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) .\nA police officer must comply with section 158 when executing the search warrant.\nA police officer must not exercise a power under subsection (4) (c) to (f) unless the police officer reasonably suspects that the exercise of the power is necessary for the coroner’s investigation.\ns 599 ins 2003 No. 13 s 106 sch 1\namd 2022 No. 4 s 10 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.599-ssec.1) A coroner may, on the coroner’s own initiative, issue a search warrant for a place if the coroner reasonably suspects that there is evidence at the place that may be relevant to the coroner’s investigation.\n(sec.599-ssec.2) The search warrant must state— that a police officer may exercise the powers mentioned in subsection (4) at the place; and brief particulars that identify the death that the coroner is investigating; and the evidence that may be seized under the warrant; and if the warrant is to be executed at night, the hours when the place may be entered; and the day and time the search warrant ends, being no more than 7 days after the search warrant is issued.\n(sec.599-ssec.3) The ways that a coroner may send the search warrant to a police officer include by fax or electronic communication.\n(sec.599-ssec.4) Under the search warrant, a police officer has— the powers described in section 157 (1) (a) to (e) and (g) ; and power to seize a thing found at the place, or on a person found at the place, that the police officer reasonably suspects may be relevant to the coroner’s investigation; and a suicide note power to inspect, measure, photograph or film the place or anything at the place; and power to take a thing, or a sample of a thing, from the place for testing; and power to copy a document at the place; and power to require a person at the place to give the police officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) .\n(sec.599-ssec.5) A police officer must comply with section 158 when executing the search warrant.\n(sec.599-ssec.6) A police officer must not exercise a power under subsection (4) (c) to (f) unless the police officer reasonably suspects that the exercise of the power is necessary for the coroner’s investigation.\n- (a) that a police officer may exercise the powers mentioned in subsection (4) at the place; and\n- (b) brief particulars that identify the death that the coroner is investigating; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) if the warrant is to be executed at night, the hours when the place may be entered; and\n- (e) the day and time the search warrant ends, being no more than 7 days after the search warrant is issued.\n- (a) the powers described in section 157 (1) (a) to (e) and (g) ; and\n- (b) power to seize a thing found at the place, or on a person found at the place, that the police officer reasonably suspects may be relevant to the coroner’s investigation; and Example of paragraph (b) — a suicide note\n- (c) power to inspect, measure, photograph or film the place or anything at the place; and\n- (d) power to take a thing, or a sample of a thing, from the place for testing; and\n- (e) power to copy a document at the place; and\n- (f) power to require a person at the place to give the police officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e) .","sortOrder":1103},{"sectionNumber":"sec.600","sectionType":"section","heading":"Dealing with seized things","content":"### sec.600 Dealing with seized things\n\nThis section applies if a police officer seizes something under—\nsection 597 (4) ; or\na search warrant issued under section 599 .\nHaving seized something, the officer may—\nmove the thing from the place; or\nleave the thing at the place, but take reasonable action to restrict access to it; or\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\ndeal with the thing in another way that a coroner directs.\nIf the police officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without the approval of a police officer.\nMaximum penalty—120 penalty units.\ns 600 ins 2003 No. 13 s 106 sch 1\n(sec.600-ssec.1) This section applies if a police officer seizes something under— section 597 (4) ; or a search warrant issued under section 599 .\n(sec.600-ssec.2) Having seized something, the officer may— move the thing from the place; or leave the thing at the place, but take reasonable action to restrict access to it; or sealing a thing and marking it to show access to it is restricted sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted deal with the thing in another way that a coroner directs.\n(sec.600-ssec.3) If the police officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without the approval of a police officer. Maximum penalty—120 penalty units.\n- (a) section 597 (4) ; or\n- (b) a search warrant issued under section 599 .\n- (a) move the thing from the place; or\n- (b) leave the thing at the place, but take reasonable action to restrict access to it; or Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (c) deal with the thing in another way that a coroner directs.\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted","sortOrder":1104},{"sectionNumber":"sec.601","sectionType":"section","heading":"Power to require information","content":"### sec.601 Power to require information\n\nThis section applies if—\na police officer is helping a coroner to investigate a death; and\nthe officer reasonably believes a person may be able to give information relevant to the investigation.\nThe officer may require the person to give information relevant to the investigation.\nWhen making the requirement, the officer must inform the person that the person may—\nfail to give the information if the information would tend to incriminate the person; and\nseek legal advice before giving the information.\ns 601 ins 2003 No. 13 s 106 sch 1\n(sec.601-ssec.1) This section applies if— a police officer is helping a coroner to investigate a death; and the officer reasonably believes a person may be able to give information relevant to the investigation.\n(sec.601-ssec.2) The officer may require the person to give information relevant to the investigation.\n(sec.601-ssec.3) When making the requirement, the officer must inform the person that the person may— fail to give the information if the information would tend to incriminate the person; and seek legal advice before giving the information.\n- (a) a police officer is helping a coroner to investigate a death; and\n- (b) the officer reasonably believes a person may be able to give information relevant to the investigation.\n- (a) fail to give the information if the information would tend to incriminate the person; and\n- (b) seek legal advice before giving the information.","sortOrder":1105},{"sectionNumber":"sec.602","sectionType":"section","heading":"Use of evidence obtained under Coroners Acts","content":"### sec.602 Use of evidence obtained under Coroners Acts\n\nTo remove doubt, it is declared that a thing obtained by a police officer under this part may be used in a criminal proceeding.\ns 602 ins 2003 No. 13 s 106 sch 1","sortOrder":1106},{"sectionNumber":"ch.19-pt.5A","sectionType":"part","heading":"Police banning notices","content":"# Police banning notices","sortOrder":1107},{"sectionNumber":"ch.19-pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1108},{"sectionNumber":"sec.602A","sectionType":"section","heading":"Definitions for pt 5A","content":"### sec.602A Definitions for pt 5A\n\nIn this part—\nending time ...\ns 602A def ending time om 2021 No. 7 s 48\nextended police banning notice see section 602F (2) .\ninitial police banning notice see section 602C (1) .\npolice banning notice see section 602B .\nrelevant public place means each of the following—\nlicensed premises;\na public place in a safe night precinct;\na public place at which an event is being held and liquor is being sold for consumption.\nrespondent , for a police banning notice, means the person named in the notice.\nstarting time ...\ns 602A def starting time om 2021 No. 7 s 48\ns 602A ins 2014 No. 42 s 118\n- (a) licensed premises;\n- (b) a public place in a safe night precinct;\n- (c) a public place at which an event is being held and liquor is being sold for consumption.","sortOrder":1109},{"sectionNumber":"sec.602B","sectionType":"section","heading":"What is a police banning notice","content":"### sec.602B What is a police banning notice\n\nA police banning notice is a written notice that prohibits a stated person from doing, or attempting to do, any of the following—\nentering or remaining in stated licensed premises or a stated class of licensed premises;\nentering or remaining in a public place located in a safe night precinct;\nattending or remaining at a stated event, being held in a public place, at which liquor will be sold for consumption;\nentering or remaining in a stated area that is designated by its reasonable distance from, or location in relation to—\npremises mentioned in paragraph (a) ; or\na public place mentioned in paragraph (b) ; or\nan event mentioned in paragraph (c) .\nA police banning notice may prohibit a person from doing a thing mentioned in subsection (1) during stated days or at stated times.\ns 602B ins 2014 No. 42 s 118\n(sec.602B-ssec.1) A police banning notice is a written notice that prohibits a stated person from doing, or attempting to do, any of the following— entering or remaining in stated licensed premises or a stated class of licensed premises; entering or remaining in a public place located in a safe night precinct; attending or remaining at a stated event, being held in a public place, at which liquor will be sold for consumption; entering or remaining in a stated area that is designated by its reasonable distance from, or location in relation to— premises mentioned in paragraph (a) ; or a public place mentioned in paragraph (b) ; or an event mentioned in paragraph (c) .\n(sec.602B-ssec.2) A police banning notice may prohibit a person from doing a thing mentioned in subsection (1) during stated days or at stated times.\n- (a) entering or remaining in stated licensed premises or a stated class of licensed premises;\n- (b) entering or remaining in a public place located in a safe night precinct;\n- (c) attending or remaining at a stated event, being held in a public place, at which liquor will be sold for consumption;\n- (d) entering or remaining in a stated area that is designated by its reasonable distance from, or location in relation to— (i) premises mentioned in paragraph (a) ; or (ii) a public place mentioned in paragraph (b) ; or (iii) an event mentioned in paragraph (c) .\n- (i) premises mentioned in paragraph (a) ; or\n- (ii) a public place mentioned in paragraph (b) ; or\n- (iii) an event mentioned in paragraph (c) .\n- (i) premises mentioned in paragraph (a) ; or\n- (ii) a public place mentioned in paragraph (b) ; or\n- (iii) an event mentioned in paragraph (c) .","sortOrder":1110},{"sectionNumber":"ch.19-pt.5A-div.2","sectionType":"division","heading":"Initial police banning notice","content":"## Initial police banning notice","sortOrder":1111},{"sectionNumber":"sec.602C","sectionType":"section","heading":"Police officer may give initial police banning notice","content":"### sec.602C Police officer may give initial police banning notice\n\nA police officer may give a police banning notice (an initial police banning notice ) to an adult.\nBefore giving the initial police banning notice, the police officer must obtain the approval of a police officer of at least the rank of sergeant, unless the police officer giving the notice has that rank.\nThe police officer giving the initial police banning notice or, if an approval is required under subsection (2) , the approval, must be reasonably satisfied that giving the notice is necessary because—\nthe respondent has behaved in a disorderly, offensive, threatening or violent way; and\nassaulting or threatening to assault a person\ndamaging property, attempting to damage property or threatening to damage property\npossessing a knife in contravention of the Weapons Act 1990 , section 51\nstealing an item from a person or premises\ntaking a photograph of a person using a toilet facility from under a cubicle door\nurinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005 , section 7 or 9\nusing or possessing a dangerous drug\nwearing or carrying an item in contravention of the Summary Offences Act 2005 , section 10C\nthe respondent’s behaviour was at, or in the vicinity of, a relevant public place; and\nthe person’s ongoing presence, or presence in the immediate future, at the relevant public place and any other place stated in the notice, poses an unacceptable risk of—\ncausing violence at the places; or\nimpacting on the safety of other persons attending the places; or\ndisrupting or interfering with the peaceful passage, or reasonable enjoyment of other persons, at the places.\nThe approval mentioned in subsection (2) may be sought and given verbally, including, for example, in person or by telephone, radio, internet or other similar facility.\ns 602C ins 2014 No. 42 s 118\namd 2021 No. 7 s 49 ; 2021 No. 24 s 38 ; 2023 No. 21 s 50H\n(sec.602C-ssec.1) A police officer may give a police banning notice (an initial police banning notice ) to an adult.\n(sec.602C-ssec.2) Before giving the initial police banning notice, the police officer must obtain the approval of a police officer of at least the rank of sergeant, unless the police officer giving the notice has that rank.\n(sec.602C-ssec.3) The police officer giving the initial police banning notice or, if an approval is required under subsection (2) , the approval, must be reasonably satisfied that giving the notice is necessary because— the respondent has behaved in a disorderly, offensive, threatening or violent way; and assaulting or threatening to assault a person damaging property, attempting to damage property or threatening to damage property possessing a knife in contravention of the Weapons Act 1990 , section 51 stealing an item from a person or premises taking a photograph of a person using a toilet facility from under a cubicle door urinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005 , section 7 or 9 using or possessing a dangerous drug wearing or carrying an item in contravention of the Summary Offences Act 2005 , section 10C the respondent’s behaviour was at, or in the vicinity of, a relevant public place; and the person’s ongoing presence, or presence in the immediate future, at the relevant public place and any other place stated in the notice, poses an unacceptable risk of— causing violence at the places; or impacting on the safety of other persons attending the places; or disrupting or interfering with the peaceful passage, or reasonable enjoyment of other persons, at the places.\n(sec.602C-ssec.4) The approval mentioned in subsection (2) may be sought and given verbally, including, for example, in person or by telephone, radio, internet or other similar facility.\n- (a) the respondent has behaved in a disorderly, offensive, threatening or violent way; and Examples of disorderly, offensive, threatening or violent behaviour— • assaulting or threatening to assault a person • damaging property, attempting to damage property or threatening to damage property • possessing a knife in contravention of the Weapons Act 1990 , section 51 • stealing an item from a person or premises • taking a photograph of a person using a toilet facility from under a cubicle door • urinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005 , section 7 or 9 • using or possessing a dangerous drug • wearing or carrying an item in contravention of the Summary Offences Act 2005 , section 10C\n- • assaulting or threatening to assault a person\n- • damaging property, attempting to damage property or threatening to damage property\n- • possessing a knife in contravention of the Weapons Act 1990 , section 51\n- • stealing an item from a person or premises\n- • taking a photograph of a person using a toilet facility from under a cubicle door\n- • urinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005 , section 7 or 9\n- • using or possessing a dangerous drug\n- • wearing or carrying an item in contravention of the Summary Offences Act 2005 , section 10C\n- (b) the respondent’s behaviour was at, or in the vicinity of, a relevant public place; and\n- (c) the person’s ongoing presence, or presence in the immediate future, at the relevant public place and any other place stated in the notice, poses an unacceptable risk of— (i) causing violence at the places; or (ii) impacting on the safety of other persons attending the places; or (iii) disrupting or interfering with the peaceful passage, or reasonable enjoyment of other persons, at the places.\n- (i) causing violence at the places; or\n- (ii) impacting on the safety of other persons attending the places; or\n- (iii) disrupting or interfering with the peaceful passage, or reasonable enjoyment of other persons, at the places.\n- • assaulting or threatening to assault a person\n- • damaging property, attempting to damage property or threatening to damage property\n- • possessing a knife in contravention of the Weapons Act 1990 , section 51\n- • stealing an item from a person or premises\n- • taking a photograph of a person using a toilet facility from under a cubicle door\n- • urinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005 , section 7 or 9\n- • using or possessing a dangerous drug\n- • wearing or carrying an item in contravention of the Summary Offences Act 2005 , section 10C\n- (i) causing violence at the places; or\n- (ii) impacting on the safety of other persons attending the places; or\n- (iii) disrupting or interfering with the peaceful passage, or reasonable enjoyment of other persons, at the places.","sortOrder":1112},{"sectionNumber":"sec.602D","sectionType":"section","heading":"Duration of initial police banning notice","content":"### sec.602D Duration of initial police banning notice\n\nAn initial police banning notice—\ntakes effect from the day and time the notice—\nis personally served on the respondent; or\nis sent, under section 602G (1) (b) , by electronic communication to a unique electronic address nominated by the respondent to a police officer; and\ncontinues in effect until—\nif the notice applies in relation to a stated event—the end of the day on which the event ends; or\notherwise—the end of the day stated in the notice that is no more than 1 month after the day the notice takes effect.\ns 602D ins 2014 No. 42 s 118\nsub 2021 No. 7 s 50\n- (a) takes effect from the day and time the notice— (i) is personally served on the respondent; or (ii) is sent, under section 602G (1) (b) , by electronic communication to a unique electronic address nominated by the respondent to a police officer; and\n- (i) is personally served on the respondent; or\n- (ii) is sent, under section 602G (1) (b) , by electronic communication to a unique electronic address nominated by the respondent to a police officer; and\n- (b) continues in effect until— (i) if the notice applies in relation to a stated event—the end of the day on which the event ends; or (ii) otherwise—the end of the day stated in the notice that is no more than 1 month after the day the notice takes effect.\n- (i) if the notice applies in relation to a stated event—the end of the day on which the event ends; or\n- (ii) otherwise—the end of the day stated in the notice that is no more than 1 month after the day the notice takes effect.\n- (i) is personally served on the respondent; or\n- (ii) is sent, under section 602G (1) (b) , by electronic communication to a unique electronic address nominated by the respondent to a police officer; and\n- (i) if the notice applies in relation to a stated event—the end of the day on which the event ends; or\n- (ii) otherwise—the end of the day stated in the notice that is no more than 1 month after the day the notice takes effect.","sortOrder":1113},{"sectionNumber":"sec.602E","sectionType":"section","heading":"Notice to be explained","content":"### sec.602E Notice to be explained\n\nBefore giving an initial police banning notice, the police officer giving the notice must explain, or cause to be explained, to the respondent—\nthe duration and effect of the notice; and\nthe consequences of contravening the notice; and\nan extended police banning notice may be given under division 3 ; and\nthe initial police banning notice may be cancelled by a police officer under section 602JA ; and\nthe respondent may apply to the commissioner to amend or cancel the initial police banning notice under division 5 .\ns 602E ins 2014 No. 42 s 118\namd 2021 No. 7 s 51\n- (a) the duration and effect of the notice; and\n- (b) the consequences of contravening the notice; and\n- (c) an extended police banning notice may be given under division 3 ; and\n- (d) the initial police banning notice may be cancelled by a police officer under section 602JA ; and\n- (e) the respondent may apply to the commissioner to amend or cancel the initial police banning notice under division 5 .","sortOrder":1114},{"sectionNumber":"ch.19-pt.5A-div.3","sectionType":"division","heading":"Extension of initial police banning notice by police officer","content":"## Extension of initial police banning notice by police officer","sortOrder":1115},{"sectionNumber":"sec.602F","sectionType":"section","heading":"Extended police banning notice","content":"### sec.602F Extended police banning notice\n\nThis section applies if an initial police banning notice has been given to the respondent for the notice.\nA police officer of at least the rank of senior sergeant may decide, on the officer’s own initiative, to make 1 or more of the changes mentioned in subsection (3) to the initial police banning notice by giving the respondent a new police banning notice (an extended police banning notice ).\nFor subsection (2) , the changes are the following—\nextend the duration of the initial police banning notice to the end of a day that is no more than 3 months after the day the initial police banning notice took effect;\nstate additional relevant public places;\nstate additional days or times for the purposes of section 602B (2) .\nBefore making a decision under subsection (2) , the police officer must be reasonably satisfied giving the extended police banning notice is necessary after considering the following matters—\nthe respondent’s behaviour (the relevant behaviour ) that led to the respondent being given the initial police banning notice;\nwhether the respondent has been charged with an offence, a proceeding has been commenced, or an infringement notice has been issued, in relation to—\nthe relevant behaviour; or\nother behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property;\nwhether the respondent is, or previously has been, subject to—\na court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or\na special condition mentioned in the Bail Act 1980 , section 11 (3) ;\nwhether the respondent has previously received a police banning notice, other than a notice that has been cancelled;\nwhether the respondent has been found guilty of an offence, if the officer reasonably considers the circumstances in which the offence was committed are similar to the relevant behaviour or involved violence to a person or property;\nthe respondent’s personal circumstances and the likely effect of giving the extended police banning notice on those circumstances;\nother matters the officer reasonably considers are related to the relevant behaviour.\nHowever, the police officer may decide to give an extended police banning notice only if the decision is made at least 3 days before the initial police banning notice stops having effect.\nThe police officer must, when giving the respondent the extended police banning notice, also give written notice of the officer’s reasons for the decision.\ns 602F ins 2014 No. 42 s 118\namd 2020 No. 7 s 44 ; 2021 No. 7 s 53\n(sec.602F-ssec.1) This section applies if an initial police banning notice has been given to the respondent for the notice.\n(sec.602F-ssec.2) A police officer of at least the rank of senior sergeant may decide, on the officer’s own initiative, to make 1 or more of the changes mentioned in subsection (3) to the initial police banning notice by giving the respondent a new police banning notice (an extended police banning notice ).\n(sec.602F-ssec.3) For subsection (2) , the changes are the following— extend the duration of the initial police banning notice to the end of a day that is no more than 3 months after the day the initial police banning notice took effect; state additional relevant public places; state additional days or times for the purposes of section 602B (2) .\n(sec.602F-ssec.4) Before making a decision under subsection (2) , the police officer must be reasonably satisfied giving the extended police banning notice is necessary after considering the following matters— the respondent’s behaviour (the relevant behaviour ) that led to the respondent being given the initial police banning notice; whether the respondent has been charged with an offence, a proceeding has been commenced, or an infringement notice has been issued, in relation to— the relevant behaviour; or other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property; whether the respondent is, or previously has been, subject to— a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or a special condition mentioned in the Bail Act 1980 , section 11 (3) ; whether the respondent has previously received a police banning notice, other than a notice that has been cancelled; whether the respondent has been found guilty of an offence, if the officer reasonably considers the circumstances in which the offence was committed are similar to the relevant behaviour or involved violence to a person or property; the respondent’s personal circumstances and the likely effect of giving the extended police banning notice on those circumstances; other matters the officer reasonably considers are related to the relevant behaviour.\n(sec.602F-ssec.5) However, the police officer may decide to give an extended police banning notice only if the decision is made at least 3 days before the initial police banning notice stops having effect.\n(sec.602F-ssec.6) The police officer must, when giving the respondent the extended police banning notice, also give written notice of the officer’s reasons for the decision.\n- (a) extend the duration of the initial police banning notice to the end of a day that is no more than 3 months after the day the initial police banning notice took effect;\n- (b) state additional relevant public places;\n- (c) state additional days or times for the purposes of section 602B (2) .\n- (a) the respondent’s behaviour (the relevant behaviour ) that led to the respondent being given the initial police banning notice;\n- (b) whether the respondent has been charged with an offence, a proceeding has been commenced, or an infringement notice has been issued, in relation to— (i) the relevant behaviour; or (ii) other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property;\n- (i) the relevant behaviour; or\n- (ii) other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property;\n- (c) whether the respondent is, or previously has been, subject to— (i) a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or (ii) a special condition mentioned in the Bail Act 1980 , section 11 (3) ;\n- (i) a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or\n- (ii) a special condition mentioned in the Bail Act 1980 , section 11 (3) ;\n- (d) whether the respondent has previously received a police banning notice, other than a notice that has been cancelled;\n- (e) whether the respondent has been found guilty of an offence, if the officer reasonably considers the circumstances in which the offence was committed are similar to the relevant behaviour or involved violence to a person or property;\n- (f) the respondent’s personal circumstances and the likely effect of giving the extended police banning notice on those circumstances;\n- (g) other matters the officer reasonably considers are related to the relevant behaviour.\n- (i) the relevant behaviour; or\n- (ii) other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property;\n- (i) a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or\n- (ii) a special condition mentioned in the Bail Act 1980 , section 11 (3) ;","sortOrder":1116},{"sectionNumber":"ch.19-pt.5A-div.4","sectionType":"division","heading":"General provisions about notices","content":"## General provisions about notices","sortOrder":1117},{"sectionNumber":"sec.602G","sectionType":"section","heading":"How police banning notices may be given","content":"### sec.602G How police banning notices may be given\n\nA police banning notice may be given by a police officer to the respondent for the notice—\nby—\nfor an initial police banning notice—personally serving the notice on the respondent; or\nfor an extended police banning notice—serving the notice on the respondent; or\nby sending the notice by electronic communication to a unique electronic address nominated by the respondent to the police officer.\nHowever, a police officer must not give an initial police banning notice under subsection (1) (b) unless the respondent for the notice is in the presence of the officer when the notice is given.\nUnless the contrary is proved, a police banning notice given by a police officer under subsection (1) (b) is taken to have been received by the respondent for the notice on the day and at the time the notice is sent to the unique electronic address nominated by the respondent to the police officer.\ns 602G ins 2021 No. 7 s 55\namd 2023 No. 21 s 50I\n(sec.602G-ssec.1) A police banning notice may be given by a police officer to the respondent for the notice— by— for an initial police banning notice—personally serving the notice on the respondent; or for an extended police banning notice—serving the notice on the respondent; or by sending the notice by electronic communication to a unique electronic address nominated by the respondent to the police officer.\n(sec.602G-ssec.2) However, a police officer must not give an initial police banning notice under subsection (1) (b) unless the respondent for the notice is in the presence of the officer when the notice is given.\n(sec.602G-ssec.3) Unless the contrary is proved, a police banning notice given by a police officer under subsection (1) (b) is taken to have been received by the respondent for the notice on the day and at the time the notice is sent to the unique electronic address nominated by the respondent to the police officer.\n- (a) by— (i) for an initial police banning notice—personally serving the notice on the respondent; or (ii) for an extended police banning notice—serving the notice on the respondent; or\n- (i) for an initial police banning notice—personally serving the notice on the respondent; or\n- (ii) for an extended police banning notice—serving the notice on the respondent; or\n- (b) by sending the notice by electronic communication to a unique electronic address nominated by the respondent to the police officer.\n- (i) for an initial police banning notice—personally serving the notice on the respondent; or\n- (ii) for an extended police banning notice—serving the notice on the respondent; or","sortOrder":1118},{"sectionNumber":"sec.602H","sectionType":"section","heading":"Form of notice","content":"### sec.602H Form of notice\n\nA police banning notice must be in the approved form and state the following—\nthe name and date of birth of the respondent for the notice;\nthe day and time the notice starts;\nthe day and time the notice ends;\nthe acts that are prohibited by the notice;\nif the notice is an initial police banning notice—an extended police banning notice may be given under division 3 ;\nthe police banning notice may be cancelled by a police officer under section 602JA ;\nthat a respondent may apply to the commissioner to amend or cancel the notice and the process for seeking amendment or cancellation;\nthat it is an offence to contravene the notice;\nthat a police officer may detain and photograph the respondent;\nthat an image of the respondent may be attached to the notice and distributed under chapter 19 , part 5B .\ns 602H ins 2014 No. 42 s 118\namd 2021 No. 7 s 56\n- (a) the name and date of birth of the respondent for the notice;\n- (b) the day and time the notice starts;\n- (c) the day and time the notice ends;\n- (d) the acts that are prohibited by the notice;\n- (e) if the notice is an initial police banning notice—an extended police banning notice may be given under division 3 ;\n- (f) the police banning notice may be cancelled by a police officer under section 602JA ;\n- (g) that a respondent may apply to the commissioner to amend or cancel the notice and the process for seeking amendment or cancellation;\n- (h) that it is an offence to contravene the notice;\n- (i) that a police officer may detain and photograph the respondent;\n- (j) that an image of the respondent may be attached to the notice and distributed under chapter 19 , part 5B .","sortOrder":1119},{"sectionNumber":"sec.602I","sectionType":"section","heading":"Written record for notices","content":"### sec.602I Written record for notices\n\nThis section applies to a police officer who—\napproves the giving of an initial police banning notice; or\ngives an extended police banning notice.\nThe police officer must make a written record of the following—\nthe officer’s decision to approve or give the police banning notice;\nthe reason for the officer’s decision;\nthe date and time of the decision;\nthe officer’s name, rank, registered number and station.\nHowever, a police banning notice is not invalid merely because the approval is not in writing, if the police officer makes the written record as required under subsection (2) at the first reasonable opportunity after the notice is given.\ns 602I ins 2014 No. 42 s 118\n(sec.602I-ssec.1) This section applies to a police officer who— approves the giving of an initial police banning notice; or gives an extended police banning notice.\n(sec.602I-ssec.2) The police officer must make a written record of the following— the officer’s decision to approve or give the police banning notice; the reason for the officer’s decision; the date and time of the decision; the officer’s name, rank, registered number and station.\n(sec.602I-ssec.3) However, a police banning notice is not invalid merely because the approval is not in writing, if the police officer makes the written record as required under subsection (2) at the first reasonable opportunity after the notice is given.\n- (a) approves the giving of an initial police banning notice; or\n- (b) gives an extended police banning notice.\n- (a) the officer’s decision to approve or give the police banning notice;\n- (b) the reason for the officer’s decision;\n- (c) the date and time of the decision;\n- (d) the officer’s name, rank, registered number and station.","sortOrder":1120},{"sectionNumber":"sec.602J","sectionType":"section","heading":"Actions not prohibited by notice","content":"### sec.602J Actions not prohibited by notice\n\nDespite section 602B , a police banning notice does not prohibit the respondent for the notice from entering or remaining in the respondent’s residence, place of employment or place of education.\ns 602J ins 2014 No. 42 s 118","sortOrder":1121},{"sectionNumber":"sec.602JA","sectionType":"section","heading":"Cancellation of police banning notices by police officers","content":"### sec.602JA Cancellation of police banning notices by police officers\n\nA police officer of at least the rank of senior sergeant may decide, at any time and on the officer’s own initiative, to cancel a police banning notice.\nBefore making a decision under subsection (1) , the police officer must be reasonably satisfied, having regard to the circumstances in which the police banning notice was given that—\nthe notice should not have been given to the respondent; or\nthe notice is causing, or will cause, undue hardship to the respondent or a member of the respondent’s family.\ns 602JA (prev s 602G) ins 2014 No. 42 s 118\namd 2021 No. 7 s 54 (1) – (3)\nreloc and renum 2021 No. 7 s 54 (4)\n(sec.602JA-ssec.1) A police officer of at least the rank of senior sergeant may decide, at any time and on the officer’s own initiative, to cancel a police banning notice.\n(sec.602JA-ssec.2) Before making a decision under subsection (1) , the police officer must be reasonably satisfied, having regard to the circumstances in which the police banning notice was given that— the notice should not have been given to the respondent; or the notice is causing, or will cause, undue hardship to the respondent or a member of the respondent’s family.\n- (a) the notice should not have been given to the respondent; or\n- (b) the notice is causing, or will cause, undue hardship to the respondent or a member of the respondent’s family.","sortOrder":1122},{"sectionNumber":"sec.602K","sectionType":"section","heading":"Amendment or cancellation if court banning order made","content":"### sec.602K Amendment or cancellation if court banning order made\n\nThis section applies if the commissioner receives a court banning order—\nfor a person who is the respondent named in a police banning notice; and\nthat states the court’s decision about the cancellation or amendment of the notice.\nA proper officer of a court must give a copy of a banning order to the commissioner under the Penalties and Sentences Act 1992 , section 43M .\nThe commissioner must ensure that, as soon as practicable, but not more than 2 business days after receiving the banning order, the police banning notice is—\ncancelled; or\namended in the way decided by the court.\nThe commissioner must give the respondent a written notice stating the police banning notice has been amended or cancelled.\nIn this section—\ncourt banning order means a banning order made under the Penalties and Sentences Act 1992 , part 3B , for a person by a court.\ns 602K ins 2014 No. 42 s 118\n(sec.602K-ssec.1) This section applies if the commissioner receives a court banning order— for a person who is the respondent named in a police banning notice; and that states the court’s decision about the cancellation or amendment of the notice. A proper officer of a court must give a copy of a banning order to the commissioner under the Penalties and Sentences Act 1992 , section 43M .\n(sec.602K-ssec.2) The commissioner must ensure that, as soon as practicable, but not more than 2 business days after receiving the banning order, the police banning notice is— cancelled; or amended in the way decided by the court.\n(sec.602K-ssec.3) The commissioner must give the respondent a written notice stating the police banning notice has been amended or cancelled.\n(sec.602K-ssec.4) In this section— court banning order means a banning order made under the Penalties and Sentences Act 1992 , part 3B , for a person by a court.\n- (a) for a person who is the respondent named in a police banning notice; and\n- (b) that states the court’s decision about the cancellation or amendment of the notice. Note— A proper officer of a court must give a copy of a banning order to the commissioner under the Penalties and Sentences Act 1992 , section 43M .\n- (a) cancelled; or\n- (b) amended in the way decided by the court.","sortOrder":1123},{"sectionNumber":"sec.602L","sectionType":"section","heading":"Procedure if police banning notice amended or cancelled","content":"### sec.602L Procedure if police banning notice amended or cancelled\n\nThis section applies if the commissioner (the decision-maker ) decides to amend or cancel, or a police officer (also the decision-maker ) decides to cancel, a police banning notice under this part.\nFor cancellation of a police banning notice by a police officer, see section 602JA . For amendment or cancellation of a police banning notice on application by the respondent, see division 5 .\nThe decision-maker must, as soon as reasonably practicable, give the respondent named in the police banning notice—\nif the decision-maker decides to amend the notice—a new police banning notice that includes the changes decided by the decision-maker; and\nif the decision-maker decides to cancel the notice—a written statement stating the notice has been cancelled and the day and time of the cancellation.\nSubsection (4) applies if an amended or cancelled police banning notice has, before the amendment or cancellation, been distributed to a person by a police officer under section 602U .\nThe decision-maker must ensure the person is notified of the cancellation or amendment of the police banning notice.\nSection 602W requires the person to destroy a police banning notice in particular circumstances.\ns 602L ins 2014 No. 42 s 118\namd 2021 No. 7 s 57\n(sec.602L-ssec.1) This section applies if the commissioner (the decision-maker ) decides to amend or cancel, or a police officer (also the decision-maker ) decides to cancel, a police banning notice under this part. For cancellation of a police banning notice by a police officer, see section 602JA . For amendment or cancellation of a police banning notice on application by the respondent, see division 5 .\n(sec.602L-ssec.2) The decision-maker must, as soon as reasonably practicable, give the respondent named in the police banning notice— if the decision-maker decides to amend the notice—a new police banning notice that includes the changes decided by the decision-maker; and if the decision-maker decides to cancel the notice—a written statement stating the notice has been cancelled and the day and time of the cancellation.\n(sec.602L-ssec.3) Subsection (4) applies if an amended or cancelled police banning notice has, before the amendment or cancellation, been distributed to a person by a police officer under section 602U .\n(sec.602L-ssec.4) The decision-maker must ensure the person is notified of the cancellation or amendment of the police banning notice. Section 602W requires the person to destroy a police banning notice in particular circumstances.\n- (a) if the decision-maker decides to amend the notice—a new police banning notice that includes the changes decided by the decision-maker; and\n- (b) if the decision-maker decides to cancel the notice—a written statement stating the notice has been cancelled and the day and time of the cancellation.","sortOrder":1124},{"sectionNumber":"sec.602M","sectionType":"section","heading":"Effect of cancellation of notice","content":"### sec.602M Effect of cancellation of notice\n\nA police banning notice cancelled by the commissioner or a police officer has no effect immediately after it is cancelled.\ns 602M ins 2014 No. 42 s 118","sortOrder":1125},{"sectionNumber":"ch.19-pt.5A-div.5","sectionType":"division","heading":"Review of notices","content":"## Review of notices","sortOrder":1126},{"sectionNumber":"sec.602N","sectionType":"section","heading":"Internal review for police banning notices","content":"### sec.602N Internal review for police banning notices\n\nA respondent for a police banning notice may apply, in the approved form, to the commissioner to amend or cancel the notice—\nif the application relates to an initial police banning notice—within 15 days after the notice takes effect; or\notherwise—at any time.\nWithout limiting subsection (1) , the respondent may apply to the commissioner on the ground that the police banning notice—\nprevents the respondent from entering, remaining in, or using a mode of transport to travel to, the respondent’s residence, place of employment or place of education; or\nis causing, or will cause, undue hardship to the respondent or a member of the respondent’s family.\nThe respondent must give the commissioner sufficient information with the application to enable the commissioner to decide the application.\ns 602N ins 2014 No. 42 s 118\namd 2021 No. 7 s 58\n(sec.602N-ssec.1) A respondent for a police banning notice may apply, in the approved form, to the commissioner to amend or cancel the notice— if the application relates to an initial police banning notice—within 15 days after the notice takes effect; or otherwise—at any time.\n(sec.602N-ssec.2) Without limiting subsection (1) , the respondent may apply to the commissioner on the ground that the police banning notice— prevents the respondent from entering, remaining in, or using a mode of transport to travel to, the respondent’s residence, place of employment or place of education; or is causing, or will cause, undue hardship to the respondent or a member of the respondent’s family.\n(sec.602N-ssec.3) The respondent must give the commissioner sufficient information with the application to enable the commissioner to decide the application.\n- (a) if the application relates to an initial police banning notice—within 15 days after the notice takes effect; or\n- (b) otherwise—at any time.\n- (a) prevents the respondent from entering, remaining in, or using a mode of transport to travel to, the respondent’s residence, place of employment or place of education; or\n- (b) is causing, or will cause, undue hardship to the respondent or a member of the respondent’s family.","sortOrder":1127},{"sectionNumber":"sec.602O","sectionType":"section","heading":"Commissioner’s decision about notices","content":"### sec.602O Commissioner’s decision about notices\n\nThe commissioner must decide an application made under section 602N —\nas soon as reasonably practicable; and\nif the application relates to an extended police banning notice—no later than 5 business days after receiving the application.\nIf the application relates to an extended police banning notice, the commissioner must give the respondent for the notice a QCAT information notice for the commissioner’s decision on the application.\nIn this section—\nQCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\ns 602O ins 2014 No. 42 s 118\n(sec.602O-ssec.1) The commissioner must decide an application made under section 602N — as soon as reasonably practicable; and if the application relates to an extended police banning notice—no later than 5 business days after receiving the application.\n(sec.602O-ssec.2) If the application relates to an extended police banning notice, the commissioner must give the respondent for the notice a QCAT information notice for the commissioner’s decision on the application.\n(sec.602O-ssec.3) In this section— QCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\n- (a) as soon as reasonably practicable; and\n- (b) if the application relates to an extended police banning notice—no later than 5 business days after receiving the application.","sortOrder":1128},{"sectionNumber":"sec.602P","sectionType":"section","heading":"Review by QCAT","content":"### sec.602P Review by QCAT\n\nA person given, or entitled to be given, a QCAT information notice under section 602O (2) for a police banning notice may apply, as provided under the QCAT Act , to QCAT for review of the commissioner’s decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of a reviewable decision, either on application by a person or on its own initiative.\ns 602P ins 2014 No. 42 s 118","sortOrder":1129},{"sectionNumber":"ch.19-pt.5A-div.6","sectionType":"division","heading":"Offence","content":"## Offence","sortOrder":1130},{"sectionNumber":"sec.602Q","sectionType":"section","heading":"Offence to contravene notice","content":"### sec.602Q Offence to contravene notice\n\nA person named in a police banning notice must not, without reasonable excuse, contravene the notice.\nMaximum penalty—60 penalty units.\ns 602Q ins 2014 No. 42 s 118","sortOrder":1131},{"sectionNumber":"ch.19-pt.5B","sectionType":"part","heading":"Photographing persons and distributing orders and images","content":"# Photographing persons and distributing orders and images","sortOrder":1132},{"sectionNumber":"ch.19-pt.5B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1133},{"sectionNumber":"sec.602R","sectionType":"section","heading":"Definitions for pt 5B","content":"### sec.602R Definitions for pt 5B\n\nIn this part—\napproved ID scanning system see the Liquor Act 1992 , section 173EE .\napproved operator see the Liquor Act 1992 , section 173EE .\nbanning order means—\na police banning notice; or\na document recording a special condition to which a person’s bail is subject under the Bail Act 1980 , section 11 (3) ; or\na banning order made under the Penalties and Sentences Act 1992 , part 3B .\ndestroy , an image, includes—\ndeleting an electronic copy of the image; and\nending the way in which the image may be accessed electronically.\ndistribute , an imaged order, means giving the order to a person, whether the order is given in hard copy, electronically or by allowing the person electronic access to a database.\nimage , of a person, means an image, including a digital image, taken by a police officer photographing the person under this part.\nimaged order see section 602T (2) .\nphotograph does not include videotaping.\ns 602R ins 2014 No. 42 s 118\n- (a) a police banning notice; or\n- (b) a document recording a special condition to which a person’s bail is subject under the Bail Act 1980 , section 11 (3) ; or\n- (c) a banning order made under the Penalties and Sentences Act 1992 , part 3B .\n- (a) deleting an electronic copy of the image; and\n- (b) ending the way in which the image may be accessed electronically.","sortOrder":1134},{"sectionNumber":"ch.19-pt.5B-div.2","sectionType":"division","heading":"Power to photograph persons and distribute orders and images","content":"## Power to photograph persons and distribute orders and images","sortOrder":1135},{"sectionNumber":"sec.602S","sectionType":"section","heading":"Power to detain and photograph","content":"### sec.602S Power to detain and photograph\n\nA police officer may detain and photograph the following persons at a police vehicle, watch-house or police station—\na respondent for a police banning notice;\na person whose bail is subject to a special condition mentioned in the Bail Act 1980 , section 11 (3) , if—\nthe person was granted bail by a police officer at a place mentioned in section 11 (4AA) (a) of that Act; or\na condition was imposed on the person by the court under section 11 (4AA) (b) of that Act;\na person who has been ordered by a court to attend a police station under the Penalties and Sentences Act 1992 , section 43J (4) .\nIf the police officer is unable to photograph the respondent without transporting the respondent to a police vehicle, watch-house or police station, the police officer may detain and transport the respondent to the police vehicle, watch-house or police station.\nUnder this section, a police officer may only—\ndetain a person for the period reasonably necessary to photograph the person; and\nif subsection (2) applies, detain a person for the period reasonably necessary to transport the person; and\nphotograph a person for the purpose of attaching an image of the person to a banning order for the person.\ns 602S ins 2014 No. 42 s 118\namd 2018 No. 20 s 32 ; 2021 No. 7 s 59\n(sec.602S-ssec.1) A police officer may detain and photograph the following persons at a police vehicle, watch-house or police station— a respondent for a police banning notice; a person whose bail is subject to a special condition mentioned in the Bail Act 1980 , section 11 (3) , if— the person was granted bail by a police officer at a place mentioned in section 11 (4AA) (a) of that Act; or a condition was imposed on the person by the court under section 11 (4AA) (b) of that Act; a person who has been ordered by a court to attend a police station under the Penalties and Sentences Act 1992 , section 43J (4) .\n(sec.602S-ssec.2) If the police officer is unable to photograph the respondent without transporting the respondent to a police vehicle, watch-house or police station, the police officer may detain and transport the respondent to the police vehicle, watch-house or police station.\n(sec.602S-ssec.3) Under this section, a police officer may only— detain a person for the period reasonably necessary to photograph the person; and if subsection (2) applies, detain a person for the period reasonably necessary to transport the person; and photograph a person for the purpose of attaching an image of the person to a banning order for the person.\n- (a) a respondent for a police banning notice;\n- (b) a person whose bail is subject to a special condition mentioned in the Bail Act 1980 , section 11 (3) , if— (i) the person was granted bail by a police officer at a place mentioned in section 11 (4AA) (a) of that Act; or (ii) a condition was imposed on the person by the court under section 11 (4AA) (b) of that Act;\n- (i) the person was granted bail by a police officer at a place mentioned in section 11 (4AA) (a) of that Act; or\n- (ii) a condition was imposed on the person by the court under section 11 (4AA) (b) of that Act;\n- (c) a person who has been ordered by a court to attend a police station under the Penalties and Sentences Act 1992 , section 43J (4) .\n- (i) the person was granted bail by a police officer at a place mentioned in section 11 (4AA) (a) of that Act; or\n- (ii) a condition was imposed on the person by the court under section 11 (4AA) (b) of that Act;\n- (a) detain a person for the period reasonably necessary to photograph the person; and\n- (b) if subsection (2) applies, detain a person for the period reasonably necessary to transport the person; and\n- (c) photograph a person for the purpose of attaching an image of the person to a banning order for the person.","sortOrder":1136},{"sectionNumber":"sec.602T","sectionType":"section","heading":"Attaching image to a banning order","content":"### sec.602T Attaching image to a banning order\n\nA police officer may attach an image of a person taken under this part to a banning order for the person.\nAn imaged order is a banning order to which an image has been attached.\nTo remove doubt, it is declared that an image of a person taken for a particular banning order may be attached to a different banning order for the person.\nAn image of a person taken for a police banning notice may be later attached to a banning order made under the Penalties and Sentences Act 1992 , part 3B for the person.\ns 602T ins 2014 No. 42 s 118\n(sec.602T-ssec.1) A police officer may attach an image of a person taken under this part to a banning order for the person.\n(sec.602T-ssec.2) An imaged order is a banning order to which an image has been attached.\n(sec.602T-ssec.3) To remove doubt, it is declared that an image of a person taken for a particular banning order may be attached to a different banning order for the person. An image of a person taken for a police banning notice may be later attached to a banning order made under the Penalties and Sentences Act 1992 , part 3B for the person.","sortOrder":1137},{"sectionNumber":"sec.602U","sectionType":"section","heading":"Distribution of imaged order or police banning notice","content":"### sec.602U Distribution of imaged order or police banning notice\n\nA police officer may distribute an imaged order for a person to the Commissioner for Liquor and Gaming, or an approved operator for an approved ID scanning system, for recording on the approved ID scanning system.\nA police officer may also distribute an imaged order to any 1 or more of the following persons for the purposes of preventing the entry of the person named in the order to the places stated in the order—\nthe licensee of any licensed premises stated in the order;\nthe licensee of any licensed premises included in a class of licensed premises stated in the order;\nan approved manager working at the licensed premises mentioned in paragraph (a) or (b) or at an event to which the order applies;\nif there is no approved manager working at an event stated in the order—the person responsible for the sale of liquor at the event.\nThe distribution of the imaged order may be subject to reasonable conditions decided by the commissioner.\nAlso, a police officer may distribute a police banning notice that does not have an image attached to it in the same way as an imaged order may be distributed under this section.\nThe Bail Act 1980 , section 34F provides for the distribution of information about a special condition made under section 11 (3) of that Act in circumstances where the condition does not have an image attached to it.\nThe Penalties and Sentences Act 1992 , section 43N provides for the distribution of a banning order made under that Act in circumstances where the order does not have an image attached to it.\nIn this section—\napproved manager means a person holding an approval as an approved manager under the Liquor Act 1992 .\nCommissioner for Liquor and Gaming means the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991 .\ns 602U ins 2014 No. 42 s 118\n(sec.602U-ssec.1) A police officer may distribute an imaged order for a person to the Commissioner for Liquor and Gaming, or an approved operator for an approved ID scanning system, for recording on the approved ID scanning system.\n(sec.602U-ssec.2) A police officer may also distribute an imaged order to any 1 or more of the following persons for the purposes of preventing the entry of the person named in the order to the places stated in the order— the licensee of any licensed premises stated in the order; the licensee of any licensed premises included in a class of licensed premises stated in the order; an approved manager working at the licensed premises mentioned in paragraph (a) or (b) or at an event to which the order applies; if there is no approved manager working at an event stated in the order—the person responsible for the sale of liquor at the event.\n(sec.602U-ssec.3) The distribution of the imaged order may be subject to reasonable conditions decided by the commissioner.\n(sec.602U-ssec.3A) Also, a police officer may distribute a police banning notice that does not have an image attached to it in the same way as an imaged order may be distributed under this section. The Bail Act 1980 , section 34F provides for the distribution of information about a special condition made under section 11 (3) of that Act in circumstances where the condition does not have an image attached to it. The Penalties and Sentences Act 1992 , section 43N provides for the distribution of a banning order made under that Act in circumstances where the order does not have an image attached to it.\n(sec.602U-ssec.4) In this section— approved manager means a person holding an approval as an approved manager under the Liquor Act 1992 . Commissioner for Liquor and Gaming means the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991 .\n- (a) the licensee of any licensed premises stated in the order;\n- (b) the licensee of any licensed premises included in a class of licensed premises stated in the order;\n- (c) an approved manager working at the licensed premises mentioned in paragraph (a) or (b) or at an event to which the order applies;\n- (d) if there is no approved manager working at an event stated in the order—the person responsible for the sale of liquor at the event.\n- 1 The Bail Act 1980 , section 34F provides for the distribution of information about a special condition made under section 11 (3) of that Act in circumstances where the condition does not have an image attached to it.\n- 2 The Penalties and Sentences Act 1992 , section 43N provides for the distribution of a banning order made under that Act in circumstances where the order does not have an image attached to it.","sortOrder":1138},{"sectionNumber":"ch.19-pt.5B-div.3","sectionType":"division","heading":"Destruction of images","content":"## Destruction of images","sortOrder":1139},{"sectionNumber":"sec.602V","sectionType":"section","heading":"Commissioner to destroy image","content":"### sec.602V Commissioner to destroy image\n\nThe commissioner must take reasonable steps to ensure that an image of a person taken for a banning order is destroyed as soon as reasonably practicable after the day the banning order no longer has effect.\nHowever, if a relevant proceeding has started in relation to the person, the image must be destroyed as soon as reasonably practicable after the end of the period for appeal of a decision from the proceeding.\nSubsection (1) does not prevent an image being attached to another banning order, if the image has not been destroyed under this section.\nIn this section—\nrelevant proceeding , in relation to a person named in a banning order, means—\na proceeding for an offence committed, or alleged to have been committed, by the person arising from the circumstances that led to the giving of the order; or\na proceeding for an offence under section 602W relating to the banning order.\ns 602V ins 2014 No. 42 s 118\n(sec.602V-ssec.1) The commissioner must take reasonable steps to ensure that an image of a person taken for a banning order is destroyed as soon as reasonably practicable after the day the banning order no longer has effect.\n(sec.602V-ssec.2) However, if a relevant proceeding has started in relation to the person, the image must be destroyed as soon as reasonably practicable after the end of the period for appeal of a decision from the proceeding.\n(sec.602V-ssec.3) Subsection (1) does not prevent an image being attached to another banning order, if the image has not been destroyed under this section.\n(sec.602V-ssec.4) In this section— relevant proceeding , in relation to a person named in a banning order, means— a proceeding for an offence committed, or alleged to have been committed, by the person arising from the circumstances that led to the giving of the order; or a proceeding for an offence under section 602W relating to the banning order.\n- (a) a proceeding for an offence committed, or alleged to have been committed, by the person arising from the circumstances that led to the giving of the order; or\n- (b) a proceeding for an offence under section 602W relating to the banning order.","sortOrder":1140},{"sectionNumber":"sec.602W","sectionType":"section","heading":"Other persons who must destroy imaged order or police banning notice","content":"### sec.602W Other persons who must destroy imaged order or police banning notice\n\nThis section applies to a person to whom an imaged order has been distributed under section 602U , other than a person operating an approved ID scanning system or using an approved ID scanner under the Liquor Act 1992 .\nPart 6AA of the Liquor Act 1992 deals with the use of banning orders held in an approved ID scanning system.\nThe person must destroy the imaged order as soon as practicable, and not later than 7 days, after the day the banning order no longer has effect, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nThe person must not, without reasonable excuse—\nuse the imaged order in any way other than in a way that is reasonable for the purpose of preventing the entry of the person named in the order to a place stated in the order; or\nA person keeps an imaged order in a secure area of licensed premises and only gives the order to staff who are working at the front door of the premises.\nA person puts an imaged order in a place at licensed premises that is visible to the public.\ncontravene a condition decided for the imaged order under section 602U (3) .\nMaximum penalty—40 penalty units.\nIn this section—\nimaged order includes a police banning notice that does not have an image attached to it.\ns 602W ins 2014 No. 42 s 118\n(sec.602W-ssec.1) This section applies to a person to whom an imaged order has been distributed under section 602U , other than a person operating an approved ID scanning system or using an approved ID scanner under the Liquor Act 1992 . Part 6AA of the Liquor Act 1992 deals with the use of banning orders held in an approved ID scanning system.\n(sec.602W-ssec.2) The person must destroy the imaged order as soon as practicable, and not later than 7 days, after the day the banning order no longer has effect, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.602W-ssec.3) The person must not, without reasonable excuse— use the imaged order in any way other than in a way that is reasonable for the purpose of preventing the entry of the person named in the order to a place stated in the order; or A person keeps an imaged order in a secure area of licensed premises and only gives the order to staff who are working at the front door of the premises. A person puts an imaged order in a place at licensed premises that is visible to the public. contravene a condition decided for the imaged order under section 602U (3) . Maximum penalty—40 penalty units.\n(sec.602W-ssec.4) In this section— imaged order includes a police banning notice that does not have an image attached to it.\n- (a) use the imaged order in any way other than in a way that is reasonable for the purpose of preventing the entry of the person named in the order to a place stated in the order; or Example of a reasonable way of using an order for paragraph (a) — A person keeps an imaged order in a secure area of licensed premises and only gives the order to staff who are working at the front door of the premises. Example of an unreasonable way of using an order for paragraph (a) — A person puts an imaged order in a place at licensed premises that is visible to the public.\n- (b) contravene a condition decided for the imaged order under section 602U (3) .","sortOrder":1141},{"sectionNumber":"ch.19-pt.6","sectionType":"part","heading":"Miscellaneous powers","content":"# Miscellaneous powers","sortOrder":1142},{"sectionNumber":"ch.19-pt.6-div.1","sectionType":"division","heading":"Potentially harmful things","content":"## Potentially harmful things","sortOrder":1143},{"sectionNumber":"sec.603","sectionType":"section","heading":"Power to seize potentially harmful things","content":"### sec.603 Power to seize potentially harmful things\n\nThis section applies if a police officer—\nfinds a person in circumstances in which the police officer reasonably suspects the person is in possession of a potentially harmful thing the person has ingested or inhaled, is ingesting or inhaling, or is about to ingest or inhale; or\nfinds a person in possession of a potentially harmful thing in circumstances in which the police officer reasonably suspects the person has ingested or inhaled, is ingesting or inhaling, or is about to ingest or inhale, the thing.\nA police officer finds a person with paint on the person’s lips.\nThe police officer may search the person and anything in the person’s possession to find out whether the person is in possession of a potentially harmful thing.\nIf the person is in possession of a potentially harmful thing, the police officer may ask the person to explain why the person is in possession of the thing.\nIf the person does not give a reasonable explanation, the police officer may seize the potentially harmful thing.\nIt is not a reasonable explanation for subsection (4) that the person is in possession of the potentially harmful thing to inhale it or ingest it.\nOn the seizure of the potentially harmful thing, the thing is forfeited to the State.\nSection 622 does not apply to a thing seized under this section.\ns 603 ins 2000 No. 22 s 20\nsub 2003 No. 92 s 13\n(sec.603-ssec.1) This section applies if a police officer— finds a person in circumstances in which the police officer reasonably suspects the person is in possession of a potentially harmful thing the person has ingested or inhaled, is ingesting or inhaling, or is about to ingest or inhale; or finds a person in possession of a potentially harmful thing in circumstances in which the police officer reasonably suspects the person has ingested or inhaled, is ingesting or inhaling, or is about to ingest or inhale, the thing. A police officer finds a person with paint on the person’s lips.\n(sec.603-ssec.2) The police officer may search the person and anything in the person’s possession to find out whether the person is in possession of a potentially harmful thing.\n(sec.603-ssec.3) If the person is in possession of a potentially harmful thing, the police officer may ask the person to explain why the person is in possession of the thing.\n(sec.603-ssec.4) If the person does not give a reasonable explanation, the police officer may seize the potentially harmful thing.\n(sec.603-ssec.5) It is not a reasonable explanation for subsection (4) that the person is in possession of the potentially harmful thing to inhale it or ingest it.\n(sec.603-ssec.6) On the seizure of the potentially harmful thing, the thing is forfeited to the State.\n(sec.603-ssec.7) Section 622 does not apply to a thing seized under this section.\n- (a) finds a person in circumstances in which the police officer reasonably suspects the person is in possession of a potentially harmful thing the person has ingested or inhaled, is ingesting or inhaling, or is about to ingest or inhale; or\n- (b) finds a person in possession of a potentially harmful thing in circumstances in which the police officer reasonably suspects the person has ingested or inhaled, is ingesting or inhaling, or is about to ingest or inhale, the thing. Example for paragraph (a) — A police officer finds a person with paint on the person’s lips.","sortOrder":1144},{"sectionNumber":"sec.604","sectionType":"section","heading":"Dealing with persons affected by potentially harmful things","content":"### sec.604 Dealing with persons affected by potentially harmful things\n\nThis section applies to a person at a declared locality if, because of the way the person is behaving and other relevant indicators, a police officer is satisfied the person is affected by the ingestion or inhalation of a potentially harmful thing.\nthe presence of spray paint cans near the person\nHowever, this section applies to the person only if it is appropriate for the person to be taken to a place of safety.\nA hospital may be a place of safety for a person who needs medical attention.\nA vehicle used to transport persons to a place of safety and under the control of someone other than a police officer may be a place of safety.\nThe person’s home, or the home of a relative or friend, may be a place of safety if there is no likelihood of domestic violence or associated domestic violence happening at the place because of the person’s condition or the person is not subject to a domestic violence order, police protection direction, police protection notice or release conditions preventing the person from entering or remaining at the place.\nIt is lawful for the police officer to detain the person for the purpose of taking the person to a place of safety.\nIn this section—\ndeclared locality means a locality declared under a regulation for this section.\ns 604 ins 2003 No. 92 s 13\namd 2016 No. 51 s 73 sch 1 ; 2023 No. 21 s 50J ; 2025 No. 18 s 64\n(sec.604-ssec.1) This section applies to a person at a declared locality if, because of the way the person is behaving and other relevant indicators, a police officer is satisfied the person is affected by the ingestion or inhalation of a potentially harmful thing. the presence of spray paint cans near the person\n(sec.604-ssec.2) However, this section applies to the person only if it is appropriate for the person to be taken to a place of safety. A hospital may be a place of safety for a person who needs medical attention. A vehicle used to transport persons to a place of safety and under the control of someone other than a police officer may be a place of safety. The person’s home, or the home of a relative or friend, may be a place of safety if there is no likelihood of domestic violence or associated domestic violence happening at the place because of the person’s condition or the person is not subject to a domestic violence order, police protection direction, police protection notice or release conditions preventing the person from entering or remaining at the place.\n(sec.604-ssec.3) It is lawful for the police officer to detain the person for the purpose of taking the person to a place of safety.\n(sec.604-ssec.4) In this section— declared locality means a locality declared under a regulation for this section.\n- 1 A hospital may be a place of safety for a person who needs medical attention.\n- 2 A vehicle used to transport persons to a place of safety and under the control of someone other than a police officer may be a place of safety.\n- 3 The person’s home, or the home of a relative or friend, may be a place of safety if there is no likelihood of domestic violence or associated domestic violence happening at the place because of the person’s condition or the person is not subject to a domestic violence order, police protection direction, police protection notice or release conditions preventing the person from entering or remaining at the place.","sortOrder":1145},{"sectionNumber":"sec.605","sectionType":"section","heading":"Duties in relation to person detained under s 604","content":"### sec.605 Duties in relation to person detained under s 604\n\nIt is the duty of the police officer who detains a person under section 604 , at the earliest reasonable opportunity—\nto take the person to a place of safety; and\nto release the person at the place of safety.\nHowever, subsection (1) does not apply if—\nafter making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or\nthere is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or\nthe police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.\nIf subsection (1) does not apply because of subsection (2) , the person must be released.\nAs soon as practicable after a person is released under subsection (1) or (3) , the police officer must enter in a register kept for this section the particulars prescribed by regulation.\nTo remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.\ns 605 ins 2003 No. 92 s 13\namd 2012 No. 5 s 223 ; 2023 No. 21 s 50K\n(sec.605-ssec.1) It is the duty of the police officer who detains a person under section 604 , at the earliest reasonable opportunity— to take the person to a place of safety; and to release the person at the place of safety.\n(sec.605-ssec.2) However, subsection (1) does not apply if— after making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or there is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or the police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.\n(sec.605-ssec.3) If subsection (1) does not apply because of subsection (2) , the person must be released.\n(sec.605-ssec.4) As soon as practicable after a person is released under subsection (1) or (3) , the police officer must enter in a register kept for this section the particulars prescribed by regulation.\n(sec.605-ssec.5) To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.\n- (a) to take the person to a place of safety; and\n- (b) to release the person at the place of safety.\n- (a) after making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or\n- (b) there is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or\n- (c) the police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.","sortOrder":1146},{"sectionNumber":"sec.606","sectionType":"section","heading":null,"content":"### Section sec.606\n\ns 606 ins 2003 No. 92 s 13\nom 2023 No. 21 s 50L","sortOrder":1147},{"sectionNumber":"sec.607","sectionType":"section","heading":null,"content":"### Section sec.607\n\ns 607 ins 2003 No. 92 s 13\namd 2014 No. 21 s 94 (2) sch 2\nom 2023 No. 21 s 50L","sortOrder":1148},{"sectionNumber":"sec.608","sectionType":"section","heading":null,"content":"### Section sec.608\n\ns 608 ins 2003 No. 92 s 13\nom 2007 No. 1 s 16","sortOrder":1149},{"sectionNumber":"ch.19-pt.6-div.2","sectionType":"division","heading":"Other miscellaneous powers","content":"## Other miscellaneous powers","sortOrder":1150},{"sectionNumber":"sec.609","sectionType":"section","heading":"Entry of place to prevent offence, injury or domestic violence","content":"### sec.609 Entry of place to prevent offence, injury or domestic violence\n\nThis section applies if a police officer reasonably suspects—\nthere is an imminent risk of either of the following happening at a place—\ninjury to a person;\nan offence involving damaging property; or\ndomestic violence is occurring, or has occurred before the officer’s arrival, at a place.\nIt is lawful for the police officer to enter the place and stay on it for the time reasonably necessary—\nto establish whether the reason for the entry exists; and\nto ensure that, in the officer’s opinion, an imminent risk of injury, damage or domestic violence does not exist at the place; and\nto give or arrange for reasonable help to any person at the place.\nThe police officer may detain anyone at the place for the time reasonably necessary to establish whether the reason for the entry exists.\nIf the police officer is reasonably satisfied a reason for the entry exists, the police officer may do any of the following—\ndetain a person for a search or to prevent acts of violence or damage to property;\nsearch anyone detained for anything that may be, or has been used to cause the injury or damage or for domestic violence;\nsearch the place—\nfor anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and\nfor anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;\nseize anything found at the place or on a person at the place that may be, or has been used to cause the injury or damage or for domestic violence or associated domestic violence.\nThe police officer may be satisfied the thing may be used for domestic violence or associated domestic violence because of apparently reliable information.\nBefore searching a place under this section, the police officer must inform the occupier of the place, if present, that the occupier may accompany the police officer while the place is being searched.\nFor this section, a place that is a building, includes a vehicle at the place.\ns 609 (prev s 300) renum 2000 No. 22 s 19\namd 2012 No. 5 ss 223 , 225\n(sec.609-ssec.1) This section applies if a police officer reasonably suspects— there is an imminent risk of either of the following happening at a place— injury to a person; an offence involving damaging property; or domestic violence is occurring, or has occurred before the officer’s arrival, at a place.\n(sec.609-ssec.2) It is lawful for the police officer to enter the place and stay on it for the time reasonably necessary— to establish whether the reason for the entry exists; and to ensure that, in the officer’s opinion, an imminent risk of injury, damage or domestic violence does not exist at the place; and to give or arrange for reasonable help to any person at the place.\n(sec.609-ssec.3) The police officer may detain anyone at the place for the time reasonably necessary to establish whether the reason for the entry exists.\n(sec.609-ssec.4) If the police officer is reasonably satisfied a reason for the entry exists, the police officer may do any of the following— detain a person for a search or to prevent acts of violence or damage to property; search anyone detained for anything that may be, or has been used to cause the injury or damage or for domestic violence; search the place— for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence; seize anything found at the place or on a person at the place that may be, or has been used to cause the injury or damage or for domestic violence or associated domestic violence. The police officer may be satisfied the thing may be used for domestic violence or associated domestic violence because of apparently reliable information.\n(sec.609-ssec.5) Before searching a place under this section, the police officer must inform the occupier of the place, if present, that the occupier may accompany the police officer while the place is being searched.\n(sec.609-ssec.6) For this section, a place that is a building, includes a vehicle at the place.\n- (a) there is an imminent risk of either of the following happening at a place— (i) injury to a person; (ii) an offence involving damaging property; or\n- (i) injury to a person;\n- (ii) an offence involving damaging property; or\n- (b) domestic violence is occurring, or has occurred before the officer’s arrival, at a place.\n- (i) injury to a person;\n- (ii) an offence involving damaging property; or\n- (a) to establish whether the reason for the entry exists; and\n- (b) to ensure that, in the officer’s opinion, an imminent risk of injury, damage or domestic violence does not exist at the place; and\n- (c) to give or arrange for reasonable help to any person at the place.\n- (a) detain a person for a search or to prevent acts of violence or damage to property;\n- (b) search anyone detained for anything that may be, or has been used to cause the injury or damage or for domestic violence;\n- (c) search the place— (i) for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and (ii) for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;\n- (i) for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and\n- (ii) for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;\n- (d) seize anything found at the place or on a person at the place that may be, or has been used to cause the injury or damage or for domestic violence or associated domestic violence.\n- (i) for anyone who may be at risk of being injured or subject to domestic violence or associated domestic violence; and\n- (ii) for anything that may be, or has been, used to cause the injury or damage or for domestic violence or associated domestic violence;","sortOrder":1151},{"sectionNumber":"sec.609A","sectionType":"section","heading":"Use of body-worn cameras","content":"### sec.609A Use of body-worn cameras\n\nIt is lawful for a police officer, protective services officer or watch-house officer to use a body-worn camera to record images or sounds while the officer is acting in the performance of the officer’s duties.\nUse of a body-worn camera by a police officer, protective services officer or watch-house officer under subsection (1) includes use that is—\ninadvertent or unexpected; or\nincidental to use while acting in the performance of the officer’s duties.\nSubsection (1) does not affect an ability the police officer, protective services officer or watch-house officer has at common law or under this Act or another Act to record images or sounds.\nTo remove any doubt, it is declared that subsection (1) is a provision authorising the use by a police officer, protective services officer or watch-house officer of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\nIn this section—\nbody-worn camera means a device—\nworn on clothing or otherwise secured on a person; and\ndesigned to be used to—\nrecord images; or\nrecord images and sounds.\ns 609A ins 2015 No. 34 s 20\namd 2022 No. 9 s 5 ; 2024 No. 45 s 133G\n(sec.609A-ssec.1) It is lawful for a police officer, protective services officer or watch-house officer to use a body-worn camera to record images or sounds while the officer is acting in the performance of the officer’s duties.\n(sec.609A-ssec.2) Use of a body-worn camera by a police officer, protective services officer or watch-house officer under subsection (1) includes use that is— inadvertent or unexpected; or incidental to use while acting in the performance of the officer’s duties.\n(sec.609A-ssec.3) Subsection (1) does not affect an ability the police officer, protective services officer or watch-house officer has at common law or under this Act or another Act to record images or sounds.\n(sec.609A-ssec.4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by a police officer, protective services officer or watch-house officer of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n(sec.609A-ssec.5) In this section— body-worn camera means a device— worn on clothing or otherwise secured on a person; and designed to be used to— record images; or record images and sounds.\n- (a) inadvertent or unexpected; or\n- (b) incidental to use while acting in the performance of the officer’s duties.\n- (a) worn on clothing or otherwise secured on a person; and\n- (b) designed to be used to— (i) record images; or (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.","sortOrder":1152},{"sectionNumber":"sec.610","sectionType":"section","heading":"Police actions after domestic violence order, police protection direction, police protection notice or release conditions are made","content":"### sec.610 Police actions after domestic violence order, police protection direction, police protection notice or release conditions are made\n\nThis section applies if, under the Weapons Act 1990 , section 29B , the person named as the respondent in a domestic violence order, police protection direction, police protection notice or release conditions is to give a weapon the respondent possesses to a police officer.\nThe police officer who serves the order, direction, notice or conditions on the respondent must—\nif the order, direction or notice is served on the respondent at the respondent’s place of residence—take all steps necessary to ensure the respondent’s weapons licence and weapon are seized immediately; and\nin any other case—make arrangements to ensure the respondent’s weapons licence and weapon are surrendered to a police officer as soon as practicable.\nA police officer must personally serve a domestic violence order, police protection direction, police protection notice or release conditions on the respondent. Also, the clerk of the court must, as soon as reasonably practicable after a domestic violence order is made, give a copy of the order to the officer in charge of the police station nearest the place where the respondent lives or was last known to live. See the Domestic and Family Violence Protection Act 2012 , sections 109 (1) , 124 and 184 (2) and (3) .\nTo seize a weapon as mentioned in subsection (2) (a) , the police officer may enter and search the respondent’s place of residence if the officer has reasonable grounds for suspecting the weapon is at the place.\nIn making a domestic violence order, police protection direction or police protection notice, the court or police officer includes information about a weapons licence or weapon in the respondent’s possession.\nThe police officer has received apparently reliable information that the respondent possesses a weapon.\nA police officer must exercise the powers under this section in a way that—\nis consistent with the need to ensure the protection of a person who is an aggrieved, or a named person, as stated in the order, direction, notice or conditions; and\ntries to minimise disruption to the respondent.\ns 610 ins 2002 No. 6 s 41\namd 2006 No. 26 s 52 ; 2016 No. 51 s 63 ; 2025 No. 18 s 65\n(sec.610-ssec.1) This section applies if, under the Weapons Act 1990 , section 29B , the person named as the respondent in a domestic violence order, police protection direction, police protection notice or release conditions is to give a weapon the respondent possesses to a police officer.\n(sec.610-ssec.2) The police officer who serves the order, direction, notice or conditions on the respondent must— if the order, direction or notice is served on the respondent at the respondent’s place of residence—take all steps necessary to ensure the respondent’s weapons licence and weapon are seized immediately; and in any other case—make arrangements to ensure the respondent’s weapons licence and weapon are surrendered to a police officer as soon as practicable. A police officer must personally serve a domestic violence order, police protection direction, police protection notice or release conditions on the respondent. Also, the clerk of the court must, as soon as reasonably practicable after a domestic violence order is made, give a copy of the order to the officer in charge of the police station nearest the place where the respondent lives or was last known to live. See the Domestic and Family Violence Protection Act 2012 , sections 109 (1) , 124 and 184 (2) and (3) .\n(sec.610-ssec.3) To seize a weapon as mentioned in subsection (2) (a) , the police officer may enter and search the respondent’s place of residence if the officer has reasonable grounds for suspecting the weapon is at the place. In making a domestic violence order, police protection direction or police protection notice, the court or police officer includes information about a weapons licence or weapon in the respondent’s possession. The police officer has received apparently reliable information that the respondent possesses a weapon.\n(sec.610-ssec.4) A police officer must exercise the powers under this section in a way that— is consistent with the need to ensure the protection of a person who is an aggrieved, or a named person, as stated in the order, direction, notice or conditions; and tries to minimise disruption to the respondent.\n- (a) if the order, direction or notice is served on the respondent at the respondent’s place of residence—take all steps necessary to ensure the respondent’s weapons licence and weapon are seized immediately; and\n- (b) in any other case—make arrangements to ensure the respondent’s weapons licence and weapon are surrendered to a police officer as soon as practicable.\n- 1 In making a domestic violence order, police protection direction or police protection notice, the court or police officer includes information about a weapons licence or weapon in the respondent’s possession.\n- 2 The police officer has received apparently reliable information that the respondent possesses a weapon.\n- (a) is consistent with the need to ensure the protection of a person who is an aggrieved, or a named person, as stated in the order, direction, notice or conditions; and\n- (b) tries to minimise disruption to the respondent.","sortOrder":1153},{"sectionNumber":"sec.611","sectionType":"section","heading":"Attendance at rental premises while person or property is removed","content":"### sec.611 Attendance at rental premises while person or property is removed\n\nAt the request of a provider, a police officer may enter and stay in a person’s room in rental premises while the provider, or someone helping the provider, exercises a power under the Residential Tenancies and Rooming Accommodation Act 2008 , section 375 to remove the person or the person’s property from the rental premises.\nSubsection (1) does not limit any other power of the police officer under another Act or law.\nIn this section—\nprovider see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\nrental premises see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\ns 611 ins 2002 No. 19 s 141\namd 2004 No. 10 s 8 sch\nsub 2008 No. 73 s 554 sch 1\n(sec.611-ssec.1) At the request of a provider, a police officer may enter and stay in a person’s room in rental premises while the provider, or someone helping the provider, exercises a power under the Residential Tenancies and Rooming Accommodation Act 2008 , section 375 to remove the person or the person’s property from the rental premises.\n(sec.611-ssec.2) Subsection (1) does not limit any other power of the police officer under another Act or law.\n(sec.611-ssec.3) In this section— provider see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 . rental premises see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .","sortOrder":1154},{"sectionNumber":"sec.612","sectionType":"section","heading":"Assistance in exercising powers","content":"### sec.612 Assistance in exercising powers\n\nIt is lawful for a police officer exercising a power under this Act or any other Act—\nto seek the help of another person (an assistant ) the officer reasonably requires for performing a function of the police service; or\nto take onto a place any assistant, equipment, vehicle, animal or material the officer reasonably requires for exercising the power.\nA police officer may seek the help of an electrician to install a listening device under a surveillance device warrant.\nA police officer making an arrest may seek the help of a member of the public to help the police officer subdue the person.\nA police officer may seek the help of an investigator authorised under the Liquor Act 1992 , section 174 (1) , for exercising powers under section 60 for monitoring or enforcing a liquor provision under that section.\nA protective services officer may seek the services of a translator to explain to an entrant to a state building who does not speak English the screening process used in the building.\nThe police officer may authorise the assistant—\nto take stated action at the place; and\nto exercise stated powers the police officer is authorised to exercise.\nHowever, the police officer can not authorise the assistant—\nto arrest a person; or\nto demand a person’s name and address; or\nto exercise a power a police officer has when responding to a CBR emergency under the Public Safety Preservation Act 1986 , section 23 .\nThe police officer must, if practicable, tell the assistant—\nof the action the assistant is authorised to take; and\nof the assistant’s powers under this section.\nAlso, if the stated action is to help the police officer search the place, the assistant may search the place to the extent authorised by the police officer whether or not a police officer is present while the assistant is searching the place.\nHowever, the assistant may not help search a dwelling unless a police officer is present while the assistant helps in the search.\nSubsection (1) applies, in relation to animals, despite any other Act or law.\nA reference in this section to a police officer and the police service includes—\na reference to a law enforcement agency and a law enforcement officer when a person is performing the functions of a law enforcement officer under chapter 11 or 13 ; and\na reference to a protective services officer when performing the functions of a protective services officer under chapter 19 , part 1 .\ns 612 (prev s 301) renum 2000 No. 22 s 19\namd 2002 No. 47 s 95 ; 2003 No. 46 s 19 sch ; 2005 No. 45 s 13 ; 2006 No. 26 s 53 ; 2021 No. 24 s 39 ; 2022 No. 9 s 6\n(sec.612-ssec.1) It is lawful for a police officer exercising a power under this Act or any other Act— to seek the help of another person (an assistant ) the officer reasonably requires for performing a function of the police service; or to take onto a place any assistant, equipment, vehicle, animal or material the officer reasonably requires for exercising the power. A police officer may seek the help of an electrician to install a listening device under a surveillance device warrant. A police officer making an arrest may seek the help of a member of the public to help the police officer subdue the person. A police officer may seek the help of an investigator authorised under the Liquor Act 1992 , section 174 (1) , for exercising powers under section 60 for monitoring or enforcing a liquor provision under that section. A protective services officer may seek the services of a translator to explain to an entrant to a state building who does not speak English the screening process used in the building.\n(sec.612-ssec.2) The police officer may authorise the assistant— to take stated action at the place; and to exercise stated powers the police officer is authorised to exercise.\n(sec.612-ssec.3) However, the police officer can not authorise the assistant— to arrest a person; or to demand a person’s name and address; or to exercise a power a police officer has when responding to a CBR emergency under the Public Safety Preservation Act 1986 , section 23 .\n(sec.612-ssec.4) The police officer must, if practicable, tell the assistant— of the action the assistant is authorised to take; and of the assistant’s powers under this section.\n(sec.612-ssec.5) Also, if the stated action is to help the police officer search the place, the assistant may search the place to the extent authorised by the police officer whether or not a police officer is present while the assistant is searching the place.\n(sec.612-ssec.6) However, the assistant may not help search a dwelling unless a police officer is present while the assistant helps in the search.\n(sec.612-ssec.7) Subsection (1) applies, in relation to animals, despite any other Act or law.\n(sec.612-ssec.8) A reference in this section to a police officer and the police service includes— a reference to a law enforcement agency and a law enforcement officer when a person is performing the functions of a law enforcement officer under chapter 11 or 13 ; and a reference to a protective services officer when performing the functions of a protective services officer under chapter 19 , part 1 .\n- (a) to seek the help of another person (an assistant ) the officer reasonably requires for performing a function of the police service; or\n- (b) to take onto a place any assistant, equipment, vehicle, animal or material the officer reasonably requires for exercising the power.\n- 1 A police officer may seek the help of an electrician to install a listening device under a surveillance device warrant.\n- 2 A police officer making an arrest may seek the help of a member of the public to help the police officer subdue the person.\n- 3 A police officer may seek the help of an investigator authorised under the Liquor Act 1992 , section 174 (1) , for exercising powers under section 60 for monitoring or enforcing a liquor provision under that section.\n- 4 A protective services officer may seek the services of a translator to explain to an entrant to a state building who does not speak English the screening process used in the building.\n- (a) to take stated action at the place; and\n- (b) to exercise stated powers the police officer is authorised to exercise.\n- (a) to arrest a person; or\n- (b) to demand a person’s name and address; or\n- (c) to exercise a power a police officer has when responding to a CBR emergency under the Public Safety Preservation Act 1986 , section 23 .\n- (a) of the action the assistant is authorised to take; and\n- (b) of the assistant’s powers under this section.\n- (a) a reference to a law enforcement agency and a law enforcement officer when a person is performing the functions of a law enforcement officer under chapter 11 or 13 ; and\n- (b) a reference to a protective services officer when performing the functions of a protective services officer under chapter 19 , part 1 .","sortOrder":1155},{"sectionNumber":"sec.613","sectionType":"section","heading":"Protection for assistants from liability","content":"### sec.613 Protection for assistants from liability\n\nAn assistant does not incur civil liability for an act done, or omission made, honestly and without negligence, while acting as an assistant.\nIf subsection (1) prevents a liability attaching to an assistant, liability attaches instead to the State.\ns 613 (prev s 302) renum 2000 No. 22 s 19\n(sec.613-ssec.1) An assistant does not incur civil liability for an act done, or omission made, honestly and without negligence, while acting as an assistant.\n(sec.613-ssec.2) If subsection (1) prevents a liability attaching to an assistant, liability attaches instead to the State.","sortOrder":1156},{"sectionNumber":"sec.614","sectionType":"section","heading":"Power to use force—exercise of certain powers","content":"### sec.614 Power to use force—exercise of certain powers\n\nIt is lawful for a police officer or law enforcement officer, and anyone helping the police officer or law enforcement officer, to use reasonably necessary force when exercising or attempting to exercise a power under—\nthis Act, including, for example, powers under a surveillance device warrant or covert search powers under a covert search warrant; or\nanother Act.\nForced entry may be necessary to execute a search warrant and seize items.\nForced entry may be needed for covert entry to a place to install a surveillance device.\nForce may be used to stop vehicles.\nThis section does not apply to the use of force against an individual.\ns 614 (prev s 303) renum 2000 No. 22 s 19\nsub 2001 No. 22 s 6\namd 2005 No. 45 s 14 ; 2016 No. 62 s 493 s ch 1 pt 1\n(sec.614-ssec.1) It is lawful for a police officer or law enforcement officer, and anyone helping the police officer or law enforcement officer, to use reasonably necessary force when exercising or attempting to exercise a power under— this Act, including, for example, powers under a surveillance device warrant or covert search powers under a covert search warrant; or another Act. Forced entry may be necessary to execute a search warrant and seize items. Forced entry may be needed for covert entry to a place to install a surveillance device. Force may be used to stop vehicles.\n(sec.614-ssec.2) This section does not apply to the use of force against an individual.\n- (a) this Act, including, for example, powers under a surveillance device warrant or covert search powers under a covert search warrant; or\n- (b) another Act.\n- 1 Forced entry may be necessary to execute a search warrant and seize items.\n- 2 Forced entry may be needed for covert entry to a place to install a surveillance device.\n- 3 Force may be used to stop vehicles.","sortOrder":1157},{"sectionNumber":"sec.615","sectionType":"section","heading":"Power to use force against individuals—police officers","content":"### sec.615 Power to use force against individuals—police officers\n\nIt is lawful for a police officer exercising or attempting to exercise a power under this or any other Act against an individual, and anyone helping the police officer, to use reasonably necessary force to exercise the power.\nA police officer may use reasonable force to prevent a person evading arrest.\nAlso, it is lawful for a police officer to use reasonably necessary force to prevent a person from escaping from lawful custody.\nThe force a police officer may use under this section does not include force likely to cause grievous bodily harm to a person or the person’s death.\ns 615 (prev s 304) renum 2000 No. 22 s 19\namd 2022 No. 9 s 7\n(sec.615-ssec.1) It is lawful for a police officer exercising or attempting to exercise a power under this or any other Act against an individual, and anyone helping the police officer, to use reasonably necessary force to exercise the power. A police officer may use reasonable force to prevent a person evading arrest.\n(sec.615-ssec.2) Also, it is lawful for a police officer to use reasonably necessary force to prevent a person from escaping from lawful custody.\n(sec.615-ssec.3) The force a police officer may use under this section does not include force likely to cause grievous bodily harm to a person or the person’s death.","sortOrder":1158},{"sectionNumber":"sec.615A","sectionType":"section","heading":"Power to use force against individuals—protective services officers","content":"### sec.615A Power to use force against individuals—protective services officers\n\nIt is lawful for a protective services officer exercising or attempting to exercise a power under chapter 19 , part 1 or another Act against an individual, and anyone helping the officer, to use reasonably necessary force to exercise the power.\nA protective services officer may use reasonable force to prevent an entrant to a state building evading detention under section 558 .\nThe force a protective services officer may use under this section does not include force likely to cause grievous bodily harm to an individual or the individual’s death.\ns 615A ins 2022 No. 9 s 8\n(sec.615A-ssec.1) It is lawful for a protective services officer exercising or attempting to exercise a power under chapter 19 , part 1 or another Act against an individual, and anyone helping the officer, to use reasonably necessary force to exercise the power. A protective services officer may use reasonable force to prevent an entrant to a state building evading detention under section 558 .\n(sec.615A-ssec.2) The force a protective services officer may use under this section does not include force likely to cause grievous bodily harm to an individual or the individual’s death.","sortOrder":1159},{"sectionNumber":"sec.616","sectionType":"section","heading":"Power to use force against individuals in critical situations","content":"### sec.616 Power to use force against individuals in critical situations\n\nThis section applies if a police officer reasonably suspects a person—\nhas committed, is committing, or is about to commit an offence punishable by life imprisonment; or\nhas committed an offence punishable by life imprisonment and is attempting to escape arrest or has escaped from arrest or custody.\nThis section also applies if—\na police officer reasonably suspects a person is doing, or is about to do, something likely to cause grievous bodily harm to, or the death of, another person; and\nthe police officer reasonably suspects the officer can not prevent the grievous bodily harm or death other than in the way authorised under this section.\nIt is lawful for the police officer to use the force reasonably necessary—\nto prevent the continuation or repetition of the offence or the commission of another offence punishable by life imprisonment; or\nto apprehend the person; or\nto prevent the escape of a person from arrest or custody; or\nto prevent the commission of an act mentioned in subsection (2) .\nThe force a police officer may use under this section includes force likely to cause grievous bodily harm to a person or the person’s death.\nIf the police officer reasonably believes it is necessary to use force likely to cause grievous bodily harm to a person or the person’s death, the police officer must, if practicable, first call on the person to stop doing the act.\ns 616 (prev s 305) renum 2000 No. 22 s 19\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.616-ssec.1) This section applies if a police officer reasonably suspects a person— has committed, is committing, or is about to commit an offence punishable by life imprisonment; or has committed an offence punishable by life imprisonment and is attempting to escape arrest or has escaped from arrest or custody.\n(sec.616-ssec.2) This section also applies if— a police officer reasonably suspects a person is doing, or is about to do, something likely to cause grievous bodily harm to, or the death of, another person; and the police officer reasonably suspects the officer can not prevent the grievous bodily harm or death other than in the way authorised under this section.\n(sec.616-ssec.3) It is lawful for the police officer to use the force reasonably necessary— to prevent the continuation or repetition of the offence or the commission of another offence punishable by life imprisonment; or to apprehend the person; or to prevent the escape of a person from arrest or custody; or to prevent the commission of an act mentioned in subsection (2) .\n(sec.616-ssec.4) The force a police officer may use under this section includes force likely to cause grievous bodily harm to a person or the person’s death.\n(sec.616-ssec.5) If the police officer reasonably believes it is necessary to use force likely to cause grievous bodily harm to a person or the person’s death, the police officer must, if practicable, first call on the person to stop doing the act.\n- (a) has committed, is committing, or is about to commit an offence punishable by life imprisonment; or\n- (b) has committed an offence punishable by life imprisonment and is attempting to escape arrest or has escaped from arrest or custody.\n- (a) a police officer reasonably suspects a person is doing, or is about to do, something likely to cause grievous bodily harm to, or the death of, another person; and\n- (b) the police officer reasonably suspects the officer can not prevent the grievous bodily harm or death other than in the way authorised under this section.\n- (a) to prevent the continuation or repetition of the offence or the commission of another offence punishable by life imprisonment; or\n- (b) to apprehend the person; or\n- (c) to prevent the escape of a person from arrest or custody; or\n- (d) to prevent the commission of an act mentioned in subsection (2) .","sortOrder":1160},{"sectionNumber":"sec.617","sectionType":"section","heading":"Identification of suspects","content":"### sec.617 Identification of suspects\n\nIt is lawful for a police officer to use 1 or more of the following procedures to help gather evidence of the identity of a person suspected of having committed an offence—\nan identification parade;\na photo board containing at least 12 photos of people of similar appearance, 1 of whom is the person suspected of having committed the offence;\nvideotape;\ncomputer generated images.\nThe police officer must comply with the procedures in the responsibilities code for identification procedures.\nThe police officer may ask a person to take part in an identification parade.\nThe person may refuse to take part in the parade.\nThis section does not limit the procedures a police officer may use to help gather evidence of the identity of a person suspected of having committed an offence.\ns 617 (prev s 275 (orig s 238)) renum 2000 No. 22 s 17\nrenum and reloc 2003 No. 49 s 8\n(sec.617-ssec.1) It is lawful for a police officer to use 1 or more of the following procedures to help gather evidence of the identity of a person suspected of having committed an offence— an identification parade; a photo board containing at least 12 photos of people of similar appearance, 1 of whom is the person suspected of having committed the offence; videotape; computer generated images.\n(sec.617-ssec.2) The police officer must comply with the procedures in the responsibilities code for identification procedures.\n(sec.617-ssec.3) The police officer may ask a person to take part in an identification parade.\n(sec.617-ssec.4) The person may refuse to take part in the parade.\n(sec.617-ssec.5) This section does not limit the procedures a police officer may use to help gather evidence of the identity of a person suspected of having committed an offence.\n- (a) an identification parade;\n- (b) a photo board containing at least 12 photos of people of similar appearance, 1 of whom is the person suspected of having committed the offence;\n- (c) videotape;\n- (d) computer generated images.","sortOrder":1161},{"sectionNumber":"sec.618","sectionType":"section","heading":"Power to examine seized things","content":"### sec.618 Power to examine seized things\n\nTo remove doubt, it is declared that a power to seize a thing under this Act includes and always has included—\npower to examine the thing; and\npower to arrange for someone else to examine the thing.\ns 618 ins 2006 No. 26 s 54\n- (a) power to examine the thing; and\n- (b) power to arrange for someone else to examine the thing.","sortOrder":1162},{"sectionNumber":"sec.619","sectionType":"section","heading":"Extent of power to examine seized things","content":"### sec.619 Extent of power to examine seized things\n\nWithout limiting section 618 , power to examine a thing seized under this Act includes, and always has included, a power to do something that is reasonably necessary for, or as part of, a scientific or other investigative procedure involving the thing, even though doing the thing may damage the thing or destroy it.\nperforming an analysis involving the thing\nmaking an appraisal of the thing\ninspecting the thing\nperusing the thing\nscanning the thing\nsifting the thing\ns 619 ins 2006 No. 26 s 54\n- • performing an analysis involving the thing\n- • making an appraisal of the thing\n- • inspecting the thing\n- • perusing the thing\n- • scanning the thing\n- • sifting the thing","sortOrder":1163},{"sectionNumber":"ch.19A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":1164},{"sectionNumber":"sec.619A","sectionType":"section","heading":null,"content":"### Section sec.619A\n\ns 619A ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1165},{"sectionNumber":"sec.619B","sectionType":"section","heading":null,"content":"### Section sec.619B\n\ns 619B ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1166},{"sectionNumber":"sec.619C","sectionType":"section","heading":null,"content":"### Section sec.619C\n\ns 619C ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1167},{"sectionNumber":"sec.619D","sectionType":"section","heading":null,"content":"### Section sec.619D\n\ns 619D ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1168},{"sectionNumber":"sec.619E","sectionType":"section","heading":null,"content":"### Section sec.619E\n\ns 619E ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1169},{"sectionNumber":"ch.19A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":1170},{"sectionNumber":"sec.619F","sectionType":"section","heading":null,"content":"### Section sec.619F\n\ns 619F ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1171},{"sectionNumber":"sec.619G","sectionType":"section","heading":null,"content":"### Section sec.619G\n\ns 619G ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1172},{"sectionNumber":"sec.619H","sectionType":"section","heading":null,"content":"### Section sec.619H\n\ns 619H ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1173},{"sectionNumber":"sec.619I","sectionType":"section","heading":null,"content":"### Section sec.619I\n\ns 619I ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1174},{"sectionNumber":"ch.19A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":1175},{"sectionNumber":"ch.19A-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1176},{"sectionNumber":"sec.619J","sectionType":"section","heading":null,"content":"### Section sec.619J\n\ns 619J ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1177},{"sectionNumber":"sec.619K","sectionType":"section","heading":null,"content":"### Section sec.619K\n\ns 619K ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1178},{"sectionNumber":"sec.619L","sectionType":"section","heading":null,"content":"### Section sec.619L\n\ns 619L ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1179},{"sectionNumber":"ch.19A-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1180},{"sectionNumber":"sec.619M","sectionType":"section","heading":null,"content":"### Section sec.619M\n\ns 619M ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1181},{"sectionNumber":"sec.619N","sectionType":"section","heading":null,"content":"### Section sec.619N\n\ns 619N ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1182},{"sectionNumber":"sec.619O","sectionType":"section","heading":null,"content":"### Section sec.619O\n\ns 619O ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1183},{"sectionNumber":"ch.19A-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1184},{"sectionNumber":"sec.619P","sectionType":"section","heading":null,"content":"### Section sec.619P\n\ns 619P ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1185},{"sectionNumber":"ch.19A-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":1186},{"sectionNumber":"sec.619Q","sectionType":"section","heading":null,"content":"### Section sec.619Q\n\ns 619Q ins 2017 No. 19 s 4\nexp 22 April 2018 (see s 619Q)","sortOrder":1187},{"sectionNumber":"ch.20-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1188},{"sectionNumber":"sec.620","sectionType":"section","heading":"Chapter does not apply to covert operations","content":"### sec.620 Chapter does not apply to covert operations\n\nThis chapter does not apply to functions of a police officer performed in a covert way, including, for example, anything done under a covert search warrant.\ns 620 (prev s 306) renum 2000 No. 22 s 19","sortOrder":1189},{"sectionNumber":"ch.20-pt.2","sectionType":"part","heading":"Safeguards for things seized","content":"# Safeguards for things seized","sortOrder":1190},{"sectionNumber":"ch.20-pt.2-div.1","sectionType":"division","heading":"Application of part 2","content":"## Application of part 2","sortOrder":1191},{"sectionNumber":"sec.621","sectionType":"section","heading":"Application of pt 2","content":"### sec.621 Application of pt 2\n\nThis part does not apply to a thing seized by a police officer if, under another Act, the thing must be taken before a stated person.\nThe Commissions of Inquiry Act 1950 , section 19A (1) requires property seized under a warrant issued by a commission of inquiry to be taken before the commission.\ns 621 (prev s 307) renum 2000 No. 22 s 19","sortOrder":1192},{"sectionNumber":"ch.20-pt.2-div.2","sectionType":"division","heading":"General safeguards","content":"## General safeguards","sortOrder":1193},{"sectionNumber":"sec.622","sectionType":"section","heading":"Receipt for seized property","content":"### sec.622 Receipt for seized property\n\nThis section applies if—\na police officer seizes anything under this Act or a warrant; or\na protective services officer seizes a proscribed thing under section 556 .\nThe police officer or protective services officer must, as soon as is reasonably practicable after seizing the thing—\nif the person from whom it is seized is present—give or cause to be given to the person a receipt for the thing; or\nif the occupier of the premises is not present—leave a receipt for the thing in a conspicuous place.\nHowever, if a police officer reasonably suspects giving the person the receipt may frustrate or otherwise hinder the investigation or another investigation, the police officer may delay complying with subsection (2) , but only for so long as—\nthe police officer continues to have the reasonable suspicion; and\nthat police officer or another police officer involved in the investigation remains in the vicinity of the place to keep it under observation.\nThe receipt may be for a single thing or for all things seized from the person or the place.\nAlso, the receipt must describe the thing seized and include any other information required under the responsibilities code.\nThis section does not apply if the police officer or protective services officer reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned; or\nthe thing has no value other than as evidence of the commission of an offence.\nblood, saliva, semen, hair, impressions, paint, glass, fibres, ballistic items, fire debris, vehicle identification plates, trace evidence\ns 622 (prev s 308) renum 2000 No. 22 s 19\nsub 2006 No. 26 s 55\namd 2022 No. 9 s 9\n(sec.622-ssec.1) This section applies if— a police officer seizes anything under this Act or a warrant; or a protective services officer seizes a proscribed thing under section 556 .\n(sec.622-ssec.2) The police officer or protective services officer must, as soon as is reasonably practicable after seizing the thing— if the person from whom it is seized is present—give or cause to be given to the person a receipt for the thing; or if the occupier of the premises is not present—leave a receipt for the thing in a conspicuous place.\n(sec.622-ssec.3) However, if a police officer reasonably suspects giving the person the receipt may frustrate or otherwise hinder the investigation or another investigation, the police officer may delay complying with subsection (2) , but only for so long as— the police officer continues to have the reasonable suspicion; and that police officer or another police officer involved in the investigation remains in the vicinity of the place to keep it under observation.\n(sec.622-ssec.4) The receipt may be for a single thing or for all things seized from the person or the place.\n(sec.622-ssec.5) Also, the receipt must describe the thing seized and include any other information required under the responsibilities code.\n(sec.622-ssec.6) This section does not apply if the police officer or protective services officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned; or the thing has no value other than as evidence of the commission of an offence. blood, saliva, semen, hair, impressions, paint, glass, fibres, ballistic items, fire debris, vehicle identification plates, trace evidence\n- (a) a police officer seizes anything under this Act or a warrant; or\n- (b) a protective services officer seizes a proscribed thing under section 556 .\n- (a) if the person from whom it is seized is present—give or cause to be given to the person a receipt for the thing; or\n- (b) if the occupier of the premises is not present—leave a receipt for the thing in a conspicuous place.\n- (a) the police officer continues to have the reasonable suspicion; and\n- (b) that police officer or another police officer involved in the investigation remains in the vicinity of the place to keep it under observation.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned; or\n- (c) the thing has no value other than as evidence of the commission of an offence.","sortOrder":1194},{"sectionNumber":"sec.623","sectionType":"section","heading":"Right to inspect seized documents","content":"### sec.623 Right to inspect seized documents\n\nUnless a justice or coroner otherwise orders, a police officer who seizes a document must allow a person who would be entitled to the document—\nto inspect it at any reasonable time and from time to time; and\nto take extracts from or make copies of it.\nIf a police officer seizes a document under a production order, the officer, if asked by the person to whom the order was addressed, must give the person a copy of the document certified by the officer in writing to be a true copy of the document.\nThe police officer may refuse to comply with subsection (1) or (2) if the officer reasonably suspects complying with the subsection will enable the person to repeat or continue an offence of which the documents are evidence or commit another offence.\ns 623 (prev s 309) renum 2000 No. 22 s 19\namd 2003 No. 13 s 106 sch 1 ; 2006 No. 26 s 3 sch 1\n(sec.623-ssec.1) Unless a justice or coroner otherwise orders, a police officer who seizes a document must allow a person who would be entitled to the document— to inspect it at any reasonable time and from time to time; and to take extracts from or make copies of it.\n(sec.623-ssec.2) If a police officer seizes a document under a production order, the officer, if asked by the person to whom the order was addressed, must give the person a copy of the document certified by the officer in writing to be a true copy of the document.\n(sec.623-ssec.3) The police officer may refuse to comply with subsection (1) or (2) if the officer reasonably suspects complying with the subsection will enable the person to repeat or continue an offence of which the documents are evidence or commit another offence.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) to take extracts from or make copies of it.","sortOrder":1195},{"sectionNumber":"ch.20-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1196},{"sectionNumber":"ch.20-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1197},{"sectionNumber":"ch.20-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":1198},{"sectionNumber":"ch.20-pt.3","sectionType":"part","heading":"Other safeguards","content":"# Other safeguards","sortOrder":1199},{"sectionNumber":"ch.20-pt.3-div.1","sectionType":"division","heading":"General provisions about searches of persons and vehicles","content":"## General provisions about searches of persons and vehicles","sortOrder":1200},{"sectionNumber":"sec.624","sectionType":"section","heading":"General provision about searches of persons","content":"### sec.624 General provision about searches of persons\n\nA police officer searching a person must—\nensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\ntake reasonable care to protect the dignity of the person; and\nunless an immediate and more thorough search of a person is necessary, restrict a search of the person in public to an examination of outer clothing; and\nif a more thorough search of a person is necessary but does not have to be conducted immediately, conduct a more thorough search of the person out of public view, for example, in a room of a shop or, if a police station is nearby, in the police station.\nA more thorough search may be immediately necessary because a police officer reasonably suspects the person to be searched may have a bomb strapped to the person’s body or has a concealed firearm or knife.\ns 624 (prev s 318) renum 2000 No. 22 s 22\namd 2024 No. 24 ss 41 , 57 s ch 1 pt 2\n- (a) ensure, as far as reasonably practicable, the way the person is searched causes minimal embarrassment to the person; and\n- (b) take reasonable care to protect the dignity of the person; and\n- (c) unless an immediate and more thorough search of a person is necessary, restrict a search of the person in public to an examination of outer clothing; and\n- (d) if a more thorough search of a person is necessary but does not have to be conducted immediately, conduct a more thorough search of the person out of public view, for example, in a room of a shop or, if a police station is nearby, in the police station.","sortOrder":1201},{"sectionNumber":"sec.624A","sectionType":"section","heading":"Gender safeguard for searches of persons","content":"### sec.624A Gender safeguard for searches of persons\n\nThis section applies to a search of a person conducted by a police officer.\nThis section does not apply if an immediate search of the person is necessary.\nAn immediate search may be necessary because it is reasonably suspected that the person may have a bomb strapped to the person’s body or a concealed firearm or knife.\nSubject to this section, the person conducting the search must, if reasonably practicable, be of the same gender as the person being searched.\nThe person to be searched must be given—\nan explanation of the search process; and\na reasonable opportunity to express a preference about the gender of the person who is to conduct the search.\nA preference may be expressed in a way that would require different persons to search the upper body, lower body or head of the person.\nA preference must be accommodated unless—\nthere are reasonable grounds to believe the preference is expressed for an improper purpose; or\nit is not reasonably practicable to accommodate the preference.\nAn improper purpose includes the following—\na lewd or otherwise offensive purpose;\nan attempt to frustrate the process.\nIt is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\nThe search or part of the search may be conducted by a different police officer, or under the direction of the police officer by a person who is not a police officer, if reasonably necessary—\nto ensure that the person conducting the search and the person being searched are of the same gender; or\nto accommodate a preference expressed by the person being searched; or\nto address a concern related to gender in a way that minimises embarrassment and offence.\nAlso, the police officer may conduct the search or part of the search despite not being of the same gender as the person being searched if, in the circumstances, that is the most appropriate way to address a concern related to gender.\ns 624A ins 2024 No. 24 s 42\n(sec.624A-ssec.1) This section applies to a search of a person conducted by a police officer.\n(sec.624A-ssec.2) This section does not apply if an immediate search of the person is necessary. An immediate search may be necessary because it is reasonably suspected that the person may have a bomb strapped to the person’s body or a concealed firearm or knife.\n(sec.624A-ssec.3) Subject to this section, the person conducting the search must, if reasonably practicable, be of the same gender as the person being searched.\n(sec.624A-ssec.4) The person to be searched must be given— an explanation of the search process; and a reasonable opportunity to express a preference about the gender of the person who is to conduct the search.\n(sec.624A-ssec.5) A preference may be expressed in a way that would require different persons to search the upper body, lower body or head of the person.\n(sec.624A-ssec.6) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n(sec.624A-ssec.7) The search or part of the search may be conducted by a different police officer, or under the direction of the police officer by a person who is not a police officer, if reasonably necessary— to ensure that the person conducting the search and the person being searched are of the same gender; or to accommodate a preference expressed by the person being searched; or to address a concern related to gender in a way that minimises embarrassment and offence.\n(sec.624A-ssec.8) Also, the police officer may conduct the search or part of the search despite not being of the same gender as the person being searched if, in the circumstances, that is the most appropriate way to address a concern related to gender.\n- (a) an explanation of the search process; and\n- (b) a reasonable opportunity to express a preference about the gender of the person who is to conduct the search.\n- (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or\n- (b) it is not reasonably practicable to accommodate the preference.\n- 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- (a) to ensure that the person conducting the search and the person being searched are of the same gender; or\n- (b) to accommodate a preference expressed by the person being searched; or\n- (c) to address a concern related to gender in a way that minimises embarrassment and offence.","sortOrder":1202},{"sectionNumber":"sec.625","sectionType":"section","heading":"Taking a person to another place for search","content":"### sec.625 Taking a person to another place for search\n\nIf it is impracticable to search for a thing that may be concealed on a person where the person is, the police officer may take the person to a place with adequate facilities for conducting the search.\nTo search a person out of public view and cause minimal embarrassment to the person, a person in a casino may be taken to another room in the casino.\nBefore taking a person to another place for a search because it is impracticable to search for a thing that may be concealed on the person where the person is, the police officer must consider the following—\nwhether the thing sought may be concealed on the person;\nwhether, for an effective search, the search should be conducted somewhere else;\nthe need to protect the dignity of the person.\ns 625 (prev s 319) renum 2000 No. 22 s 22\n(sec.625-ssec.1) If it is impracticable to search for a thing that may be concealed on a person where the person is, the police officer may take the person to a place with adequate facilities for conducting the search. To search a person out of public view and cause minimal embarrassment to the person, a person in a casino may be taken to another room in the casino.\n(sec.625-ssec.2) Before taking a person to another place for a search because it is impracticable to search for a thing that may be concealed on the person where the person is, the police officer must consider the following— whether the thing sought may be concealed on the person; whether, for an effective search, the search should be conducted somewhere else; the need to protect the dignity of the person.\n- (a) whether the thing sought may be concealed on the person;\n- (b) whether, for an effective search, the search should be conducted somewhere else;\n- (c) the need to protect the dignity of the person.","sortOrder":1203},{"sectionNumber":"sec.626","sectionType":"section","heading":"Limitation on period of detention for search","content":"### sec.626 Limitation on period of detention for search\n\nA police officer who detains a person or vehicle for a search must not detain the person or vehicle any longer than is reasonably necessary for the purpose.\ns 626 (prev s 320) renum 2000 No. 22 s 22","sortOrder":1204},{"sectionNumber":"sec.627","sectionType":"section","heading":"General provision about searches of vehicles","content":"### sec.627 General provision about searches of vehicles\n\nThis section deals with the searching of vehicles under this Act.\nBefore deciding to take a vehicle to a place with appropriate facilities for searching it, a police officer must consider whether searching the vehicle somewhere else would be more effective because of the nature and size of a thing sought that may be concealed in the vehicle.\nIf a police officer decides to take a vehicle to a place with appropriate facilities for searching it, the police officer must, if the person apparently in possession of the vehicle is known and present—\ntell the person where the vehicle is to be taken; and\nask the person if the person wants to be present during the search.\nIf a police officer searches an unattended vehicle or anything in it, the police officer must leave a notice in a conspicuous place in or on the vehicle stating—\nthat the vehicle or a stated thing in or on it has been searched; and\nthe police officer’s name, rank and station; and\nthat a record of the search may be obtained from any police station.\nAfter searching an unattended vehicle or anything in it, the police officer must ensure, as far as reasonably practicable, the vehicle is left secured at least to the same extent as it was before the search.\ns 627 (prev s 321) renum 2000 No. 22 s 22\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.627-ssec.1) This section deals with the searching of vehicles under this Act.\n(sec.627-ssec.2) Before deciding to take a vehicle to a place with appropriate facilities for searching it, a police officer must consider whether searching the vehicle somewhere else would be more effective because of the nature and size of a thing sought that may be concealed in the vehicle.\n(sec.627-ssec.3) If a police officer decides to take a vehicle to a place with appropriate facilities for searching it, the police officer must, if the person apparently in possession of the vehicle is known and present— tell the person where the vehicle is to be taken; and ask the person if the person wants to be present during the search.\n(sec.627-ssec.4) If a police officer searches an unattended vehicle or anything in it, the police officer must leave a notice in a conspicuous place in or on the vehicle stating— that the vehicle or a stated thing in or on it has been searched; and the police officer’s name, rank and station; and that a record of the search may be obtained from any police station.\n(sec.627-ssec.5) After searching an unattended vehicle or anything in it, the police officer must ensure, as far as reasonably practicable, the vehicle is left secured at least to the same extent as it was before the search.\n- (a) tell the person where the vehicle is to be taken; and\n- (b) ask the person if the person wants to be present during the search.\n- (a) that the vehicle or a stated thing in or on it has been searched; and\n- (b) the police officer’s name, rank and station; and\n- (c) that a record of the search may be obtained from any police station.","sortOrder":1205},{"sectionNumber":"sec.628","sectionType":"section","heading":"Dealing with persons who obstruct search of person or vehicle","content":"### sec.628 Dealing with persons who obstruct search of person or vehicle\n\nIf a person (the obstructing person ) obstructs a police officer conducting a lawful search of the person, another person or a vehicle, a police officer must, if reasonably practicable—\nwarn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and\ngive the obstructing person a reasonable opportunity to stop obstructing the search.\nIt may not be reasonably practicable for a police officer to comply with subsection (1) if, for example—\nthere is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or\nthere is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or\nan immediate search is necessary to protect the safety of any person.\ns 628 (prev s 322) renum 2000 No. 22 s 22\n(sec.628-ssec.1) If a person (the obstructing person ) obstructs a police officer conducting a lawful search of the person, another person or a vehicle, a police officer must, if reasonably practicable— warn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and give the obstructing person a reasonable opportunity to stop obstructing the search.\n(sec.628-ssec.2) It may not be reasonably practicable for a police officer to comply with subsection (1) if, for example— there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or an immediate search is necessary to protect the safety of any person.\n- (a) warn the obstructing person it is an offence to obstruct a police officer in the performance of the police officer’s duties; and\n- (b) give the obstructing person a reasonable opportunity to stop obstructing the search.\n- (a) there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or\n- (b) there is a reasonable expectation that, if warned, the person may immediately dispose of, or destroy, evidence; or\n- (c) an immediate search is necessary to protect the safety of any person.","sortOrder":1206},{"sectionNumber":"ch.20-pt.3-div.2","sectionType":"division","heading":"Searches involving removal of clothing","content":"## Searches involving removal of clothing","sortOrder":1207},{"sectionNumber":"sec.629","sectionType":"section","heading":"Removal of clothing for search","content":"### sec.629 Removal of clothing for search\n\nA police officer conducting a lawful search of a person under this Act may require a person to remove all items of clothing or all items of outer clothing from the upper or lower part of the body.\ns 629 (prev s 323) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 22\namd 2006 No. 26 s 56 ; 2014 No. 60 s 99","sortOrder":1208},{"sectionNumber":"sec.630","sectionType":"section","heading":"Protecting the dignity of persons during search","content":"### sec.630 Protecting the dignity of persons during search\n\nIf reasonably practicable—\nthe police officer must, before conducting the search—\ntell the person that the person will be required to remove clothing during the search; and\ntell the person why it is necessary to remove the clothing; and\nask for the person’s cooperation; and\nthe person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body.\nThe search must be conducted in a way providing reasonable privacy for the person.\nReasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the person being searched can not be seen by anyone who does not need to be present.\nAlso, the search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished.\nThe police officer conducting the search must not make physical contact with the genital and anal areas of the person searched, but may require the person to hold the person’s arms in the air or to stand with legs apart and bend forward to enable a visual examination to be made.\nIf the police officer seizes clothing because of the search, the police officer must ensure the person is left with or given reasonably appropriate clothing.\nThe clothing may be evidence of the commission of an offence.\ns 630 (prev s 324) renum 2000 No. 22 s 22\namd 2024 No. 24 ss 43 , 57 s ch 1 pt 2\n(sec.630-ssec.1) If reasonably practicable— the police officer must, before conducting the search— tell the person that the person will be required to remove clothing during the search; and tell the person why it is necessary to remove the clothing; and ask for the person’s cooperation; and the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body.\n(sec.630-ssec.2) The search must be conducted in a way providing reasonable privacy for the person. Reasonable privacy may be provided by conducting the search in a way that ensures, as far as reasonably practicable, the person being searched can not be seen by anyone who does not need to be present.\n(sec.630-ssec.3) Also, the search must be conducted as quickly as reasonably practicable and the person searched must be allowed to dress as soon as the search is finished.\n(sec.630-ssec.4) The police officer conducting the search must not make physical contact with the genital and anal areas of the person searched, but may require the person to hold the person’s arms in the air or to stand with legs apart and bend forward to enable a visual examination to be made.\n(sec.630-ssec.5) If the police officer seizes clothing because of the search, the police officer must ensure the person is left with or given reasonably appropriate clothing. The clothing may be evidence of the commission of an offence.\n- (a) the police officer must, before conducting the search— (i) tell the person that the person will be required to remove clothing during the search; and (ii) tell the person why it is necessary to remove the clothing; and (iii) ask for the person’s cooperation; and\n- (i) tell the person that the person will be required to remove clothing during the search; and\n- (ii) tell the person why it is necessary to remove the clothing; and\n- (iii) ask for the person’s cooperation; and\n- (b) the person must be given the opportunity to remain partly clothed during the search, for example, by allowing the person to dress the person’s upper body before being required to remove items of clothing from the lower part of the body.\n- (i) tell the person that the person will be required to remove clothing during the search; and\n- (ii) tell the person why it is necessary to remove the clothing; and\n- (iii) ask for the person’s cooperation; and","sortOrder":1209},{"sectionNumber":"sec.631","sectionType":"section","heading":"Special requirements for searching children and persons with impaired capacity","content":"### sec.631 Special requirements for searching children and persons with impaired capacity\n\nIf a person to be searched is a child, or a person with impaired capacity, who may not be able to understand the purpose of the search, the police officer must conduct the search in the presence of a support person.\nHowever, the police officer may search the person in the absence of a support person if the police officer reasonably suspects—\ndelaying the search is likely to result in evidence being concealed or destroyed; or\nan immediate search is necessary to protect the safety of a person.\ns 631 (prev s 325) renum 2000 No. 22 s 22\n(sec.631-ssec.1) If a person to be searched is a child, or a person with impaired capacity, who may not be able to understand the purpose of the search, the police officer must conduct the search in the presence of a support person.\n(sec.631-ssec.2) However, the police officer may search the person in the absence of a support person if the police officer reasonably suspects— delaying the search is likely to result in evidence being concealed or destroyed; or an immediate search is necessary to protect the safety of a person.\n- (a) delaying the search is likely to result in evidence being concealed or destroyed; or\n- (b) an immediate search is necessary to protect the safety of a person.","sortOrder":1210},{"sectionNumber":"sec.632","sectionType":"section","heading":"If video cameras monitor place where person is searched","content":"### sec.632 If video cameras monitor place where person is searched\n\nIf a video camera monitors the area where the person is searched ( place of search ), the police officer must—\nensure the camera is turned off; or\nconduct the search out of view of the camera.\nHowever, if, for safety or operational reasons, a video camera used to monitor the place of search can not be turned off without turning off a video camera used to monitor another place, the monitor for the video camera for the place of search must, if it is reasonably practicable, be turned off or used to monitor another place while the person is being searched.\nIf the video camera is not turned off, a recording of the search must not be shown to anyone other than—\nthe person searched or the person’s lawyer; or\na doctor treating the person searched; or\na person deciding if a proceeding is to be started against the person for an offence; or\na police officer investigating an offence involving the person; or\na police officer, lawyer, public prosecutor or witness involved in a proceeding against the person; or\na court.\ns 632 (prev s 326) renum 2000 No. 22 s 22\namd 2006 No. 26 s 57 ; 2024 No. 24 ss 44 , 57 sch 1 pt 2\n(sec.632-ssec.1) If a video camera monitors the area where the person is searched ( place of search ), the police officer must— ensure the camera is turned off; or conduct the search out of view of the camera.\n(sec.632-ssec.2) However, if, for safety or operational reasons, a video camera used to monitor the place of search can not be turned off without turning off a video camera used to monitor another place, the monitor for the video camera for the place of search must, if it is reasonably practicable, be turned off or used to monitor another place while the person is being searched.\n(sec.632-ssec.3) If the video camera is not turned off, a recording of the search must not be shown to anyone other than— the person searched or the person’s lawyer; or a doctor treating the person searched; or a person deciding if a proceeding is to be started against the person for an offence; or a police officer investigating an offence involving the person; or a police officer, lawyer, public prosecutor or witness involved in a proceeding against the person; or a court.\n- (a) ensure the camera is turned off; or\n- (b) conduct the search out of view of the camera.\n- (a) the person searched or the person’s lawyer; or\n- (b) a doctor treating the person searched; or\n- (c) a person deciding if a proceeding is to be started against the person for an offence; or\n- (d) a police officer investigating an offence involving the person; or\n- (e) a police officer, lawyer, public prosecutor or witness involved in a proceeding against the person; or\n- (f) a court.","sortOrder":1211},{"sectionNumber":"ch.20-pt.3-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":1212},{"sectionNumber":"sec.633","sectionType":"section","heading":"Safeguards for oral directions or requirements—police officers","content":"### sec.633 Safeguards for oral directions or requirements—police officers\n\nThis section applies if a police officer gives someone an oral direction or makes an oral requirement under this Act.\nIf the person fails to comply with the direction or requirement, a police officer must, if practicable, warn the person—\nit is an offence to fail to comply with the direction or requirement, unless the person has a reasonable excuse; and\nthe person may be arrested for the offence.\nThe police officer must give the person a further reasonable opportunity to comply with the direction or requirement.\ns 633 (prev s 327) renum 2000 No. 22 s 22\namd 2006 No. 26 s 58 ; 2022 No. 9 s 10\n(sec.633-ssec.1) This section applies if a police officer gives someone an oral direction or makes an oral requirement under this Act.\n(sec.633-ssec.2) If the person fails to comply with the direction or requirement, a police officer must, if practicable, warn the person— it is an offence to fail to comply with the direction or requirement, unless the person has a reasonable excuse; and the person may be arrested for the offence.\n(sec.633-ssec.3) The police officer must give the person a further reasonable opportunity to comply with the direction or requirement.\n- (a) it is an offence to fail to comply with the direction or requirement, unless the person has a reasonable excuse; and\n- (b) the person may be arrested for the offence.","sortOrder":1213},{"sectionNumber":"sec.633A","sectionType":"section","heading":"Safeguards for oral directions or requirements—protective services officers","content":"### sec.633A Safeguards for oral directions or requirements—protective services officers\n\nThis section applies if a protective services officer gives someone an oral direction or makes an oral requirement under chapter 19 , part 1 , division 2 .\nIf the person fails to comply with the direction or requirement, a protective services officer must, if practicable, warn the person it is an offence to fail to comply with the direction or requirement, unless the person has a reasonable excuse.\nThe protective services officer must give the person a further reasonable opportunity to comply with the direction or requirement.\ns 633A ins 2022 No. 9 s 11\n(sec.633A-ssec.1) This section applies if a protective services officer gives someone an oral direction or makes an oral requirement under chapter 19 , part 1 , division 2 .\n(sec.633A-ssec.2) If the person fails to comply with the direction or requirement, a protective services officer must, if practicable, warn the person it is an offence to fail to comply with the direction or requirement, unless the person has a reasonable excuse.\n(sec.633A-ssec.3) The protective services officer must give the person a further reasonable opportunity to comply with the direction or requirement.","sortOrder":1214},{"sectionNumber":"sec.634","sectionType":"section","heading":"Safeguards for declared offences under Summary Offences Act 2005","content":"### sec.634 Safeguards for declared offences under Summary Offences Act 2005\n\nThis section applies to an offence under the Summary Offences Act 2005 that is a declared offence for this Act.\nA police officer who suspects a person has committed a declared offence must, if reasonably practicable, give the person a reasonable opportunity to explain—\nif the offence involves the person’s presence at a place—why the person was at the place; or\nif the offence involves entering a place—why the person entered the place; or\nif the offence involves any of the following, why the person did the relevant thing—\nparachuting or hang-gliding onto a building or structure;\nBASE-jumping or hang-gliding from a building or structure;\nclimbing up or down the outside of a building or a structure;\nabseiling from a building or structure; or\nif the offence involves possession of a graffiti instrument or an implement—why the person was in possession of the graffiti instrument or implement at the relevant time; or\nif the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained—how the person came to have possession of the thing.\nIf—\nthe person fails to give an explanation; or\nthe police officer considers the explanation given is not a reasonable explanation; or\nbecause of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation;\nIt may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person’s conduct, for example, the person may be struggling or speaking loudly without stopping.\nthe police officer may start a proceeding against the person for the declared offence.\nIn this section—\ndeclared offence means an offence against section 11 , 12 , 13 (1) , 14 , 15 , 16 or 17 of the Summary Offences Act 2005 .\ns 634 ins 2005 No. 4 s 30 sch 1\n(sec.634-ssec.1) This section applies to an offence under the Summary Offences Act 2005 that is a declared offence for this Act.\n(sec.634-ssec.2) A police officer who suspects a person has committed a declared offence must, if reasonably practicable, give the person a reasonable opportunity to explain— if the offence involves the person’s presence at a place—why the person was at the place; or if the offence involves entering a place—why the person entered the place; or if the offence involves any of the following, why the person did the relevant thing— parachuting or hang-gliding onto a building or structure; BASE-jumping or hang-gliding from a building or structure; climbing up or down the outside of a building or a structure; abseiling from a building or structure; or if the offence involves possession of a graffiti instrument or an implement—why the person was in possession of the graffiti instrument or implement at the relevant time; or if the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained—how the person came to have possession of the thing.\n(sec.634-ssec.3) If— the person fails to give an explanation; or the police officer considers the explanation given is not a reasonable explanation; or because of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation; It may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person’s conduct, for example, the person may be struggling or speaking loudly without stopping. the police officer may start a proceeding against the person for the declared offence.\n(sec.634-ssec.4) In this section— declared offence means an offence against section 11 , 12 , 13 (1) , 14 , 15 , 16 or 17 of the Summary Offences Act 2005 .\n- (a) if the offence involves the person’s presence at a place—why the person was at the place; or\n- (b) if the offence involves entering a place—why the person entered the place; or\n- (c) if the offence involves any of the following, why the person did the relevant thing— (i) parachuting or hang-gliding onto a building or structure; (ii) BASE-jumping or hang-gliding from a building or structure; (iii) climbing up or down the outside of a building or a structure; (iv) abseiling from a building or structure; or\n- (i) parachuting or hang-gliding onto a building or structure;\n- (ii) BASE-jumping or hang-gliding from a building or structure;\n- (iii) climbing up or down the outside of a building or a structure;\n- (iv) abseiling from a building or structure; or\n- (d) if the offence involves possession of a graffiti instrument or an implement—why the person was in possession of the graffiti instrument or implement at the relevant time; or\n- (e) if the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained—how the person came to have possession of the thing.\n- (i) parachuting or hang-gliding onto a building or structure;\n- (ii) BASE-jumping or hang-gliding from a building or structure;\n- (iii) climbing up or down the outside of a building or a structure;\n- (iv) abseiling from a building or structure; or\n- (a) the person fails to give an explanation; or\n- (b) the police officer considers the explanation given is not a reasonable explanation; or\n- (c) because of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation; Example for paragraph (c) — It may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person’s conduct, for example, the person may be struggling or speaking loudly without stopping.","sortOrder":1215},{"sectionNumber":"sec.635","sectionType":"section","heading":"Use of force likely to cause damage to enter places","content":"### sec.635 Use of force likely to cause damage to enter places\n\nThis section applies if a police officer intends to enter a place to arrest or detain someone, or to search a place, or to establish a crime scene.\nBefore the police officer uses force that may cause damage to a place to gain entry to the place, the police officer must, if reasonably practicable—\nask the occupier of the place to allow the police officer to enter the place; and\ngive the occupier a reasonable opportunity to allow the entry.\nIt may not be reasonably practicable for a police officer to comply with subsection (2) if, for example—\nthere is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or\nthere is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or\nan immediate search is necessary to protect the safety of any person.\ns 635 (prev s 328) renum 2000 No. 22 s 22\n(sec.635-ssec.1) This section applies if a police officer intends to enter a place to arrest or detain someone, or to search a place, or to establish a crime scene.\n(sec.635-ssec.2) Before the police officer uses force that may cause damage to a place to gain entry to the place, the police officer must, if reasonably practicable— ask the occupier of the place to allow the police officer to enter the place; and give the occupier a reasonable opportunity to allow the entry.\n(sec.635-ssec.3) It may not be reasonably practicable for a police officer to comply with subsection (2) if, for example— there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or there is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or an immediate search is necessary to protect the safety of any person.\n- (a) ask the occupier of the place to allow the police officer to enter the place; and\n- (b) give the occupier a reasonable opportunity to allow the entry.\n- (a) there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or\n- (b) there is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or\n- (c) an immediate search is necessary to protect the safety of any person.","sortOrder":1216},{"sectionNumber":"sec.636","sectionType":"section","heading":"Giving notice of damage","content":"### sec.636 Giving notice of damage\n\nThis section applies if—\na police officer damages something when exercising a power under this or another Act; or\nan assistant damages something.\nThis section also applies if a protective services officer damages something when exercising a power under chapter 19 , part 1 or another Act.\nThe police officer or protective services officer must promptly give written notice to the person who appears to be the owner of the thing—\nstating the nature of the damage; and\nif the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or assistant’s control—stating the officer’s belief.\nHowever, if the officer reasonably suspects giving the notice may frustrate or otherwise hinder an investigation, the officer may delay giving the notice, but only for so long as—\nthe officer continues to have the reasonable suspicion; and\nthat officer or a police officer involved in the investigation remains in the vicinity of the place.\nIf the owner is not present, the notice must be left in a conspicuous place.\nThis section does not apply—\nto damage the officer reasonably believes is trivial; or\nif the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.\nIn this section—\nowner , of a thing, includes the person in possession of the thing.\ns 636 (prev s 329) renum 2000 No. 22 s 22\namd 2022 No. 9 s 12\n(sec.636-ssec.1) This section applies if— a police officer damages something when exercising a power under this or another Act; or an assistant damages something.\n(sec.636-ssec.2) This section also applies if a protective services officer damages something when exercising a power under chapter 19 , part 1 or another Act.\n(sec.636-ssec.3) The police officer or protective services officer must promptly give written notice to the person who appears to be the owner of the thing— stating the nature of the damage; and if the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or assistant’s control—stating the officer’s belief.\n(sec.636-ssec.4) However, if the officer reasonably suspects giving the notice may frustrate or otherwise hinder an investigation, the officer may delay giving the notice, but only for so long as— the officer continues to have the reasonable suspicion; and that officer or a police officer involved in the investigation remains in the vicinity of the place.\n(sec.636-ssec.5) If the owner is not present, the notice must be left in a conspicuous place.\n(sec.636-ssec.6) This section does not apply— to damage the officer reasonably believes is trivial; or if the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.\n(sec.636-ssec.7) In this section— owner , of a thing, includes the person in possession of the thing.\n- (a) a police officer damages something when exercising a power under this or another Act; or\n- (b) an assistant damages something.\n- (a) stating the nature of the damage; and\n- (b) if the officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or assistant’s control—stating the officer’s belief.\n- (a) the officer continues to have the reasonable suspicion; and\n- (b) that officer or a police officer involved in the investigation remains in the vicinity of the place.\n- (a) to damage the officer reasonably believes is trivial; or\n- (b) if the officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned.","sortOrder":1217},{"sectionNumber":"sec.637","sectionType":"section","heading":"Supplying police officer’s details","content":"### sec.637 Supplying police officer’s details\n\nThis section applies if a police officer—\nsearches or arrests a person; or\nsearches a vehicle; or\nsearches a place, other than a public place; or\nseizes any property; or\nstops or detains a person or vehicle; or\nrequires a person to state the person’s name and address; or\ngives to a person a direction under section 48 or 177 ; or\nenters a place to make an inquiry or investigation or to serve a document; or\nexercises a power as a public official.\nThe police officer must, as soon as reasonably practicable, inform the person the subject of the power of the following—\nif the police officer is not in uniform—\nthat the officer is a police officer; and\nthe officer’s name, rank and station;\nif the police officer is in uniform—the officer’s name, rank and station.\nIf the police officer is not in uniform, the police officer must also produce for inspection the officer’s identity card.\nIf the police officer is searching a person, vehicle or place, other than under a search warrant, the police officer must state the purpose of the search and the reason for seizing any property.\nIf 2 or more police officers are searching the vehicle or place, only the senior police officer present is required to comply with subsections (2) to (4) .\nHowever, if a person asks another police officer for the information mentioned in subsection (2) or to produce an identity card, the police officer must give to the person the information requested or produce the identity card.\ns 637 (prev s 330) renum 2000 No. 22 s 22\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.637-ssec.1) This section applies if a police officer— searches or arrests a person; or searches a vehicle; or searches a place, other than a public place; or seizes any property; or stops or detains a person or vehicle; or requires a person to state the person’s name and address; or gives to a person a direction under section 48 or 177 ; or enters a place to make an inquiry or investigation or to serve a document; or exercises a power as a public official.\n(sec.637-ssec.2) The police officer must, as soon as reasonably practicable, inform the person the subject of the power of the following— if the police officer is not in uniform— that the officer is a police officer; and the officer’s name, rank and station; if the police officer is in uniform—the officer’s name, rank and station.\n(sec.637-ssec.3) If the police officer is not in uniform, the police officer must also produce for inspection the officer’s identity card.\n(sec.637-ssec.4) If the police officer is searching a person, vehicle or place, other than under a search warrant, the police officer must state the purpose of the search and the reason for seizing any property.\n(sec.637-ssec.5) If 2 or more police officers are searching the vehicle or place, only the senior police officer present is required to comply with subsections (2) to (4) .\n(sec.637-ssec.6) However, if a person asks another police officer for the information mentioned in subsection (2) or to produce an identity card, the police officer must give to the person the information requested or produce the identity card.\n- (a) searches or arrests a person; or\n- (b) searches a vehicle; or\n- (c) searches a place, other than a public place; or\n- (d) seizes any property; or\n- (e) stops or detains a person or vehicle; or\n- (f) requires a person to state the person’s name and address; or\n- (g) gives to a person a direction under section 48 or 177 ; or\n- (h) enters a place to make an inquiry or investigation or to serve a document; or\n- (i) exercises a power as a public official.\n- (a) if the police officer is not in uniform— (i) that the officer is a police officer; and (ii) the officer’s name, rank and station;\n- (i) that the officer is a police officer; and\n- (ii) the officer’s name, rank and station;\n- (b) if the police officer is in uniform—the officer’s name, rank and station.\n- (i) that the officer is a police officer; and\n- (ii) the officer’s name, rank and station;","sortOrder":1218},{"sectionNumber":"sec.638","sectionType":"section","heading":"Record of execution of warrant or order","content":"### sec.638 Record of execution of warrant or order\n\nA police officer who executes a warrant or order must, if reasonably practicable, write the following on the back of the original warrant or order, or the written form of warrant or order and sign the document—\nthe day and time of execution;\nthe name of the person on whom it was executed;\nif supplied—the name of the occupier of the place;\nthe name, rank, registered number, if any, and station of the police officer.\ns 638 (prev s 331) renum 2000 No. 22 s 22\n- (a) the day and time of execution;\n- (b) the name of the person on whom it was executed;\n- (c) if supplied—the name of the occupier of the place;\n- (d) the name, rank, registered number, if any, and station of the police officer.","sortOrder":1219},{"sectionNumber":"ch.21-pt.1","sectionType":"part","heading":"Watch-houses","content":"# Watch-houses","sortOrder":1220},{"sectionNumber":"ch.21-pt.1-div.1","sectionType":"division","heading":"Persons in custody at watch-houses","content":"## Persons in custody at watch-houses","sortOrder":1221},{"sectionNumber":"sec.639","sectionType":"section","heading":"Control of persons in watch-houses","content":"### sec.639 Control of persons in watch-houses\n\nA watch-house manager may give or cause to be given to a person in custody in the watch-house any reasonably necessary directions, or take or cause to be taken any reasonably necessary steps, for ensuring the good management and control of the watch-house.\nThe manager may direct a person in custody to move from 1 cell to another because the person is causing disruption to others or for the safety of others.\nThe manager may physically remove a person from 1 cell to another if the person fails to comply with a direction.\ns 639 (prev s 332) renum 2000 No. 22 s 22\n- 1 The manager may direct a person in custody to move from 1 cell to another because the person is causing disruption to others or for the safety of others.\n- 2 The manager may physically remove a person from 1 cell to another if the person fails to comply with a direction.","sortOrder":1222},{"sectionNumber":"sec.640","sectionType":"section","heading":"Transfer of persons in watch-houses","content":"### sec.640 Transfer of persons in watch-houses\n\nA watch-house manager may transfer a person in custody in a watch-house from the watch-house—\nto another watch-house; or\nto a holding cell at a police station; or\nto a court cell; or\nto another place at which the person may receive treatment necessary for the person’s welfare; or\nto a corrective services facility; or\ninto the custody of a police officer for the purposes of chapter 15 .\nA person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody.\nA person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment.\nA failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1) (a) or (b) does not affect the validity of the decision to transfer the child.\nFor the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) (a) and (b) has effect in relation to the transfer of a child—\ndespite being incompatible with human rights; and\ndespite anything else in the Human Rights Act 2019 .\nThis subsection and subsections (3) and (5) expire on 31 December 2026.\nA regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026.\ns 640 (prev s 333) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 22\namd 2000 No. 63 s 276 sch 2 ; 2006 No. 26 s 60 ; 2019 No. 38 s 79 ; 2023 No. 21 s 50M\n(3)–(5) exp 31 December 2026 (see s 640(4))\n(sec.640-ssec.1) A watch-house manager may transfer a person in custody in a watch-house from the watch-house— to another watch-house; or to a holding cell at a police station; or to a court cell; or to another place at which the person may receive treatment necessary for the person’s welfare; or to a corrective services facility; or into the custody of a police officer for the purposes of chapter 15 . A person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody. A person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment.\n(sec.640-ssec.2) A failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1) (a) or (b) does not affect the validity of the decision to transfer the child.\n(sec.640-ssec.3) For the purposes of the Human Rights Act 2019 , section 43 (1) , it is declared that subsection (1) (a) and (b) has effect in relation to the transfer of a child— despite being incompatible with human rights; and despite anything else in the Human Rights Act 2019 .\n(sec.640-ssec.4) This subsection and subsections (3) and (5) expire on 31 December 2026.\n(sec.640-ssec.5) A regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026.\n- (a) to another watch-house; or\n- (b) to a holding cell at a police station; or\n- (c) to a court cell; or\n- (d) to another place at which the person may receive treatment necessary for the person’s welfare; or\n- (e) to a corrective services facility; or\n- (f) into the custody of a police officer for the purposes of chapter 15 .\n- 1 A person may be transferred from the watch-house at Holland Park to the Brisbane City watch-house because there are not enough cells or staff available at Holland Park to provide proper security at the watch-house or care for persons in custody.\n- 2 A person held in custody at a watch-house may be transferred to a hospital to receive necessary medical treatment.\n- (a) despite being incompatible with human rights; and\n- (b) despite anything else in the Human Rights Act 2019 .","sortOrder":1223},{"sectionNumber":"ch.21-pt.1-div.2","sectionType":"division","heading":"Watch-house officer’s functions and powers","content":"## Watch-house officer’s functions and powers","sortOrder":1224},{"sectionNumber":"sec.641","sectionType":"section","heading":"Functions of watch-house officers","content":"### sec.641 Functions of watch-house officers\n\nA watch-house officer has the functions and powers conferred on a watch-house officer by this Act.\nSubsection (1) applies subject to any directions of the commissioner or the watch-house manager for the watch-house and the terms of the person’s appointment that are consistent with any Act applicable to a watch-house officer.\nTo remove doubt, it is declared that a watch-house officer is not taken to be a police officer merely because the watch-house officer has, under this chapter, some of the same functions and powers as a police officer.\nAlso, this division does not limit the powers of a police officer to do something a police officer may otherwise do under this Act in relation to a person in custody at a watch-house.\ns 641 ins 2006 No. 26 s 61\n(sec.641-ssec.1) A watch-house officer has the functions and powers conferred on a watch-house officer by this Act.\n(sec.641-ssec.2) Subsection (1) applies subject to any directions of the commissioner or the watch-house manager for the watch-house and the terms of the person’s appointment that are consistent with any Act applicable to a watch-house officer.\n(sec.641-ssec.3) To remove doubt, it is declared that a watch-house officer is not taken to be a police officer merely because the watch-house officer has, under this chapter, some of the same functions and powers as a police officer.\n(sec.641-ssec.4) Also, this division does not limit the powers of a police officer to do something a police officer may otherwise do under this Act in relation to a person in custody at a watch-house.","sortOrder":1225},{"sectionNumber":"sec.642","sectionType":"section","heading":"Power to require reasons for entry to watch-houses","content":"### sec.642 Power to require reasons for entry to watch-houses\n\nA watch-house officer may require an entrant to a watch-house to state the entrant’s reason for being in, or about to enter, the watch-house.\ns 642 ins 2006 No. 26 s 61","sortOrder":1226},{"sectionNumber":"sec.643","sectionType":"section","heading":"Use of electronic screening devices in watch-houses","content":"### sec.643 Use of electronic screening devices in watch-houses\n\nThis section applies if the system for the security of a watch-house involves the use of 1 or more of the following electronic screening devices—\na walk-through detector;\nan X-ray machine;\na hand held scanner.\nA watch-house officer may ask the entrant to do 1 or more of the following—\nto walk through a walk-through detector;\nto pass the entrant’s belongings through an X-ray machine;\nto allow the watch-house officer to pass a hand held scanner in close proximity to the entrant;\nto allow the watch-house officer to pass a hand held scanner in close proximity to the entrant’s belongings.\ns 643 ins 2006 No. 26 s 61\n(sec.643-ssec.1) This section applies if the system for the security of a watch-house involves the use of 1 or more of the following electronic screening devices— a walk-through detector; an X-ray machine; a hand held scanner.\n(sec.643-ssec.2) A watch-house officer may ask the entrant to do 1 or more of the following— to walk through a walk-through detector; to pass the entrant’s belongings through an X-ray machine; to allow the watch-house officer to pass a hand held scanner in close proximity to the entrant; to allow the watch-house officer to pass a hand held scanner in close proximity to the entrant’s belongings.\n- (a) a walk-through detector;\n- (b) an X-ray machine;\n- (c) a hand held scanner.\n- (a) to walk through a walk-through detector;\n- (b) to pass the entrant’s belongings through an X-ray machine;\n- (c) to allow the watch-house officer to pass a hand held scanner in close proximity to the entrant;\n- (d) to allow the watch-house officer to pass a hand held scanner in close proximity to the entrant’s belongings.","sortOrder":1227},{"sectionNumber":"sec.644","sectionType":"section","heading":"Watch-house officer may ask entrant to remove outer garment etc.","content":"### sec.644 Watch-house officer may ask entrant to remove outer garment etc.\n\nThis section applies if—\na watch-house officer reasonably considers it necessary to make a request under subsection (2) in relation to an entrant or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and\nthe watch-house officer tells the entrant the reasons for making the request.\nThe watch-house officer may ask the person to do 1 or more of the following—\nallow the watch-house officer to inspect the entrant’s belongings;\nremove 1 or more outer garments worn by the entrant as stated by the watch-house officer and allow the watch-house officer to inspect the garments;\nremove all articles from the entrant’s clothing and allow the watch-house officer to inspect them;\nopen an article for inspection and allow the watch-house officer to inspect it;\nallow the watch-house officer, or another adult assisting the officer, to touch the garments the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings;\nopen a vehicle or a part of it for inspection and allow the watch-house officer to inspect it;\nremove an article from the vehicle as specified by the watch-house officer and allow the watch-house officer to inspect it.\nIn this section—\ninspect , an article, includes handle the article, open it and examine its contents.\ns 644 ins 2006 No. 26 s 61\namd 2024 No. 24 s 45\n(sec.644-ssec.1) This section applies if— a watch-house officer reasonably considers it necessary to make a request under subsection (2) in relation to an entrant or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and the watch-house officer tells the entrant the reasons for making the request.\n(sec.644-ssec.2) The watch-house officer may ask the person to do 1 or more of the following— allow the watch-house officer to inspect the entrant’s belongings; remove 1 or more outer garments worn by the entrant as stated by the watch-house officer and allow the watch-house officer to inspect the garments; remove all articles from the entrant’s clothing and allow the watch-house officer to inspect them; open an article for inspection and allow the watch-house officer to inspect it; allow the watch-house officer, or another adult assisting the officer, to touch the garments the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings; open a vehicle or a part of it for inspection and allow the watch-house officer to inspect it; remove an article from the vehicle as specified by the watch-house officer and allow the watch-house officer to inspect it.\n(sec.644-ssec.3) In this section— inspect , an article, includes handle the article, open it and examine its contents.\n- (a) a watch-house officer reasonably considers it necessary to make a request under subsection (2) in relation to an entrant or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and\n- (b) the watch-house officer tells the entrant the reasons for making the request.\n- (a) allow the watch-house officer to inspect the entrant’s belongings;\n- (b) remove 1 or more outer garments worn by the entrant as stated by the watch-house officer and allow the watch-house officer to inspect the garments;\n- (c) remove all articles from the entrant’s clothing and allow the watch-house officer to inspect them;\n- (d) open an article for inspection and allow the watch-house officer to inspect it;\n- (e) allow the watch-house officer, or another adult assisting the officer, to touch the garments the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings;\n- (f) open a vehicle or a part of it for inspection and allow the watch-house officer to inspect it;\n- (g) remove an article from the vehicle as specified by the watch-house officer and allow the watch-house officer to inspect it.","sortOrder":1228},{"sectionNumber":"sec.644A","sectionType":"section","heading":"Gender safeguard for inspection of entrant’s belongings","content":"### sec.644A Gender safeguard for inspection of entrant’s belongings\n\nThis section applies if, under section 644 (2) (e) , a watch-house officer asks an entrant to allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings.\nSubject to this section, the person touching the garment must, if reasonably practicable, be of the same gender as the entrant.\nThe entrant must be given—\nan explanation of the inspection process; and\na reasonable opportunity to express a preference about the gender of the person who is to touch the garment.\nA preference may be expressed in a way that would require different persons to touch a garment on the upper body, lower body or head of the person.\nA preference must be accommodated unless—\nthere are reasonable grounds to believe the preference is expressed for an improper purpose; or\nit is not reasonably practicable to accommodate the preference.\nAn improper purpose includes the following—\na lewd or otherwise offensive purpose;\nan attempt to frustrate the process.\nIt is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\nWithout limiting the power under section 644 (2) (e) for an adult to assist the officer, the officer may ask an adult to assist if reasonably necessary—\nto ensure that the person touching the garment and the entrant are of the same gender; or\nto accommodate a preference expressed by the entrant; or\nto address a concern related to gender in a way that minimises embarrassment and offence.\nAlso, the officer may touch the garment despite the officer not being of the same gender as the entrant if, in the circumstances, that is the most appropriate way to address a concern related to gender.\ns 644A ins 2024 No. 24 s 46\n(sec.644A-ssec.1) This section applies if, under section 644 (2) (e) , a watch-house officer asks an entrant to allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings.\n(sec.644A-ssec.2) Subject to this section, the person touching the garment must, if reasonably practicable, be of the same gender as the entrant.\n(sec.644A-ssec.3) The entrant must be given— an explanation of the inspection process; and a reasonable opportunity to express a preference about the gender of the person who is to touch the garment.\n(sec.644A-ssec.4) A preference may be expressed in a way that would require different persons to touch a garment on the upper body, lower body or head of the person.\n(sec.644A-ssec.5) A preference must be accommodated unless— there are reasonable grounds to believe the preference is expressed for an improper purpose; or it is not reasonably practicable to accommodate the preference. An improper purpose includes the following— a lewd or otherwise offensive purpose; an attempt to frustrate the process. It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n(sec.644A-ssec.6) Without limiting the power under section 644 (2) (e) for an adult to assist the officer, the officer may ask an adult to assist if reasonably necessary— to ensure that the person touching the garment and the entrant are of the same gender; or to accommodate a preference expressed by the entrant; or to address a concern related to gender in a way that minimises embarrassment and offence.\n(sec.644A-ssec.7) Also, the officer may touch the garment despite the officer not being of the same gender as the entrant if, in the circumstances, that is the most appropriate way to address a concern related to gender.\n- (a) an explanation of the inspection process; and\n- (b) a reasonable opportunity to express a preference about the gender of the person who is to touch the garment.\n- (a) there are reasonable grounds to believe the preference is expressed for an improper purpose; or\n- (b) it is not reasonably practicable to accommodate the preference.\n- 1 An improper purpose includes the following— • a lewd or otherwise offensive purpose; • an attempt to frustrate the process.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- 2 It is expected that it will be reasonably practicable to accommodate a genuine preference expressed in terms of a preference for a man or a woman. In other cases, the availability of a suitable person may be a determining factor.\n- • a lewd or otherwise offensive purpose;\n- • an attempt to frustrate the process.\n- (a) to ensure that the person touching the garment and the entrant are of the same gender; or\n- (b) to accommodate a preference expressed by the entrant; or\n- (c) to address a concern related to gender in a way that minimises embarrassment and offence.","sortOrder":1229},{"sectionNumber":"sec.645","sectionType":"section","heading":"Direction by watch-house officer to leave watch-house","content":"### sec.645 Direction by watch-house officer to leave watch-house\n\nA watch-house officer may direct an entrant to leave a watch-house immediately, and to take the entrant’s belongings out of the watch-house, if the entrant fails—\nto state the person’s reasons for being in or about to enter the watch-house; or\nto allow a watch-house officer to exercise a power under section 643 or 644 .\ns 645 ins 2006 No. 26 s 61\n- (a) to state the person’s reasons for being in or about to enter the watch-house; or\n- (b) to allow a watch-house officer to exercise a power under section 643 or 644 .","sortOrder":1230},{"sectionNumber":"sec.646","sectionType":"section","heading":"Seizure of proscribed things","content":"### sec.646 Seizure of proscribed things\n\nA watch-house officer may seize a proscribed thing found in the possession of a person in a watch-house, unless the person is lawfully in possession of it in the course of the person’s trade, business or calling.\ns 646 ins 2006 No. 26 s 61","sortOrder":1231},{"sectionNumber":"sec.647","sectionType":"section","heading":"Refusal of entry to and removal from watch-house","content":"### sec.647 Refusal of entry to and removal from watch-house\n\nThis section applies if a person fails to comply with a request made or a direction given under this subdivision or fails to satisfy a watch-house officer that the person has a good and lawful reason to be in a particular watch-house.\nIf the person is in the watch-house, the watch-house officer may remove the person from the watch-house.\nIf the person is about to enter the watch-house, the watch-house officer may prevent the person from entering the watch-house.\ns 647 ins 2006 No. 26 s 61\n(sec.647-ssec.1) This section applies if a person fails to comply with a request made or a direction given under this subdivision or fails to satisfy a watch-house officer that the person has a good and lawful reason to be in a particular watch-house.\n(sec.647-ssec.2) If the person is in the watch-house, the watch-house officer may remove the person from the watch-house.\n(sec.647-ssec.3) If the person is about to enter the watch-house, the watch-house officer may prevent the person from entering the watch-house.","sortOrder":1232},{"sectionNumber":"sec.648","sectionType":"section","heading":"Watch-house officer may require person to state name and address","content":"### sec.648 Watch-house officer may require person to state name and address\n\nSection 40 , to the extent it applies to prescribed circumstances mentioned in section 41 that are circumstances in which a police officer may exercise a power under this Act in relation to a person at a watch-house applies to a watch-house officer in the same way as it applies to a police officer.\nFor section 40 , a reference in section 41 to a police officer includes a reference to a watch-house officer.\ns 648 ins 2006 No. 26 s 61\n(sec.648-ssec.1) Section 40 , to the extent it applies to prescribed circumstances mentioned in section 41 that are circumstances in which a police officer may exercise a power under this Act in relation to a person at a watch-house applies to a watch-house officer in the same way as it applies to a police officer.\n(sec.648-ssec.2) For section 40 , a reference in section 41 to a police officer includes a reference to a watch-house officer.","sortOrder":1233},{"sectionNumber":"sec.649","sectionType":"section","heading":"Watch-house officer may search person in custody at watch-house","content":"### sec.649 Watch-house officer may search person in custody at watch-house\n\nA watch-house officer may search and re-search a person to whom chapter 16 applies if the person is in custody at a watch-house.\nA watch-house officer may seize from the person anything found during the search that the watch-house officer reasonably suspects may provide evidence of the commission of an offence.\nAlso, the watch-house officer may take and retain, while the person is in custody—\nanything that may endanger anyone’s safety, including the person’s safety; or\nanything that may be used for an escape; or\nanything else the watch-house officer reasonably considers should be kept in safe custody while the person is in custody.\ns 649 ins 2006 No. 26 s 61\n(sec.649-ssec.1) A watch-house officer may search and re-search a person to whom chapter 16 applies if the person is in custody at a watch-house.\n(sec.649-ssec.2) A watch-house officer may seize from the person anything found during the search that the watch-house officer reasonably suspects may provide evidence of the commission of an offence.\n(sec.649-ssec.3) Also, the watch-house officer may take and retain, while the person is in custody— anything that may endanger anyone’s safety, including the person’s safety; or anything that may be used for an escape; or anything else the watch-house officer reasonably considers should be kept in safe custody while the person is in custody.\n- (a) anything that may endanger anyone’s safety, including the person’s safety; or\n- (b) anything that may be used for an escape; or\n- (c) anything else the watch-house officer reasonably considers should be kept in safe custody while the person is in custody.","sortOrder":1234},{"sectionNumber":"sec.650","sectionType":"section","heading":"Watch-house officer may take identifying particulars of person at watch-house","content":"### sec.650 Watch-house officer may take identifying particulars of person at watch-house\n\nA provision of chapter 17 that authorises a police officer to take the identifying particulars of a person, generally or in the following circumstances, is taken also to authorise a watch-house officer to take the identifying particulars of a person in those circumstances—\nthe person is in custody at a watch-house;\nthe person reports to the watch-house to enable a police officer to take the person’s identifying particulars under an identifying particulars notice or an order of a court.\nThe provision applies to the watch-house officer in the same way as it applies to a police officer.\nAlso, the watch-house officer is taken to be a qualified person for chapter 17 for taking identifying particulars.\nA provision of this Act that applies to a police officer who is taking the identifying particulars of a person applies to a watch-house officer in the same way as it applies to a police officer.\ns 650 ins 2006 No. 26 s 61\n(sec.650-ssec.1) A provision of chapter 17 that authorises a police officer to take the identifying particulars of a person, generally or in the following circumstances, is taken also to authorise a watch-house officer to take the identifying particulars of a person in those circumstances— the person is in custody at a watch-house; the person reports to the watch-house to enable a police officer to take the person’s identifying particulars under an identifying particulars notice or an order of a court.\n(sec.650-ssec.2) The provision applies to the watch-house officer in the same way as it applies to a police officer.\n(sec.650-ssec.3) Also, the watch-house officer is taken to be a qualified person for chapter 17 for taking identifying particulars.\n(sec.650-ssec.4) A provision of this Act that applies to a police officer who is taking the identifying particulars of a person applies to a watch-house officer in the same way as it applies to a police officer.\n- (a) the person is in custody at a watch-house;\n- (b) the person reports to the watch-house to enable a police officer to take the person’s identifying particulars under an identifying particulars notice or an order of a court.","sortOrder":1235},{"sectionNumber":"sec.651","sectionType":"section","heading":"Commissioner may authorise watch-house officer to take DNA samples of person at watch-house","content":"### sec.651 Commissioner may authorise watch-house officer to take DNA samples of person at watch-house\n\nThis section applies to a watch-house officer only if the commissioner is satisfied the watch-house officer—\nhas the necessary experience or expertise to be able to take DNA samples; or\nhas satisfactorily completed a course of training approved by the commissioner for the purpose.\nThe commissioner may authorise the watch-house officer to take DNA samples from—\na person in custody at a watch-house; or\na person who reports to the watch-house to enable a police officer to take the person’s identifying particulars under an identifying particulars notice or an order of a court.\nAlso, sections 516 and 517 apply to the watch-house officer while performing the functions of a qualified person for taking a DNA sample.\ns 651 ins 2006 No. 26 s 61\n(sec.651-ssec.1) This section applies to a watch-house officer only if the commissioner is satisfied the watch-house officer— has the necessary experience or expertise to be able to take DNA samples; or has satisfactorily completed a course of training approved by the commissioner for the purpose.\n(sec.651-ssec.2) The commissioner may authorise the watch-house officer to take DNA samples from— a person in custody at a watch-house; or a person who reports to the watch-house to enable a police officer to take the person’s identifying particulars under an identifying particulars notice or an order of a court.\n(sec.651-ssec.3) Also, sections 516 and 517 apply to the watch-house officer while performing the functions of a qualified person for taking a DNA sample.\n- (a) has the necessary experience or expertise to be able to take DNA samples; or\n- (b) has satisfactorily completed a course of training approved by the commissioner for the purpose.\n- (a) a person in custody at a watch-house; or\n- (b) a person who reports to the watch-house to enable a police officer to take the person’s identifying particulars under an identifying particulars notice or an order of a court.","sortOrder":1236},{"sectionNumber":"sec.652","sectionType":"section","heading":"Power to use force against individual at watch-house","content":"### sec.652 Power to use force against individual at watch-house\n\nIt is lawful for a watch-house officer exercising or attempting to exercise a power under this Act against a person at a watch-house to use reasonably necessary force to exercise the power.\nAlso, it is lawful for a watch-house officer to use reasonably necessary force to prevent a person in custody at a watch-house from escaping from lawful custody.\nThe force a watch-house officer may use under this section does not include force likely to cause grievous bodily harm to a person or the person’s death.\ns 652 ins 2006 No. 26 s 61\n(sec.652-ssec.1) It is lawful for a watch-house officer exercising or attempting to exercise a power under this Act against a person at a watch-house to use reasonably necessary force to exercise the power.\n(sec.652-ssec.2) Also, it is lawful for a watch-house officer to use reasonably necessary force to prevent a person in custody at a watch-house from escaping from lawful custody.\n(sec.652-ssec.3) The force a watch-house officer may use under this section does not include force likely to cause grievous bodily harm to a person or the person’s death.","sortOrder":1237},{"sectionNumber":"sec.653","sectionType":"section","heading":"Power to use force—transfer etc. of person in custody to or from holding place","content":"### sec.653 Power to use force—transfer etc. of person in custody to or from holding place\n\nIt is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of transferring a person in custody to use reasonably necessary force—\nto transfer a person in custody from a holding place to another holding place; or\nto ensure a person in custody at a court precinct appears before a court and is transferred to a holding place after the appearance, if the person is not otherwise released; or\nto ensure a person in custody does not escape from lawful custody while the person is—\nbeing transferred to a holding place under paragraph (a) or (b) ; or\nbeing held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or\nin a court under paragraph (b) .\nAlso, it is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of escorting a person in custody to use reasonably necessary force—\nto escort a person in custody to a place other than a watch-house to enable the person to receive medical, dental, optical or other health related treatment; and\nto escort a person in custody from a place where the person is taken to receive medical, dental, optical or other health related treatment to the watch-house; and\nto ensure a person in custody does not escape from lawful custody while the person is being escorted to or from the watch-house and while the person is receiving any necessary treatment at the place to which the person is taken under escort.\nThe force a watch-house officer may exercise under this section—\nincludes force that is reasonably necessary—\nto prevent someone else from helping the person in custody escape from lawful custody; and\nto prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and\ndoes not include force likely to cause grievous bodily harm to a person or the person’s death.\nIn this section—\ncourt precinct means any land or building, or the part of any land or building, used for the purposes of a court of the State, including, for example, a court cell.\nholding place means a watch-house, court precinct or corrective services facility.\ns 653 ins 2006 No. 26 s 61\namd 2019 No. 38 s 80\n(sec.653-ssec.1) It is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of transferring a person in custody to use reasonably necessary force— to transfer a person in custody from a holding place to another holding place; or to ensure a person in custody at a court precinct appears before a court and is transferred to a holding place after the appearance, if the person is not otherwise released; or to ensure a person in custody does not escape from lawful custody while the person is— being transferred to a holding place under paragraph (a) or (b) ; or being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or in a court under paragraph (b) .\n(sec.653-ssec.2) Also, it is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of escorting a person in custody to use reasonably necessary force— to escort a person in custody to a place other than a watch-house to enable the person to receive medical, dental, optical or other health related treatment; and to escort a person in custody from a place where the person is taken to receive medical, dental, optical or other health related treatment to the watch-house; and to ensure a person in custody does not escape from lawful custody while the person is being escorted to or from the watch-house and while the person is receiving any necessary treatment at the place to which the person is taken under escort.\n(sec.653-ssec.3) The force a watch-house officer may exercise under this section— includes force that is reasonably necessary— to prevent someone else from helping the person in custody escape from lawful custody; and to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and does not include force likely to cause grievous bodily harm to a person or the person’s death.\n(sec.653-ssec.4) In this section— court precinct means any land or building, or the part of any land or building, used for the purposes of a court of the State, including, for example, a court cell. holding place means a watch-house, court precinct or corrective services facility.\n- (a) to transfer a person in custody from a holding place to another holding place; or\n- (b) to ensure a person in custody at a court precinct appears before a court and is transferred to a holding place after the appearance, if the person is not otherwise released; or\n- (c) to ensure a person in custody does not escape from lawful custody while the person is— (i) being transferred to a holding place under paragraph (a) or (b) ; or (ii) being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or (iii) in a court under paragraph (b) .\n- (i) being transferred to a holding place under paragraph (a) or (b) ; or\n- (ii) being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or\n- (iii) in a court under paragraph (b) .\n- (i) being transferred to a holding place under paragraph (a) or (b) ; or\n- (ii) being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or\n- (iii) in a court under paragraph (b) .\n- (a) to escort a person in custody to a place other than a watch-house to enable the person to receive medical, dental, optical or other health related treatment; and\n- (b) to escort a person in custody from a place where the person is taken to receive medical, dental, optical or other health related treatment to the watch-house; and\n- (c) to ensure a person in custody does not escape from lawful custody while the person is being escorted to or from the watch-house and while the person is receiving any necessary treatment at the place to which the person is taken under escort.\n- (a) includes force that is reasonably necessary— (i) to prevent someone else from helping the person in custody escape from lawful custody; and (ii) to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and\n- (i) to prevent someone else from helping the person in custody escape from lawful custody; and\n- (ii) to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and\n- (b) does not include force likely to cause grievous bodily harm to a person or the person’s death.\n- (i) to prevent someone else from helping the person in custody escape from lawful custody; and\n- (ii) to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and","sortOrder":1238},{"sectionNumber":"sec.654","sectionType":"section","heading":"Search of persons","content":"### sec.654 Search of persons\n\nThe provisions of this Act applying to a search by a police officer of a person in custody, including the power to seize anything found during the search, apply, with necessary changes, to the search by a watch-house officer of a person in custody at a watch-house in the exercise of a power under this part.\ns 654 ins 2006 No. 26 s 61","sortOrder":1239},{"sectionNumber":"sec.655","sectionType":"section","heading":"Property seized during search etc.","content":"### sec.655 Property seized during search etc.\n\nThis section applies in relation to property seized by a watch-house officer at a watch-house, whether under section 646 or because of a search of a person in custody ( seized property ).\nThe provisions of this Act stating the responsibilities of a police officer in relation to seized property apply, with necessary changes, to the watch-house officer who seized the property.\ns 655 ins 2006 No. 26 s 61\n(sec.655-ssec.1) This section applies in relation to property seized by a watch-house officer at a watch-house, whether under section 646 or because of a search of a person in custody ( seized property ).\n(sec.655-ssec.2) The provisions of this Act stating the responsibilities of a police officer in relation to seized property apply, with necessary changes, to the watch-house officer who seized the property.","sortOrder":1240},{"sectionNumber":"sec.655A","sectionType":"section","heading":"Offence to assault or obstruct watch-house officer","content":"### sec.655A Offence to assault or obstruct watch-house officer\n\nA person must not—\nassault a watch-house officer in the performance of the officer’s duties; or\nobstruct a watch-house officer in the performance of the officer’s duties.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\nobstruct includes hinder, resist and attempt to obstruct.\ns 655A ins 2018 No. 20 s 33\n(sec.655A-ssec.1) A person must not— assault a watch-house officer in the performance of the officer’s duties; or obstruct a watch-house officer in the performance of the officer’s duties. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.655A-ssec.2) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist and attempt to obstruct.\n- (a) assault a watch-house officer in the performance of the officer’s duties; or\n- (b) obstruct a watch-house officer in the performance of the officer’s duties.","sortOrder":1241},{"sectionNumber":"sec.656","sectionType":"section","heading":"Giving directions and making requirements","content":"### sec.656 Giving directions and making requirements\n\nThis section applies if a watch-house officer who is exercising a power of a police officer because of this part in relation to an entrant to a watch-house or a person in custody at a watch-house—\ngives the person a direction; or\nmake a requirement of the person.\nThe person must comply with the direction or requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nSection 633 applies to the giving of a direction or the making of the requirement in the same way as it applies to a police officer when giving an oral direction or making an oral requirement.\ns 656 ins 2006 No. 26 s 61\n(sec.656-ssec.1) This section applies if a watch-house officer who is exercising a power of a police officer because of this part in relation to an entrant to a watch-house or a person in custody at a watch-house— gives the person a direction; or make a requirement of the person.\n(sec.656-ssec.2) The person must comply with the direction or requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.656-ssec.3) Section 633 applies to the giving of a direction or the making of the requirement in the same way as it applies to a police officer when giving an oral direction or making an oral requirement.\n- (a) gives the person a direction; or\n- (b) make a requirement of the person.","sortOrder":1242},{"sectionNumber":"sec.657","sectionType":"section","heading":"Making entries in registers","content":"### sec.657 Making entries in registers\n\nThis section applies if—\na watch-house officer does something under this part; and\nthe act were done by a police officer, the act would be an enforcement act that the police officer would have to enter in the register of enforcement acts under part 2 .\nThe watch-house officer must make the entry.\ns 657 ins 2006 No. 26 s 61\n(sec.657-ssec.1) This section applies if— a watch-house officer does something under this part; and the act were done by a police officer, the act would be an enforcement act that the police officer would have to enter in the register of enforcement acts under part 2 .\n(sec.657-ssec.2) The watch-house officer must make the entry.\n- (a) a watch-house officer does something under this part; and\n- (b) the act were done by a police officer, the act would be an enforcement act that the police officer would have to enter in the register of enforcement acts under part 2 .","sortOrder":1243},{"sectionNumber":"sec.658","sectionType":"section","heading":"Responsibilities code","content":"### sec.658 Responsibilities code\n\nIf a provision of the responsibilities code applies to a police officer in relation to a function or power also conferred on a watch-house officer under this part, the provision also applies, with necessary changes, to the watch-house officer in relation to the function or power.\ns 658 ins 2006 No. 26 s 61","sortOrder":1244},{"sectionNumber":"sec.659","sectionType":"section","heading":"Custody continues while person in custody is being transferred or escorted by watch-house officer","content":"### sec.659 Custody continues while person in custody is being transferred or escorted by watch-house officer\n\nTo remove doubt, it is declared that a person in the custody of a watch-house manager at a watch-house does not stop being in custody of the watch-house manager only because—\nthe person is being transferred by a watch-house officer to or from a holding place under section 653 (1) ; or\nthe person is being escorted by a watch-house officer to or from a place other than a watch-house including, but not limited to, for receiving necessary health care.\ns 659 ins 2006 No. 26 s 61\namd 2019 No. 38 s 81\n- (a) the person is being transferred by a watch-house officer to or from a holding place under section 653 (1) ; or\n- (b) the person is being escorted by a watch-house officer to or from a place other than a watch-house including, but not limited to, for receiving necessary health care.","sortOrder":1245},{"sectionNumber":"ch.21-pt.2","sectionType":"part","heading":"Registers","content":"# Registers","sortOrder":1246},{"sectionNumber":"ch.21-pt.2-div.1","sectionType":"division","heading":"Application and purpose","content":"## Application and purpose","sortOrder":1247},{"sectionNumber":"sec.660","sectionType":"section","heading":"Application of pt 2","content":"### sec.660 Application of pt 2\n\nThis part applies to covert acts and enforcement acts done by a police officer for the CCC, the ACC or the police service.\nAlso, this part applies to covert acts and enforcement acts done by a police officer at the request of a declared agency other than the CCC.\nHowever, divisions 2 and 3 do not apply to covert acts and enforcement acts done by a police officer performing a function for the ACC.\ns 660 (prev s 334) renum 2000 No. 22 s 22\namd 2001 No. 69 s 378 sch 1 ; 2003 No. 83 s 68 sch 1 ; 2005 No. 45 s 3 sch 1 ; 2014 No. 21 s 94 (2) sch 2\n(sec.660-ssec.1) This part applies to covert acts and enforcement acts done by a police officer for the CCC, the ACC or the police service.\n(sec.660-ssec.2) Also, this part applies to covert acts and enforcement acts done by a police officer at the request of a declared agency other than the CCC.\n(sec.660-ssec.3) However, divisions 2 and 3 do not apply to covert acts and enforcement acts done by a police officer performing a function for the ACC.","sortOrder":1248},{"sectionNumber":"sec.661","sectionType":"section","heading":"Purpose and explanation of pt 2","content":"### sec.661 Purpose and explanation of pt 2\n\nThe purpose of this part is—\nto establish who is responsible for keeping registers under this Act and recording information in them; and\nto ensure, as far as possible, police officers record information about covert acts and enforcement acts in the correct register; and\nto state who may inspect each register.\nPolice officers sometimes do covert acts and enforcement acts for declared agencies but do not stop being police officers only because the act is not done for the police service.\nIn some cases, these acts are done as part of a joint operation involving 2 or more declared agencies.\nIf this part applies to a declared agency, the agency must ensure information about the acts is recorded in a register as required under this part.\nThis part also provides a mechanism for ensuring information incorrectly recorded in a particular register is removed from the register and recorded in the relevant register.\ns 661 (prev s 335) renum 2000 No. 22 s 22\namd 2005 No. 45 s 3 sch 1\n(sec.661-ssec.1) The purpose of this part is— to establish who is responsible for keeping registers under this Act and recording information in them; and to ensure, as far as possible, police officers record information about covert acts and enforcement acts in the correct register; and to state who may inspect each register.\n(sec.661-ssec.2) Police officers sometimes do covert acts and enforcement acts for declared agencies but do not stop being police officers only because the act is not done for the police service.\n(sec.661-ssec.3) In some cases, these acts are done as part of a joint operation involving 2 or more declared agencies.\n(sec.661-ssec.4) If this part applies to a declared agency, the agency must ensure information about the acts is recorded in a register as required under this part.\n(sec.661-ssec.5) This part also provides a mechanism for ensuring information incorrectly recorded in a particular register is removed from the register and recorded in the relevant register.\n- (a) to establish who is responsible for keeping registers under this Act and recording information in them; and\n- (b) to ensure, as far as possible, police officers record information about covert acts and enforcement acts in the correct register; and\n- (c) to state who may inspect each register.","sortOrder":1249},{"sectionNumber":"ch.21-pt.2-div.2","sectionType":"division","heading":"Register of covert acts","content":"## Register of covert acts","sortOrder":1250},{"sectionNumber":"sec.662","sectionType":"section","heading":"Application of div 2","content":"### sec.662 Application of div 2\n\nThis division applies to covert acts.\ns 662 (prev s 336) renum 2000 No. 22 s 22\namd 2005 No. 45 s 16","sortOrder":1251},{"sectionNumber":"sec.663","sectionType":"section","heading":"Public Records Act 2023 does not apply to this division","content":"### sec.663 Public Records Act 2023 does not apply to this division\n\nThe Public Records Act 2023 does not apply to information kept in a register under this division.\ns 663 (prev s 337) amd 2000 No. 22 s 23 (1)\nrenum 2000 No. 22 s 23 (2)\nsub 2009 No. 13 s 213 sch 5\namd 2023 No. 33 s 107 sch 5","sortOrder":1252},{"sectionNumber":"sec.664","sectionType":"section","heading":"Register of covert acts","content":"### sec.664 Register of covert acts\n\nThe CCC and the police service must keep a register of covert acts.\nThe register may form part of another register whether kept under this or another Act.\nEach entity—\nmay keep its register in the way the entity’s chief executive officer considers appropriate; and\nmust ensure its register is kept in a secure place.\nThe register may be kept on a computer or partly on a computer and partly written.\ns 664 (prev s 338) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2\n(sec.664-ssec.1) The CCC and the police service must keep a register of covert acts.\n(sec.664-ssec.2) The register may form part of another register whether kept under this or another Act.\n(sec.664-ssec.3) Each entity— may keep its register in the way the entity’s chief executive officer considers appropriate; and must ensure its register is kept in a secure place. The register may be kept on a computer or partly on a computer and partly written.\n- (a) may keep its register in the way the entity’s chief executive officer considers appropriate; and\n- (b) must ensure its register is kept in a secure place.","sortOrder":1253},{"sectionNumber":"sec.665","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.665 Application of sdiv 2\n\nThis subdivision applies only in relation to the following covert acts—\napplications for a monitoring order or a suspension order;\napplications for a covert search warrant or an extension of a covert search warrant;\nthe exercise of powers under a monitoring order, a suspension order or a covert search warrant.\ns 665 ins 2005 No. 45 s 17\n- (a) applications for a monitoring order or a suspension order;\n- (b) applications for a covert search warrant or an extension of a covert search warrant;\n- (c) the exercise of powers under a monitoring order, a suspension order or a covert search warrant.","sortOrder":1254},{"sectionNumber":"sec.666","sectionType":"section","heading":"Information to be recorded in register for sdiv 2","content":"### sec.666 Information to be recorded in register for sdiv 2\n\nThe following information about an application for a covert search warrant must be recorded in the register—\nwhen and where the application for the warrant was made;\nthe name of the person in relation to whom the warrant was sought and the description of the place mentioned in the application;\nthe type of indictable offence mentioned in the application;\nwhether or not the warrant was issued;\nif a warrant was issued—how long the warrant was in force.\nThe following information about covert search warrants must be recorded in the register—\nif and when powers were exercised under the warrant;\nwhen the initial search under the warrant was completed or, if the place was not searched, why it was not searched;\nwhether anything was seized, inspected or photographed under the warrant;\nthe benefits derived from the warrant, including, for example—\nany proceeding started; and\nanything seized during a search;\ninformation about the return, destruction or disposal of anything seized.\nThe information specified in the responsibilities code about other covert acts to which this subdivision applies must be recorded in the register.\ns 666 (prev s 339) renum 2000 No. 22 s 24\namd 2005 No. 45 s 18\n(sec.666-ssec.1) The following information about an application for a covert search warrant must be recorded in the register— when and where the application for the warrant was made; the name of the person in relation to whom the warrant was sought and the description of the place mentioned in the application; the type of indictable offence mentioned in the application; whether or not the warrant was issued; if a warrant was issued—how long the warrant was in force.\n(sec.666-ssec.2) The following information about covert search warrants must be recorded in the register— if and when powers were exercised under the warrant; when the initial search under the warrant was completed or, if the place was not searched, why it was not searched; whether anything was seized, inspected or photographed under the warrant; the benefits derived from the warrant, including, for example— any proceeding started; and anything seized during a search; information about the return, destruction or disposal of anything seized.\n(sec.666-ssec.3) The information specified in the responsibilities code about other covert acts to which this subdivision applies must be recorded in the register.\n- (a) when and where the application for the warrant was made;\n- (b) the name of the person in relation to whom the warrant was sought and the description of the place mentioned in the application;\n- (c) the type of indictable offence mentioned in the application;\n- (d) whether or not the warrant was issued;\n- (e) if a warrant was issued—how long the warrant was in force.\n- (a) if and when powers were exercised under the warrant;\n- (b) when the initial search under the warrant was completed or, if the place was not searched, why it was not searched;\n- (c) whether anything was seized, inspected or photographed under the warrant;\n- (d) the benefits derived from the warrant, including, for example— (i) any proceeding started; and (ii) anything seized during a search;\n- (i) any proceeding started; and\n- (ii) anything seized during a search;\n- (e) information about the return, destruction or disposal of anything seized.\n- (i) any proceeding started; and\n- (ii) anything seized during a search;","sortOrder":1255},{"sectionNumber":"sec.667","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.667 Application of sdiv 3\n\nThis subdivision applies only in relation to the following covert acts—\napplications for surveillance device warrants or extensions or variations of surveillance device warrants;\napplications for retrieval warrants;\nrevocations of surveillance device warrants or retrieval warrants;\napplications for emergency authorisations or for approval of the use of a surveillance device under an emergency authorisation;\napplications for authority for a controlled operation or for variation of an authority for a controlled operation;\nthe exercise of powers under this Act under—\na surveillance device warrant; or\na retrieval warrant; or\nan emergency authorisation; or\na tracking device authorisation; or\nan authority for a controlled operation;\nthe disclosure of information under section 352 or 353 .\ns 667 ins 2005 No. 45 s 19\namd 2017 No. 30 s 22\n- (a) applications for surveillance device warrants or extensions or variations of surveillance device warrants;\n- (b) applications for retrieval warrants;\n- (c) revocations of surveillance device warrants or retrieval warrants;\n- (d) applications for emergency authorisations or for approval of the use of a surveillance device under an emergency authorisation;\n- (e) applications for authority for a controlled operation or for variation of an authority for a controlled operation;\n- (f) the exercise of powers under this Act under— (i) a surveillance device warrant; or (ii) a retrieval warrant; or (iii) an emergency authorisation; or (iv) a tracking device authorisation; or (v) an authority for a controlled operation;\n- (i) a surveillance device warrant; or\n- (ii) a retrieval warrant; or\n- (iii) an emergency authorisation; or\n- (iv) a tracking device authorisation; or\n- (v) an authority for a controlled operation;\n- (g) the disclosure of information under section 352 or 353 .\n- (i) a surveillance device warrant; or\n- (ii) a retrieval warrant; or\n- (iii) an emergency authorisation; or\n- (iv) a tracking device authorisation; or\n- (v) an authority for a controlled operation;","sortOrder":1256},{"sectionNumber":"sec.668","sectionType":"section","heading":"Information to be included in register for surveillance device warrants and retrieval warrants","content":"### sec.668 Information to be included in register for surveillance device warrants and retrieval warrants\n\nThe following information about surveillance device warrants and retrieval warrants must be recorded in the register—\nthe date and time of issue of the warrant;\nthe name of the judge or magistrate who issued the warrant;\nthe name of the law enforcement officer stated in the warrant as the person primarily responsible for executing it;\nthe relevant offence for which the warrant was issued;\nthe period when the warrant is in force;\ndetails of any variation or extension of the warrant;\nwhether the surveillance device was used in a participating jurisdiction;\ninformation prescribed under the responsibilities code about the exercise of powers under the warrant.\ns 668 ins 2005 No. 45 s 19\n- (a) the date and time of issue of the warrant;\n- (b) the name of the judge or magistrate who issued the warrant;\n- (c) the name of the law enforcement officer stated in the warrant as the person primarily responsible for executing it;\n- (d) the relevant offence for which the warrant was issued;\n- (e) the period when the warrant is in force;\n- (f) details of any variation or extension of the warrant;\n- (g) whether the surveillance device was used in a participating jurisdiction;\n- (h) information prescribed under the responsibilities code about the exercise of powers under the warrant.","sortOrder":1257},{"sectionNumber":"sec.669","sectionType":"section","heading":"Information to be included in register for emergency authorisations","content":"### sec.669 Information to be included in register for emergency authorisations\n\nThe following information about emergency authorisations must be recorded in the register—\nthe date and time the emergency authorisation was given;\nthe name of the senior officer who gave the emergency authorisation;\nthe name of the law enforcement officer to whom the emergency authorisation was given;\nthe relevant offence for which the emergency authorisation was given;\nthe date on which the application for approval of powers exercised under the emergency authorisation was made;\ninformation prescribed under the responsibilities code about the exercise of powers under the emergency authorisation.\ns 669 ins 2005 No. 45 s 19\n- (a) the date and time the emergency authorisation was given;\n- (b) the name of the senior officer who gave the emergency authorisation;\n- (c) the name of the law enforcement officer to whom the emergency authorisation was given;\n- (d) the relevant offence for which the emergency authorisation was given;\n- (e) the date on which the application for approval of powers exercised under the emergency authorisation was made;\n- (f) information prescribed under the responsibilities code about the exercise of powers under the emergency authorisation.","sortOrder":1258},{"sectionNumber":"sec.669A","sectionType":"section","heading":"Information to be included in register for tracking device authorisations","content":"### sec.669A Information to be included in register for tracking device authorisations\n\nThe following information about tracking device authorisations must be recorded in the register—\nthe date and time the authorisation was given;\nthe name of the senior officer of the police service who gave the authorisation;\nthe grounds on which the authorisation was given;\nif the authorisation period for the authorisation was extended—\nthe date and time the extension was given; and\nthe name of the senior officer of the police service who gave the extension; and\nthe grounds on which the extension was given.\ns 669A ins 2017 No. 30 s 23\n- (a) the date and time the authorisation was given;\n- (b) the name of the senior officer of the police service who gave the authorisation;\n- (c) the grounds on which the authorisation was given;\n- (d) if the authorisation period for the authorisation was extended— (i) the date and time the extension was given; and (ii) the name of the senior officer of the police service who gave the extension; and (iii) the grounds on which the extension was given.\n- (i) the date and time the extension was given; and\n- (ii) the name of the senior officer of the police service who gave the extension; and\n- (iii) the grounds on which the extension was given.\n- (i) the date and time the extension was given; and\n- (ii) the name of the senior officer of the police service who gave the extension; and\n- (iii) the grounds on which the extension was given.","sortOrder":1259},{"sectionNumber":"sec.670","sectionType":"section","heading":"Information to be included in register for controlled operations","content":"### sec.670 Information to be included in register for controlled operations\n\nThe following information about each application made under chapter 11 by a law enforcement officer of a law enforcement agency, including for variation of authority, must be recorded in the register—\nthe date of the application;\nwhether the application was formal or urgent;\nwhether the application was granted, refused or withdrawn;\nif the application was refused or withdrawn—the date and time of the refusal or withdrawal.\nThe following information about each authority granted under chapter 11 to a law enforcement officer of a law enforcement agency must be recorded in the register—\nthe date and time the authority was granted;\nwhether the authority was formal or urgent;\nthe name and rank or position of the person who granted the authority;\neach relevant offence for which controlled conduct under the authority was to be engaged in;\nthe period of validity of the authority;\nif the authority was cancelled, the date and time of cancellation;\nthe date and time the authorised operation began and the date of completion of the operation;\nthe date on which the principal law enforcement officer for the operation made a report on the operation under section 267 ;\nif the authorised operation involved illicit goods, to the extent known—\nthe nature and quantity of the illicit goods; and\nthe route through which the illicit goods passed in the course of the operation;\ndetails of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the operation;\nwhether the operation was undertaken in a participating jurisdiction;\ninformation prescribed under the responsibilities code about the exercise of powers under the authority.\nThe following information about each variation of authority under chapter 11 must be recorded in the register—\nthe date and time the variation was made;\nwhether the variation was formal or urgent;\nthe name and rank or position of the person who made the variation.\ns 670 ins 2005 No. 45 s 19\n(sec.670-ssec.1) The following information about each application made under chapter 11 by a law enforcement officer of a law enforcement agency, including for variation of authority, must be recorded in the register— the date of the application; whether the application was formal or urgent; whether the application was granted, refused or withdrawn; if the application was refused or withdrawn—the date and time of the refusal or withdrawal.\n(sec.670-ssec.2) The following information about each authority granted under chapter 11 to a law enforcement officer of a law enforcement agency must be recorded in the register— the date and time the authority was granted; whether the authority was formal or urgent; the name and rank or position of the person who granted the authority; each relevant offence for which controlled conduct under the authority was to be engaged in; the period of validity of the authority; if the authority was cancelled, the date and time of cancellation; the date and time the authorised operation began and the date of completion of the operation; the date on which the principal law enforcement officer for the operation made a report on the operation under section 267 ; if the authorised operation involved illicit goods, to the extent known— the nature and quantity of the illicit goods; and the route through which the illicit goods passed in the course of the operation; details of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the operation; whether the operation was undertaken in a participating jurisdiction; information prescribed under the responsibilities code about the exercise of powers under the authority.\n(sec.670-ssec.3) The following information about each variation of authority under chapter 11 must be recorded in the register— the date and time the variation was made; whether the variation was formal or urgent; the name and rank or position of the person who made the variation.\n- (a) the date of the application;\n- (b) whether the application was formal or urgent;\n- (c) whether the application was granted, refused or withdrawn;\n- (d) if the application was refused or withdrawn—the date and time of the refusal or withdrawal.\n- (a) the date and time the authority was granted;\n- (b) whether the authority was formal or urgent;\n- (c) the name and rank or position of the person who granted the authority;\n- (d) each relevant offence for which controlled conduct under the authority was to be engaged in;\n- (e) the period of validity of the authority;\n- (f) if the authority was cancelled, the date and time of cancellation;\n- (g) the date and time the authorised operation began and the date of completion of the operation;\n- (h) the date on which the principal law enforcement officer for the operation made a report on the operation under section 267 ;\n- (i) if the authorised operation involved illicit goods, to the extent known— (i) the nature and quantity of the illicit goods; and (ii) the route through which the illicit goods passed in the course of the operation;\n- (i) the nature and quantity of the illicit goods; and\n- (ii) the route through which the illicit goods passed in the course of the operation;\n- (j) details of any loss of or serious damage to property, or any personal injuries, happening in the course of or as a direct result of the operation;\n- (k) whether the operation was undertaken in a participating jurisdiction;\n- (l) information prescribed under the responsibilities code about the exercise of powers under the authority.\n- (i) the nature and quantity of the illicit goods; and\n- (ii) the route through which the illicit goods passed in the course of the operation;\n- (a) the date and time the variation was made;\n- (b) whether the variation was formal or urgent;\n- (c) the name and rank or position of the person who made the variation.","sortOrder":1260},{"sectionNumber":"sec.671","sectionType":"section","heading":"Who must record information relating to covert search warrants in register","content":"### sec.671 Who must record information relating to covert search warrants in register\n\nThe police officer who makes the application for the covert search warrant or exercises a power or does a covert act under the warrant (the relevant act ) must ensure the information required under section 666 to be recorded in the register of covert acts is recorded.\nHowever, if 2 or more police officers do the relevant act, the senior police officer involved in doing the act must ensure the information is recorded.\nThe information must be recorded as soon as reasonably practicable after the relevant act is done or the information becomes available.\ns 671 (prev s 340) amd 2000 No. 22 s 3 sch ; 2005 No. 45 s 20\nrenum 2000 No. 22 s 24\n(sec.671-ssec.1) The police officer who makes the application for the covert search warrant or exercises a power or does a covert act under the warrant (the relevant act ) must ensure the information required under section 666 to be recorded in the register of covert acts is recorded.\n(sec.671-ssec.2) However, if 2 or more police officers do the relevant act, the senior police officer involved in doing the act must ensure the information is recorded.\n(sec.671-ssec.3) The information must be recorded as soon as reasonably practicable after the relevant act is done or the information becomes available.","sortOrder":1261},{"sectionNumber":"sec.672","sectionType":"section","heading":"Which register to be used","content":"### sec.672 Which register to be used\n\nInformation that must be recorded in a register under this division must be recorded in the relevant register.\nFor subsection (1) , the relevant register for the relevant act is—\nfor an act done by a police officer performing functions for CCC—CCC’s register; or\nif paragraph (a) does not apply—the police service register.\nHowever, if a police officer does a covert act as part of a joint operation involving 2 or more entities, it is enough for subsection (2) if the information is recorded in a register kept by at least 1 of the entities participating in the operation.\ns 672 (prev s 341) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2\n(sec.672-ssec.1) Information that must be recorded in a register under this division must be recorded in the relevant register.\n(sec.672-ssec.2) For subsection (1) , the relevant register for the relevant act is— for an act done by a police officer performing functions for CCC—CCC’s register; or if paragraph (a) does not apply—the police service register.\n(sec.672-ssec.3) However, if a police officer does a covert act as part of a joint operation involving 2 or more entities, it is enough for subsection (2) if the information is recorded in a register kept by at least 1 of the entities participating in the operation.\n- (a) for an act done by a police officer performing functions for CCC—CCC’s register; or\n- (b) if paragraph (a) does not apply—the police service register.","sortOrder":1262},{"sectionNumber":"sec.673","sectionType":"section","heading":"Who may inspect police service register","content":"### sec.673 Who may inspect police service register\n\nThe register of covert acts kept by the police service is not open to inspection by anyone other than—\nthe commissioner; or\na monitor; or\nthe CCC chairperson.\nHowever, the CCC chairperson must give the commissioner reasonable notice of intention to inspect the register.\ns 673 (prev s 342) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 s 1\n(sec.673-ssec.1) The register of covert acts kept by the police service is not open to inspection by anyone other than— the commissioner; or a monitor; or the CCC chairperson.\n(sec.673-ssec.2) However, the CCC chairperson must give the commissioner reasonable notice of intention to inspect the register.\n- (a) the commissioner; or\n- (b) a monitor; or\n- (c) the CCC chairperson.","sortOrder":1263},{"sectionNumber":"sec.674","sectionType":"section","heading":"Who may inspect CCC’s register","content":"### sec.674 Who may inspect CCC’s register\n\nThe register of covert acts kept by the CCC is not open to inspection by anyone other than—\nthe CCC chairperson; or\na monitor; or\nthe parliamentary commissioner.\ns 674 (prev s 344) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2006 No. 41 s 49A ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 s 1\n- (a) the CCC chairperson; or\n- (b) a monitor; or\n- (c) the parliamentary commissioner.","sortOrder":1264},{"sectionNumber":"sec.675","sectionType":"section","heading":"Other authorised inspections","content":"### sec.675 Other authorised inspections\n\nIf the chief executive officer of a law enforcement agency that must keep a register of covert acts under this division considers it appropriate, the chief executive officer may, in writing, authorise a person who may not otherwise inspect the law enforcement agency’s register to inspect the register on the conditions the chief executive officer considers appropriate.\nHowever, the chief executive officer may authorise the person to inspect the register only if the officer is satisfied the inspection is necessary—\nfor an investigation into a serious indictable offence, corruption or a major offence in which information in the register may be relevant; or\nfor maintaining the register; or\nfor preparing an application for an approval, authorisation, order or warrant of a kind to which this division applies; or\nfor monitoring compliance with this Act.\nThe person authorised to inspect the register may inspect it only to the extent necessary for the purpose for which the authority is given.\nFailure of a police officer to comply with subsection (3) may lead to disciplinary action against the officer. Also, improper disclosure of anything learnt when inspecting the register may be an offence.\nIn this section—\ncorruption see the Crime and Corruption Act 2001 , schedule 2 .\ns 675 (prev s 345) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2005 No. 45 s 21 ; 2014 No. 21 s 94 (2) sch 2\n(sec.675-ssec.1) If the chief executive officer of a law enforcement agency that must keep a register of covert acts under this division considers it appropriate, the chief executive officer may, in writing, authorise a person who may not otherwise inspect the law enforcement agency’s register to inspect the register on the conditions the chief executive officer considers appropriate.\n(sec.675-ssec.2) However, the chief executive officer may authorise the person to inspect the register only if the officer is satisfied the inspection is necessary— for an investigation into a serious indictable offence, corruption or a major offence in which information in the register may be relevant; or for maintaining the register; or for preparing an application for an approval, authorisation, order or warrant of a kind to which this division applies; or for monitoring compliance with this Act.\n(sec.675-ssec.3) The person authorised to inspect the register may inspect it only to the extent necessary for the purpose for which the authority is given. Failure of a police officer to comply with subsection (3) may lead to disciplinary action against the officer. Also, improper disclosure of anything learnt when inspecting the register may be an offence.\n(sec.675-ssec.4) In this section— corruption see the Crime and Corruption Act 2001 , schedule 2 .\n- (a) for an investigation into a serious indictable offence, corruption or a major offence in which information in the register may be relevant; or\n- (b) for maintaining the register; or\n- (c) for preparing an application for an approval, authorisation, order or warrant of a kind to which this division applies; or\n- (d) for monitoring compliance with this Act.","sortOrder":1265},{"sectionNumber":"sec.676","sectionType":"section","heading":"General restrictions on inspections by monitor","content":"### sec.676 General restrictions on inspections by monitor\n\nThe monitor may inspect a register under this division only to the extent necessary for performing the monitor’s functions under this Act.\ns 676 (prev s 346) renum 2000 No. 22 s 24","sortOrder":1266},{"sectionNumber":"ch.21-pt.2-div.3","sectionType":"division","heading":"Enforcement registers","content":"## Enforcement registers","sortOrder":1267},{"sectionNumber":"sec.677","sectionType":"section","heading":"Application of div 3","content":"### sec.677 Application of div 3\n\nThis division only applies to enforcement acts.\nIn this section—\nenforcement act does not include an act done by a police officer while exercising powers under a covert search warrant, surveillance device warrant, retrieval warrant, emergency authorisation or tracking device authorisation.\ns 677 (prev s 347) renum 2000 No. 22 s 24\namd 2005 No. 45 s 22 ; 2017 No. 30 s 24\n(sec.677-ssec.1) This division only applies to enforcement acts.\n(sec.677-ssec.2) In this section— enforcement act does not include an act done by a police officer while exercising powers under a covert search warrant, surveillance device warrant, retrieval warrant, emergency authorisation or tracking device authorisation.","sortOrder":1268},{"sectionNumber":"sec.678","sectionType":"section","heading":"Register of enforcement acts","content":"### sec.678 Register of enforcement acts\n\nThe CCC and the police service must keep a register of enforcement acts.\nThe register may form part of another register whether kept under this or another Act.\nEach entity—\nmay keep its register in the way the entity’s chief executive officer considers appropriate; and\nmust ensure its register is kept in a way that enables police officers and protective services officers to comply with this Act; and\nmay keep its register in a way the entity’s chief executive officer considers is effective to—\nprevent police officers or protective services officers who are not performing functions for the entity from inspecting all or part of the register; or\nrestrict access to all or part of the register to only specified police officers or specified protective services officers who are performing functions for the entity.\nThe CCC chairperson may keep the CCC’s register in a way that prevents police officers, other than those seconded to the CCC, inspecting the register.\ns 678 (prev s 348) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 s 1 ; 2022 No. 9 s 13\n(sec.678-ssec.1) The CCC and the police service must keep a register of enforcement acts.\n(sec.678-ssec.2) The register may form part of another register whether kept under this or another Act.\n(sec.678-ssec.3) Each entity— may keep its register in the way the entity’s chief executive officer considers appropriate; and must ensure its register is kept in a way that enables police officers and protective services officers to comply with this Act; and may keep its register in a way the entity’s chief executive officer considers is effective to— prevent police officers or protective services officers who are not performing functions for the entity from inspecting all or part of the register; or restrict access to all or part of the register to only specified police officers or specified protective services officers who are performing functions for the entity. The CCC chairperson may keep the CCC’s register in a way that prevents police officers, other than those seconded to the CCC, inspecting the register.\n- (a) may keep its register in the way the entity’s chief executive officer considers appropriate; and\n- (b) must ensure its register is kept in a way that enables police officers and protective services officers to comply with this Act; and\n- (c) may keep its register in a way the entity’s chief executive officer considers is effective to— (i) prevent police officers or protective services officers who are not performing functions for the entity from inspecting all or part of the register; or (ii) restrict access to all or part of the register to only specified police officers or specified protective services officers who are performing functions for the entity.\n- (i) prevent police officers or protective services officers who are not performing functions for the entity from inspecting all or part of the register; or\n- (ii) restrict access to all or part of the register to only specified police officers or specified protective services officers who are performing functions for the entity.\n- (i) prevent police officers or protective services officers who are not performing functions for the entity from inspecting all or part of the register; or\n- (ii) restrict access to all or part of the register to only specified police officers or specified protective services officers who are performing functions for the entity.","sortOrder":1269},{"sectionNumber":"sec.679","sectionType":"section","heading":"Who must record information in register","content":"### sec.679 Who must record information in register\n\nThe police officer or protective services officer who does an enforcement act must ensure the information required under the responsibilities code to be recorded in the register of enforcement acts is recorded.\nHowever, if 2 or more police officers or protective service officers do the enforcement act, the senior police officer or senior protective services officer involved in doing the act must ensure the information is recorded.\nThe information must be recorded as soon as reasonably practicable after the act is done or the information becomes available.\ns 679 (prev s 349) renum 2000 No. 22 s 24\namd 2022 No. 9 s 14\n(sec.679-ssec.1) The police officer or protective services officer who does an enforcement act must ensure the information required under the responsibilities code to be recorded in the register of enforcement acts is recorded.\n(sec.679-ssec.2) However, if 2 or more police officers or protective service officers do the enforcement act, the senior police officer or senior protective services officer involved in doing the act must ensure the information is recorded.\n(sec.679-ssec.3) The information must be recorded as soon as reasonably practicable after the act is done or the information becomes available.","sortOrder":1270},{"sectionNumber":"sec.680","sectionType":"section","heading":"Which register to be used","content":"### sec.680 Which register to be used\n\nInformation about an enforcement act must be recorded in the relevant register.\nFor subsection (1) , the relevant register for an enforcement act is—\nfor an act done by a police officer performing functions for CCC—CCC’s register; or\nif paragraph (a) does not apply—the police service register.\nHowever, if a police officer does an enforcement act as part of an operation involving 2 or more entities, it is enough for subsection (2) if the information is recorded in the register kept by at least 1 of the entities participating in the operation.\nFurther, if an entity does an enforcement act for a declared agency, other than the ACC or another entity, information about the act must be recorded in the register kept by the entity that did the enforcement act.\ns 680 (prev s 350) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2003 No. 83 s 68 sch 1 ; 2005 No. 45 s 3 sch 1 ; 2014 No. 21 s 94 (2) sch 2\n(sec.680-ssec.1) Information about an enforcement act must be recorded in the relevant register.\n(sec.680-ssec.2) For subsection (1) , the relevant register for an enforcement act is— for an act done by a police officer performing functions for CCC—CCC’s register; or if paragraph (a) does not apply—the police service register.\n(sec.680-ssec.3) However, if a police officer does an enforcement act as part of an operation involving 2 or more entities, it is enough for subsection (2) if the information is recorded in the register kept by at least 1 of the entities participating in the operation.\n(sec.680-ssec.4) Further, if an entity does an enforcement act for a declared agency, other than the ACC or another entity, information about the act must be recorded in the register kept by the entity that did the enforcement act.\n- (a) for an act done by a police officer performing functions for CCC—CCC’s register; or\n- (b) if paragraph (a) does not apply—the police service register.","sortOrder":1271},{"sectionNumber":"sec.681","sectionType":"section","heading":"Persons to be given copy of information in register","content":"### sec.681 Persons to be given copy of information in register\n\nThis section applies to information about a particular enforcement act recorded in a register of enforcement acts kept by the CCC or the police service.\nAt any time within 3 years after the enforcement act is done, the person to whom the act was done may ask any police officer who is entitled to inspect the register to give the person a copy or printout of the information recorded in the register about the act to the extent it describes the actions taken or information directly obtained while doing the enforcement act.\nIf information relating to a suspected offender is obtained because of a search warrant executed at a place belonging to a financial institution, the financial institution is entitled to ask for and receive a copy or printout of the information.\nInformation about the name of a complainant or informant or medical information obtained from a person other than the person to whom the enforcement act was done is not information that describes the actions taken by the person doing the enforcement act.\nThe police officer must comply with the request as soon as reasonably practicable.\ns 681 (prev s 351) renum 2000 No. 22 s 24\namd 2001 No. 69 s 378 sch 1 ; 2006 No. 26 s 62 ; 2014 No. 21 s 94 (2) sch 2\n(sec.681-ssec.1) This section applies to information about a particular enforcement act recorded in a register of enforcement acts kept by the CCC or the police service.\n(sec.681-ssec.2) At any time within 3 years after the enforcement act is done, the person to whom the act was done may ask any police officer who is entitled to inspect the register to give the person a copy or printout of the information recorded in the register about the act to the extent it describes the actions taken or information directly obtained while doing the enforcement act. If information relating to a suspected offender is obtained because of a search warrant executed at a place belonging to a financial institution, the financial institution is entitled to ask for and receive a copy or printout of the information. Information about the name of a complainant or informant or medical information obtained from a person other than the person to whom the enforcement act was done is not information that describes the actions taken by the person doing the enforcement act.\n(sec.681-ssec.3) The police officer must comply with the request as soon as reasonably practicable.\n- 1 If information relating to a suspected offender is obtained because of a search warrant executed at a place belonging to a financial institution, the financial institution is entitled to ask for and receive a copy or printout of the information.\n- 2 Information about the name of a complainant or informant or medical information obtained from a person other than the person to whom the enforcement act was done is not information that describes the actions taken by the person doing the enforcement act.","sortOrder":1272},{"sectionNumber":"sec.682","sectionType":"section","heading":"Restriction on disclosure of certain information","content":"### sec.682 Restriction on disclosure of certain information\n\nThis section applies if the chief executive officer of an entity is reasonably satisfied that making information in the entity’s register about a particular enforcement act available to anyone entitled to inspect it may not be in the public interest because—\nit may prejudice or otherwise hinder an investigation to which the information may be relevant; or\nit may cause embarrassment to, or otherwise adversely affect, a person to whom the information relates or someone else associated with the person including, for example, a family member.\nDespite section 681 , the chief executive officer may direct that the information be recorded in the entity’s register in a way that restricts inspection of the information until the chief executive officer is satisfied it is no longer necessary to restrict its inspection.\nThe chief executive officer must keep a written record of the reasons for the direction.\nHowever, if, within 3 years after the enforcement act was done, the person to whom the act was done asks the chief executive officer under section 681 for information to which this section applies that is the subject of a direction given under subsection (2) , the chief executive officer must give the person a copy or printout of the information as soon as reasonably practicable.\nIf information relating to a suspected offender is obtained because of a search warrant executed at a place belonging to a financial institution, the financial institution is entitled to ask for and receive a copy or printout of the information.\ns 682 (prev s 352) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 24\namd 2006 No. 26 s 63\n(sec.682-ssec.1) This section applies if the chief executive officer of an entity is reasonably satisfied that making information in the entity’s register about a particular enforcement act available to anyone entitled to inspect it may not be in the public interest because— it may prejudice or otherwise hinder an investigation to which the information may be relevant; or it may cause embarrassment to, or otherwise adversely affect, a person to whom the information relates or someone else associated with the person including, for example, a family member.\n(sec.682-ssec.2) Despite section 681 , the chief executive officer may direct that the information be recorded in the entity’s register in a way that restricts inspection of the information until the chief executive officer is satisfied it is no longer necessary to restrict its inspection.\n(sec.682-ssec.3) The chief executive officer must keep a written record of the reasons for the direction.\n(sec.682-ssec.4) However, if, within 3 years after the enforcement act was done, the person to whom the act was done asks the chief executive officer under section 681 for information to which this section applies that is the subject of a direction given under subsection (2) , the chief executive officer must give the person a copy or printout of the information as soon as reasonably practicable. If information relating to a suspected offender is obtained because of a search warrant executed at a place belonging to a financial institution, the financial institution is entitled to ask for and receive a copy or printout of the information.\n- (a) it may prejudice or otherwise hinder an investigation to which the information may be relevant; or\n- (b) it may cause embarrassment to, or otherwise adversely affect, a person to whom the information relates or someone else associated with the person including, for example, a family member.","sortOrder":1273},{"sectionNumber":"ch.21-pt.2-div.4","sectionType":"division","heading":"Provisions about covert acts and enforcement acts done for the ACC","content":"## Provisions about covert acts and enforcement acts done for the ACC","sortOrder":1274},{"sectionNumber":"sec.683","sectionType":"section","heading":"Application of div 4","content":"### sec.683 Application of div 4\n\nThis division applies only to covert acts and enforcement acts done by a police officer performing a function for the ACC.\ns 683 (prev s 353) renum 2000 No. 22 s 24\namd 2003 No. 83 s 68 sch 1","sortOrder":1275},{"sectionNumber":"sec.684","sectionType":"section","heading":"Information to be given to ACC","content":"### sec.684 Information to be given to ACC\n\nA police officer who does a covert act or an enforcement act for the ACC must give information about the covert act or enforcement act to the ACC as soon as reasonably practicable after the act is done.\nThe information must be the same information as the police officer would cause to be recorded under section 666 or 679 .\nHowever, if the ACC requires the police officer to record the information in another entity’s register under this part, the police officer must ensure the information is recorded in the register the ACC specifies.\ns 684 (prev s 354) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 24\namd 2003 No. 83 s 68 sch 1\n(sec.684-ssec.1) A police officer who does a covert act or an enforcement act for the ACC must give information about the covert act or enforcement act to the ACC as soon as reasonably practicable after the act is done.\n(sec.684-ssec.2) The information must be the same information as the police officer would cause to be recorded under section 666 or 679 .\n(sec.684-ssec.3) However, if the ACC requires the police officer to record the information in another entity’s register under this part, the police officer must ensure the information is recorded in the register the ACC specifies.","sortOrder":1276},{"sectionNumber":"ch.21-pt.2-div.5","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":1277},{"sectionNumber":"sec.685","sectionType":"section","heading":"Correcting registers","content":"### sec.685 Correcting registers\n\nThe failure of a police officer to ensure information under section 666 , 668 , 669 , 670 or 679 is recorded in the appropriate register or give information to the ACC under section 684 does not affect anything done in relation to the act concerned, whether before or after the failure.\nHowever, as soon as possible after the police officer or someone else entitled to inspect the register becomes aware that the information is not recorded in the appropriate register, the person must take the steps reasonably necessary to ensure the information is—\nremoved from the register in which it is recorded; and\nrecorded in the appropriate register or given to the ACC.\ns 685 (prev s 355) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 24\namd 2003 No. 83 s 68 sch 1 ; 2005 No. 45 s 23\n(sec.685-ssec.1) The failure of a police officer to ensure information under section 666 , 668 , 669 , 670 or 679 is recorded in the appropriate register or give information to the ACC under section 684 does not affect anything done in relation to the act concerned, whether before or after the failure.\n(sec.685-ssec.2) However, as soon as possible after the police officer or someone else entitled to inspect the register becomes aware that the information is not recorded in the appropriate register, the person must take the steps reasonably necessary to ensure the information is— removed from the register in which it is recorded; and recorded in the appropriate register or given to the ACC.\n- (a) removed from the register in which it is recorded; and\n- (b) recorded in the appropriate register or given to the ACC.","sortOrder":1278},{"sectionNumber":"ch.21-pt.3","sectionType":"part","heading":"Dealing with things in the possession of police service","content":"# Dealing with things in the possession of police service","sortOrder":1279},{"sectionNumber":"ch.21-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1280},{"sectionNumber":"sec.686","sectionType":"section","heading":"Application of pt 3","content":"### sec.686 Application of pt 3\n\nThis part applies to a thing that is lawfully in the possession of the police service ( relevant thing ), whether before or after the commencement of this section, because—\nit was seized by a police officer or protective services officer; or\nit was found by someone other than a police officer or protective services officer who gave it to a police officer or protective services officer as apparently lost property; or\nit otherwise came into the possession of a police officer or protective services officer in the course of performing the officer’s functions.\nHowever, this part does not apply to—\na vehicle that is impounded or immobilised under chapter 4 or 22 or seized under section 124 ; or\nan animal seized under section 137 ; or\na sample or other thing taken or collected from a person under chapter 17 ; or\na blood or urine sample taken from a person under chapter 18 ; or\na specimen of saliva, blood or urine taken from or provided by a person under chapter 18A or the Road Use Management Act , section 80 ; or\na thing seized by a police officer under a property seizure order under the Confiscation Act ; or\na thing seized under the Public Safety Preservation Act 1986 , part 3 ; or\na prohibited item seized from restricted premises under the Peace and Good Behaviour Act 1982 , section 49 ; or\na prohibited item seized from premises the subject of a search warrant applied for under section 150 (1) (e) in exercise of powers under section 157 (1) (h) ; or\nfortification removed from fortified premises under the Peace and Good Behaviour Act 1982 , section 65 ; or\nproperty in the possession of a protective services officer under a bailment of the property to the officer.\nHowever, to the extent this part imposes an obligation on a police officer or protective services officer to keep seized things in a safe place, this part does apply to a thing mentioned in subsection (2) (f) or (k) that is reasonably capable of being moved.\nAlso, this part, apart from section 721 , does not apply to something seized under chapter 19 , part 5 if a coroner decides the death is a reportable death.\nAlso, this part has effect in relation to a dangerous drug subject to the operation of part 4 in relation to the dangerous drug.\nIn addition, this part, to the extent it deals with forfeited property, applies to property forfeited to the State under the Public Safety Preservation Act 1986 , section 42 that is in the possession of the police service.\ns 686 ins 2000 No. 22 s 25\namd 2002 No. 33 s 11 ; 2002 No. 68 s 337 ; 2003 No. 5 s 24 ; 2003 No. 46 s 19 sch ; 2003 No. 13 s 106 sch 1 ; 2003 No. 49 s 19 ; 2005 No. 64 s 3 sch ; 2006 No. 26 s 64 ; 2013 No. 45 s 63 ; 2013 No. 15 s 80 sch ; 2014 No. 42 s 119 ; 2016 No. 4 s 74 ; 2016 No. 62 s 322 ; 2022 No. 9 s 15\n(sec.686-ssec.1) This part applies to a thing that is lawfully in the possession of the police service ( relevant thing ), whether before or after the commencement of this section, because— it was seized by a police officer or protective services officer; or it was found by someone other than a police officer or protective services officer who gave it to a police officer or protective services officer as apparently lost property; or it otherwise came into the possession of a police officer or protective services officer in the course of performing the officer’s functions.\n(sec.686-ssec.2) However, this part does not apply to— a vehicle that is impounded or immobilised under chapter 4 or 22 or seized under section 124 ; or an animal seized under section 137 ; or a sample or other thing taken or collected from a person under chapter 17 ; or a blood or urine sample taken from a person under chapter 18 ; or a specimen of saliva, blood or urine taken from or provided by a person under chapter 18A or the Road Use Management Act , section 80 ; or a thing seized by a police officer under a property seizure order under the Confiscation Act ; or a thing seized under the Public Safety Preservation Act 1986 , part 3 ; or a prohibited item seized from restricted premises under the Peace and Good Behaviour Act 1982 , section 49 ; or a prohibited item seized from premises the subject of a search warrant applied for under section 150 (1) (e) in exercise of powers under section 157 (1) (h) ; or fortification removed from fortified premises under the Peace and Good Behaviour Act 1982 , section 65 ; or property in the possession of a protective services officer under a bailment of the property to the officer.\n(sec.686-ssec.3) However, to the extent this part imposes an obligation on a police officer or protective services officer to keep seized things in a safe place, this part does apply to a thing mentioned in subsection (2) (f) or (k) that is reasonably capable of being moved.\n(sec.686-ssec.4) Also, this part, apart from section 721 , does not apply to something seized under chapter 19 , part 5 if a coroner decides the death is a reportable death.\n(sec.686-ssec.5) Also, this part has effect in relation to a dangerous drug subject to the operation of part 4 in relation to the dangerous drug.\n(sec.686-ssec.6) In addition, this part, to the extent it deals with forfeited property, applies to property forfeited to the State under the Public Safety Preservation Act 1986 , section 42 that is in the possession of the police service.\n- (a) it was seized by a police officer or protective services officer; or\n- (b) it was found by someone other than a police officer or protective services officer who gave it to a police officer or protective services officer as apparently lost property; or\n- (c) it otherwise came into the possession of a police officer or protective services officer in the course of performing the officer’s functions.\n- (a) a vehicle that is impounded or immobilised under chapter 4 or 22 or seized under section 124 ; or\n- (b) an animal seized under section 137 ; or\n- (c) a sample or other thing taken or collected from a person under chapter 17 ; or\n- (d) a blood or urine sample taken from a person under chapter 18 ; or\n- (e) a specimen of saliva, blood or urine taken from or provided by a person under chapter 18A or the Road Use Management Act , section 80 ; or\n- (f) a thing seized by a police officer under a property seizure order under the Confiscation Act ; or\n- (g) a thing seized under the Public Safety Preservation Act 1986 , part 3 ; or\n- (h) a prohibited item seized from restricted premises under the Peace and Good Behaviour Act 1982 , section 49 ; or\n- (i) a prohibited item seized from premises the subject of a search warrant applied for under section 150 (1) (e) in exercise of powers under section 157 (1) (h) ; or\n- (j) fortification removed from fortified premises under the Peace and Good Behaviour Act 1982 , section 65 ; or\n- (k) property in the possession of a protective services officer under a bailment of the property to the officer.","sortOrder":1281},{"sectionNumber":"sec.687","sectionType":"section","heading":"Object of pt 3","content":"### sec.687 Object of pt 3\n\nThe object of this part is to ensure, as far as practicable, a relevant thing—\nis retained by the police service only for as long as is reasonably necessary; and\nis handled in an efficient, safe and accountable way.\ns 687 ins 2000 No. 22 s 25\n- (a) is retained by the police service only for as long as is reasonably necessary; and\n- (b) is handled in an efficient, safe and accountable way.","sortOrder":1282},{"sectionNumber":"sec.687A","sectionType":"section","heading":null,"content":"### Section sec.687A\n\ns 687A ins 2014 No. 17 s 105\namd 2016 No. 43 s 19\nom 2021 No. 12 s 195 sch 5","sortOrder":1283},{"sectionNumber":"sec.688","sectionType":"section","heading":"Responsibilities of police officer or protective services officer taking possession of relevant thing","content":"### sec.688 Responsibilities of police officer or protective services officer taking possession of relevant thing\n\nA police officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless—\nthe thing is earlier returned, destroyed or disposed of under this part; or\nit is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.\nA protective services officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless—\nthe thing is earlier returned, destroyed or disposed of under this part; or\nthe thing is given to a police officer.\nIf a police officer keeps a thing under subsection (1) (b) , the police officer must deliver the thing to an appropriate property officer or property point as soon as reasonably practicable after the reason for keeping it ends.\nUntil the thing is given or delivered under subsection (1) or (2) , the police officer or protective services officer is responsible for the safe keeping of the thing.\nThe commissioner must—\nensure reasonable inquiries and reasonable efforts are made to locate anyone lawfully claiming to be entitled to possession of the thing; and\nfacilitate its lawful disposal or its return to its owner or the person who had lawful possession of it before it came into the possession of the police service.\nWhat are reasonable inquiries and efforts, must be decided having regard to the nature, condition and value of the relevant thing.\nSubsection (5) does not apply to the thing if the commissioner is satisfied it is inappropriate to return it to its owner or the person who had lawful possession of it before it came into the possession of the police service.\nThe commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.\ns 688 ins 2000 No. 22 s 25\namd 2022 No. 9 s 16\n(sec.688-ssec.1) A police officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless— the thing is earlier returned, destroyed or disposed of under this part; or it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.\n(sec.688-ssec.2) A protective services officer who seizes or otherwise comes into possession of a relevant thing must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as reasonably practicable, unless— the thing is earlier returned, destroyed or disposed of under this part; or the thing is given to a police officer.\n(sec.688-ssec.3) If a police officer keeps a thing under subsection (1) (b) , the police officer must deliver the thing to an appropriate property officer or property point as soon as reasonably practicable after the reason for keeping it ends.\n(sec.688-ssec.4) Until the thing is given or delivered under subsection (1) or (2) , the police officer or protective services officer is responsible for the safe keeping of the thing.\n(sec.688-ssec.5) The commissioner must— ensure reasonable inquiries and reasonable efforts are made to locate anyone lawfully claiming to be entitled to possession of the thing; and facilitate its lawful disposal or its return to its owner or the person who had lawful possession of it before it came into the possession of the police service.\n(sec.688-ssec.6) What are reasonable inquiries and efforts, must be decided having regard to the nature, condition and value of the relevant thing.\n(sec.688-ssec.7) Subsection (5) does not apply to the thing if the commissioner is satisfied it is inappropriate to return it to its owner or the person who had lawful possession of it before it came into the possession of the police service. The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.\n- (a) the thing is earlier returned, destroyed or disposed of under this part; or\n- (b) it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.\n- (a) the thing is earlier returned, destroyed or disposed of under this part; or\n- (b) the thing is given to a police officer.\n- (a) ensure reasonable inquiries and reasonable efforts are made to locate anyone lawfully claiming to be entitled to possession of the thing; and\n- (b) facilitate its lawful disposal or its return to its owner or the person who had lawful possession of it before it came into the possession of the police service.","sortOrder":1284},{"sectionNumber":"sec.689","sectionType":"section","heading":"Particular provision about handling animals in the possession of the police service","content":"### sec.689 Particular provision about handling animals in the possession of the police service\n\nThis section applies to a relevant thing that is in the possession of the police service if the relevant thing is an animal.\nThe police service must handle the animal in an efficient, safe and accountable way including by keeping the animal in a way that has appropriate regard to—\nthe animal’s welfare and the welfare of other animals in the possession of the police service at the place where the animal is kept; and\nrelevant animal husbandry practices.\nIn this section—\nanimal , includes offspring of an animal, born while the animal is in the possession of the police service.\ns 689 ins 2006 No. 26 s 65\n(sec.689-ssec.1) This section applies to a relevant thing that is in the possession of the police service if the relevant thing is an animal.\n(sec.689-ssec.2) The police service must handle the animal in an efficient, safe and accountable way including by keeping the animal in a way that has appropriate regard to— the animal’s welfare and the welfare of other animals in the possession of the police service at the place where the animal is kept; and relevant animal husbandry practices.\n(sec.689-ssec.3) In this section— animal , includes offspring of an animal, born while the animal is in the possession of the police service.\n- (a) the animal’s welfare and the welfare of other animals in the possession of the police service at the place where the animal is kept; and\n- (b) relevant animal husbandry practices.","sortOrder":1285},{"sectionNumber":"sec.690","sectionType":"section","heading":"Forfeiture in particular cases","content":"### sec.690 Forfeiture in particular cases\n\nIf this part applies to a thing and the commissioner is satisfied the thing has no value, the thing is forfeited to the State.\ns 690 ins 2006 No. 26 s 65","sortOrder":1286},{"sectionNumber":"ch.21-pt.3-div.2","sectionType":"division","heading":"Return of relevant things","content":"## Return of relevant things","sortOrder":1287},{"sectionNumber":"sec.691","sectionType":"section","heading":"Return of relevant things","content":"### sec.691 Return of relevant things\n\nUnless a justice otherwise orders, a police officer or protective services officer must return a relevant thing to the owner of the thing or the person who had lawful possession of the thing before it came into the possession of the police service if the police officer or protective services officer is satisfied—\nit is not required to be retained; and\nit is lawful for the person to have possession of the thing.\nIf the thing is evidence of the commission of an offence and a police officer considers it appropriate, the police officer must take the steps reasonably necessary to minimise the need to retain the thing as evidence by, as soon as reasonably practicable—\nphotographing the thing or arranging for it to be photographed; or\narranging for any necessary test or examination of the thing; or\ngathering any other available secondary evidence in relation to the thing.\nDespite subsection (1) , if a police officer or protective services officer seized the relevant thing, a police officer or protective services officer may retain the thing for a reasonable time after it is seized if retention of the thing is necessary—\nto prevent a person using the thing to cause self harm or harm to someone else; or\nto prevent an offence or a breach of the peace happening; or\nto prevent the thing being used for domestic violence or associated domestic violence.\nThis section does not apply to a relevant thing that the commissioner is satisfied is inappropriate to return to its owner or the person who had lawful possession of it before it was seized or came into the possession of the police service because of the nature or value of the thing or the circumstances of the offence to which it relates.\nThe commissioner may be satisfied it is not appropriate to return fibres taken from a carpet at a crime scene because the fibres have little or no value.\nThe commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.\ns 691 ins 2000 No. 22 s 25\namd 2006 No. 26 s 67 ; 2012 No. 5 s 223 ; 2022 No. 9 s 17 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.691-ssec.1) Unless a justice otherwise orders, a police officer or protective services officer must return a relevant thing to the owner of the thing or the person who had lawful possession of the thing before it came into the possession of the police service if the police officer or protective services officer is satisfied— it is not required to be retained; and it is lawful for the person to have possession of the thing.\n(sec.691-ssec.2) If the thing is evidence of the commission of an offence and a police officer considers it appropriate, the police officer must take the steps reasonably necessary to minimise the need to retain the thing as evidence by, as soon as reasonably practicable— photographing the thing or arranging for it to be photographed; or arranging for any necessary test or examination of the thing; or gathering any other available secondary evidence in relation to the thing.\n(sec.691-ssec.3) Despite subsection (1) , if a police officer or protective services officer seized the relevant thing, a police officer or protective services officer may retain the thing for a reasonable time after it is seized if retention of the thing is necessary— to prevent a person using the thing to cause self harm or harm to someone else; or to prevent an offence or a breach of the peace happening; or to prevent the thing being used for domestic violence or associated domestic violence.\n(sec.691-ssec.4) This section does not apply to a relevant thing that the commissioner is satisfied is inappropriate to return to its owner or the person who had lawful possession of it before it was seized or came into the possession of the police service because of the nature or value of the thing or the circumstances of the offence to which it relates. The commissioner may be satisfied it is not appropriate to return fibres taken from a carpet at a crime scene because the fibres have little or no value. The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.\n- (a) it is not required to be retained; and\n- (b) it is lawful for the person to have possession of the thing.\n- (a) photographing the thing or arranging for it to be photographed; or\n- (b) arranging for any necessary test or examination of the thing; or\n- (c) gathering any other available secondary evidence in relation to the thing.\n- (a) to prevent a person using the thing to cause self harm or harm to someone else; or\n- (b) to prevent an offence or a breach of the peace happening; or\n- (c) to prevent the thing being used for domestic violence or associated domestic violence.\n- 1 The commissioner may be satisfied it is not appropriate to return fibres taken from a carpet at a crime scene because the fibres have little or no value.\n- 2 The commissioner may be satisfied it is inappropriate to return clothing worn by a victim at the time of a sexual assault because of the distress returning the clothing to the victim may cause.","sortOrder":1288},{"sectionNumber":"sec.692","sectionType":"section","heading":"Application by owner etc. for return of relevant thing","content":"### sec.692 Application by owner etc. for return of relevant thing\n\nThis section applies to a relevant thing—\nthat has been in the possession of the police service for at least 30 days and is not the subject of an application under section 693 ; or\nthat is described in a notice given under section 719 (4) .\nA person who claims to have a legal or equitable interest in the relevant thing may apply in writing to the commissioner for the return of the thing to the person or for the delivery of the thing to someone else named in the application as the person to whom the thing may be delivered (the nominee ).\nThe commissioner may require the applicant to give to the commissioner the additional information the commissioner considers reasonably necessary to enable the commissioner to properly consider the application.\nAfter considering the application and any additional information given to the commissioner under subsection (3) , the commissioner may—\nreturn the thing to the applicant; or\ndeliver the thing to the nominee as requested by the applicant; or\nrefuse to return the thing.\nHowever, the commissioner may only return a thing under subsection (4) if the commissioner is satisfied—\nthe applicant may lawfully possess the thing; and\nit is appropriate that the thing be delivered to the person.\nIf the commissioner proposes to deliver the relevant thing to the applicant’s nominee, the commissioner must also be satisfied that the nominee may lawfully possess the thing.\ns 692 ins 2006 No. 26 s 68\n(sec.692-ssec.1) This section applies to a relevant thing— that has been in the possession of the police service for at least 30 days and is not the subject of an application under section 693 ; or that is described in a notice given under section 719 (4) .\n(sec.692-ssec.2) A person who claims to have a legal or equitable interest in the relevant thing may apply in writing to the commissioner for the return of the thing to the person or for the delivery of the thing to someone else named in the application as the person to whom the thing may be delivered (the nominee ).\n(sec.692-ssec.3) The commissioner may require the applicant to give to the commissioner the additional information the commissioner considers reasonably necessary to enable the commissioner to properly consider the application.\n(sec.692-ssec.4) After considering the application and any additional information given to the commissioner under subsection (3) , the commissioner may— return the thing to the applicant; or deliver the thing to the nominee as requested by the applicant; or refuse to return the thing.\n(sec.692-ssec.5) However, the commissioner may only return a thing under subsection (4) if the commissioner is satisfied— the applicant may lawfully possess the thing; and it is appropriate that the thing be delivered to the person.\n(sec.692-ssec.6) If the commissioner proposes to deliver the relevant thing to the applicant’s nominee, the commissioner must also be satisfied that the nominee may lawfully possess the thing.\n- (a) that has been in the possession of the police service for at least 30 days and is not the subject of an application under section 693 ; or\n- (b) that is described in a notice given under section 719 (4) .\n- (a) return the thing to the applicant; or\n- (b) deliver the thing to the nominee as requested by the applicant; or\n- (c) refuse to return the thing.\n- (a) the applicant may lawfully possess the thing; and\n- (b) it is appropriate that the thing be delivered to the person.","sortOrder":1289},{"sectionNumber":"sec.693","sectionType":"section","heading":"Application by owner etc. for court order for return of relevant thing","content":"### sec.693 Application by owner etc. for court order for return of relevant thing\n\nThis section applies to a relevant thing—\nthat has been in the possession of the police service for 30 days and is not returned under section 692 ; or\nthat is described in a notice given under section 719 (4) .\nHowever, this section does not apply to a relevant thing that is forfeited to the State under an Act.\nA person who claims to have a legal or equitable interest in the relevant thing may apply to a magistrate for an order that the thing be returned to the person or to someone else named in the application as the person to whom the thing may be delivered (the nominee ).\nThe person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—\nthe commissioner;\nanyone else the person reasonably believes has a legal or equitable interest in the thing.\nThe magistrate may order that the relevant thing be returned to a person on the conditions, if any, the magistrate considers appropriate if satisfied—\nthe person may lawfully possess the thing; and\nit is appropriate that the thing be returned to the person.\nIf the magistrate proposes to order that the relevant thing be delivered to the applicant’s nominee, the magistrate must also be satisfied that the nominee may lawfully possess the thing.\nThe magistrate must not order the return of a relevant thing to the person or the person’s nominee if the magistrate is reasonably satisfied the thing—\nmay be evidence in a proceeding started in relation to the thing; or\nis a thing used in or for manufacturing a dangerous drug; or\nmay be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .\ns 693 ins 2000 No. 22 s 25\nsub 2006 No. 26 s 69\n(sec.693-ssec.1) This section applies to a relevant thing— that has been in the possession of the police service for 30 days and is not returned under section 692 ; or that is described in a notice given under section 719 (4) .\n(sec.693-ssec.2) However, this section does not apply to a relevant thing that is forfeited to the State under an Act.\n(sec.693-ssec.3) A person who claims to have a legal or equitable interest in the relevant thing may apply to a magistrate for an order that the thing be returned to the person or to someone else named in the application as the person to whom the thing may be delivered (the nominee ).\n(sec.693-ssec.4) The person must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the commissioner; anyone else the person reasonably believes has a legal or equitable interest in the thing.\n(sec.693-ssec.5) The magistrate may order that the relevant thing be returned to a person on the conditions, if any, the magistrate considers appropriate if satisfied— the person may lawfully possess the thing; and it is appropriate that the thing be returned to the person.\n(sec.693-ssec.6) If the magistrate proposes to order that the relevant thing be delivered to the applicant’s nominee, the magistrate must also be satisfied that the nominee may lawfully possess the thing.\n(sec.693-ssec.7) The magistrate must not order the return of a relevant thing to the person or the person’s nominee if the magistrate is reasonably satisfied the thing— may be evidence in a proceeding started in relation to the thing; or is a thing used in or for manufacturing a dangerous drug; or may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .\n- (a) that has been in the possession of the police service for 30 days and is not returned under section 692 ; or\n- (b) that is described in a notice given under section 719 (4) .\n- (a) the commissioner;\n- (b) anyone else the person reasonably believes has a legal or equitable interest in the thing.\n- (a) the person may lawfully possess the thing; and\n- (b) it is appropriate that the thing be returned to the person.\n- (a) may be evidence in a proceeding started in relation to the thing; or\n- (b) is a thing used in or for manufacturing a dangerous drug; or\n- (c) may be subject to a forfeiture proceeding, including a forfeiture proceeding relating to an interstate serious offence under the Confiscation Act .","sortOrder":1290},{"sectionNumber":"sec.694","sectionType":"section","heading":"Application by police officer for order if ownership dispute","content":"### sec.694 Application by police officer for order if ownership dispute\n\nThis section applies if there is a dispute about the ownership of a relevant thing, whether the dispute is between—\ntwo or more persons, each of whom claims to be the owner of the thing; or\na police officer and a person who claims to be the owner of the thing.\nA police officer may apply to a magistrate for an order declaring who is the owner of the thing.\nThe police officer must give anyone the police officer reasonably believes has a legal or equitable interest in the thing a copy of the application and notice of the day, time and place fixed for hearing the application.\nThe magistrate may make the order the magistrate considers appropriate.\nIf the magistrate can not decide who owns the thing, the magistrate may make the orders the magistrate considers appropriate for the disposal of the thing.\ns 694 ins 2000 No. 22 s 25\namd 2006 No. 26 s 70\n(sec.694-ssec.1) This section applies if there is a dispute about the ownership of a relevant thing, whether the dispute is between— two or more persons, each of whom claims to be the owner of the thing; or a police officer and a person who claims to be the owner of the thing.\n(sec.694-ssec.2) A police officer may apply to a magistrate for an order declaring who is the owner of the thing.\n(sec.694-ssec.3) The police officer must give anyone the police officer reasonably believes has a legal or equitable interest in the thing a copy of the application and notice of the day, time and place fixed for hearing the application.\n(sec.694-ssec.4) The magistrate may make the order the magistrate considers appropriate.\n(sec.694-ssec.5) If the magistrate can not decide who owns the thing, the magistrate may make the orders the magistrate considers appropriate for the disposal of the thing.\n- (a) two or more persons, each of whom claims to be the owner of the thing; or\n- (b) a police officer and a person who claims to be the owner of the thing.","sortOrder":1291},{"sectionNumber":"sec.695","sectionType":"section","heading":"Application for order in relation to seized things","content":"### sec.695 Application for order in relation to seized things\n\nThis section applies to a thing seized—\nas evidence of the commission of an offence; or\nto prevent a person using the thing to cause self harm or harm to someone else; or\nto prevent an offence or a breach of the peace happening.\nWithin 30 days after a police officer seizes the thing, the police officer must apply to a justice of the peace (magistrates court) or a magistrate (the issuer ) for an order under section 696 in relation to the thing, unless—\na proceeding has been started in which the thing may be relevant; or\nconsent to the continued keeping of the thing has been given by its owner or the person who had lawful possession of the thing before it was seized; or\nit has no intrinsic value; or\nsamples of hair or blood taken from a crime scene that may be forensic evidence\nit is perishable and will perish before it can be returned to its owner or the person who had lawful possession of the thing before it was seized; or\nit is a dangerous drug or a thing used in or for manufacturing a dangerous drug; or\nit is a weapon the person from whom it was seized may not lawfully possess; or\nit is given to a law enforcement agency of another State under section 722 or another agency under an arrangement under section 723 ; or\nit is returned under section 691 , 692 or 693 .\nAn application for an order under section 696 must also be made within 30 days after either of the following happens—\na proceeding started in relation to the thing seized is discontinued without any order being made in relation to the thing;\nthe consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.\nThe application must be accompanied by any warrant under which the thing was seized.\nHowever, if no application is to be made because subsection (2) (a) , (b) , (c) , (d) , (e) or (f) applies to the thing, a police officer must deal with the thing in the way specified in the responsibilities code, unless this Act otherwise provides.\nSubsection (7) applies if—\na proceeding started in relation to a thing seized is a proceeding against a child for an offence; and\nthe child pleads guilty before the court; and\nthe court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A .\nFor subsection (3) (a) , the discontinuation of the proceeding is taken to happen on the day the child discharges the obligations under a restorative justice agreement made as a consequence of the referral.\nIn this section—\nrestorative justice agreement see the Youth Justice Act 1992 , schedule 4 .\nrestorative justice process see the Youth Justice Act 1992 , schedule 4 .\ns 695 ins 2000 No. 22 s 25\namd 2006 No. 26 s 71 ; 2016 No. 39 s 8C ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.695-ssec.1) This section applies to a thing seized— as evidence of the commission of an offence; or to prevent a person using the thing to cause self harm or harm to someone else; or to prevent an offence or a breach of the peace happening.\n(sec.695-ssec.2) Within 30 days after a police officer seizes the thing, the police officer must apply to a justice of the peace (magistrates court) or a magistrate (the issuer ) for an order under section 696 in relation to the thing, unless— a proceeding has been started in which the thing may be relevant; or consent to the continued keeping of the thing has been given by its owner or the person who had lawful possession of the thing before it was seized; or it has no intrinsic value; or samples of hair or blood taken from a crime scene that may be forensic evidence it is perishable and will perish before it can be returned to its owner or the person who had lawful possession of the thing before it was seized; or it is a dangerous drug or a thing used in or for manufacturing a dangerous drug; or it is a weapon the person from whom it was seized may not lawfully possess; or it is given to a law enforcement agency of another State under section 722 or another agency under an arrangement under section 723 ; or it is returned under section 691 , 692 or 693 .\n(sec.695-ssec.3) An application for an order under section 696 must also be made within 30 days after either of the following happens— a proceeding started in relation to the thing seized is discontinued without any order being made in relation to the thing; the consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.\n(sec.695-ssec.4) The application must be accompanied by any warrant under which the thing was seized.\n(sec.695-ssec.5) However, if no application is to be made because subsection (2) (a) , (b) , (c) , (d) , (e) or (f) applies to the thing, a police officer must deal with the thing in the way specified in the responsibilities code, unless this Act otherwise provides.\n(sec.695-ssec.6) Subsection (7) applies if— a proceeding started in relation to a thing seized is a proceeding against a child for an offence; and the child pleads guilty before the court; and the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A .\n(sec.695-ssec.7) For subsection (3) (a) , the discontinuation of the proceeding is taken to happen on the day the child discharges the obligations under a restorative justice agreement made as a consequence of the referral.\n(sec.695-ssec.8) In this section— restorative justice agreement see the Youth Justice Act 1992 , schedule 4 . restorative justice process see the Youth Justice Act 1992 , schedule 4 .\n- (a) as evidence of the commission of an offence; or\n- (b) to prevent a person using the thing to cause self harm or harm to someone else; or\n- (c) to prevent an offence or a breach of the peace happening.\n- (a) a proceeding has been started in which the thing may be relevant; or\n- (b) consent to the continued keeping of the thing has been given by its owner or the person who had lawful possession of the thing before it was seized; or\n- (c) it has no intrinsic value; or Example for subsection (2) (c) — samples of hair or blood taken from a crime scene that may be forensic evidence\n- (d) it is perishable and will perish before it can be returned to its owner or the person who had lawful possession of the thing before it was seized; or\n- (e) it is a dangerous drug or a thing used in or for manufacturing a dangerous drug; or\n- (f) it is a weapon the person from whom it was seized may not lawfully possess; or\n- (g) it is given to a law enforcement agency of another State under section 722 or another agency under an arrangement under section 723 ; or\n- (h) it is returned under section 691 , 692 or 693 .\n- (a) a proceeding started in relation to the thing seized is discontinued without any order being made in relation to the thing;\n- (b) the consent of the owner of the thing or the person who had lawful possession of the thing before it was seized is withdrawn.\n- (a) a proceeding started in relation to a thing seized is a proceeding against a child for an offence; and\n- (b) the child pleads guilty before the court; and\n- (c) the court dismisses the charge and refers the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992 , section 24A .","sortOrder":1292},{"sectionNumber":"sec.696","sectionType":"section","heading":"Orders issuer may make in relation to seized thing","content":"### sec.696 Orders issuer may make in relation to seized thing\n\nAfter considering the application, the issuer under section 695 may, in relation to the seized thing, order—\nthat it be kept in the possession of a police officer until the end of—\nany investigation in relation to which the thing may be relevant; or\nany proceeding in which the thing may be relevant; or\nany appeal against a decision in a proceeding in which the thing is relevant; or\nthat it be photographed and returned to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or\nthat it be returned to the person who the issuer under section 695 believes is lawfully entitled to possess it; or\nif the person entitled to possess the thing is unknown, that the thing be disposed of; or\nfor a thing seized for a reason mentioned in section 695 (1) (b) or (c) , that it be dealt with in the way decided by the commissioner; or\nthat it be disposed of or destroyed; or\nthat it be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding.\nAlso, if the seized thing is an animal, the issuer under section 695 may order—\nif the issuer is satisfied the animal is breeding stock—that the animal be held by a named person until the end of the proceeding for the charge of an offence in which the animal is evidence; or\nif the issuer is satisfied the animal is not breeding stock and the ownership of the animal can not be decided—that the animal be sold in the way directed by the issuer and the proceeds of the sale, after paying any costs of the sale, be paid to the consolidated fund.\nThe issuer under section 695 may, in the order, impose any conditions the issuer considers appropriate, including, for subsection (1) (a) , a condition limiting the time for which a police officer may keep possession of documents seized as evidence.\ns 696 ins 2000 No. 22 s 25\namd 2006 No. 26 s 72\n(sec.696-ssec.1) After considering the application, the issuer under section 695 may, in relation to the seized thing, order— that it be kept in the possession of a police officer until the end of— any investigation in relation to which the thing may be relevant; or any proceeding in which the thing may be relevant; or any appeal against a decision in a proceeding in which the thing is relevant; or that it be photographed and returned to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or that it be returned to the person who the issuer under section 695 believes is lawfully entitled to possess it; or if the person entitled to possess the thing is unknown, that the thing be disposed of; or for a thing seized for a reason mentioned in section 695 (1) (b) or (c) , that it be dealt with in the way decided by the commissioner; or that it be disposed of or destroyed; or that it be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding.\n(sec.696-ssec.2) Also, if the seized thing is an animal, the issuer under section 695 may order— if the issuer is satisfied the animal is breeding stock—that the animal be held by a named person until the end of the proceeding for the charge of an offence in which the animal is evidence; or if the issuer is satisfied the animal is not breeding stock and the ownership of the animal can not be decided—that the animal be sold in the way directed by the issuer and the proceeds of the sale, after paying any costs of the sale, be paid to the consolidated fund.\n(sec.696-ssec.3) The issuer under section 695 may, in the order, impose any conditions the issuer considers appropriate, including, for subsection (1) (a) , a condition limiting the time for which a police officer may keep possession of documents seized as evidence.\n- (a) that it be kept in the possession of a police officer until the end of— (i) any investigation in relation to which the thing may be relevant; or (ii) any proceeding in which the thing may be relevant; or (iii) any appeal against a decision in a proceeding in which the thing is relevant; or\n- (i) any investigation in relation to which the thing may be relevant; or\n- (ii) any proceeding in which the thing may be relevant; or\n- (iii) any appeal against a decision in a proceeding in which the thing is relevant; or\n- (b) that it be photographed and returned to its owner or the person who had lawful possession of it before it was seized on condition that the owner or person undertakes to produce it before a court in any later proceeding involving the thing; or\n- (c) that it be returned to the person who the issuer under section 695 believes is lawfully entitled to possess it; or\n- (d) if the person entitled to possess the thing is unknown, that the thing be disposed of; or\n- (e) for a thing seized for a reason mentioned in section 695 (1) (b) or (c) , that it be dealt with in the way decided by the commissioner; or\n- (f) that it be disposed of or destroyed; or\n- (g) that it be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding.\n- (i) any investigation in relation to which the thing may be relevant; or\n- (ii) any proceeding in which the thing may be relevant; or\n- (iii) any appeal against a decision in a proceeding in which the thing is relevant; or\n- (a) if the issuer is satisfied the animal is breeding stock—that the animal be held by a named person until the end of the proceeding for the charge of an offence in which the animal is evidence; or\n- (b) if the issuer is satisfied the animal is not breeding stock and the ownership of the animal can not be decided—that the animal be sold in the way directed by the issuer and the proceeds of the sale, after paying any costs of the sale, be paid to the consolidated fund.","sortOrder":1293},{"sectionNumber":"sec.697","sectionType":"section","heading":"Cost recovery for animal held in possession of police service","content":"### sec.697 Cost recovery for animal held in possession of police service\n\nThis section applies in relation to an animal seized by a police officer and held in the possession of the police service, whether or not under an order under section 696 .\nIf the person who appears to be the owner of the animal is known, the commissioner may, by letter of demand, require the person to pay to the commissioner within a stated reasonable time, of at least 28 days, the commissioner’s stated reasonable costs of keeping the animal.\nThe commissioner must not give the person the letter of demand unless the commissioner first gives the person written notice of the commissioner’s intention to require the person to pay the costs and a reasonable time, of at least 14 days, to state why the person should not be required to pay the costs.\nIf—\nafter considering any representations made by the person, the commissioner gives the person the letter of demand; and\nthe person fails to pay the amount stated in the letter of demand within the time stated in the letter of demand;\nthe amount payable becomes a debt payable to the State and may be recovered in a court having jurisdiction for the amount.\nThe letter of demand must inform the person—\nof the consequences of failing to reply to the letter of demand; and\nthat the person may appeal against the letter of demand to a Magistrates court.\nNothing in this section stops the owner of an animal voluntarily surrendering ownership of the animal to the State under section 698 .\nIn this section—\nanimal , includes offspring of an animal, born while the animal is in the possession of the police service.\ns 697 ins 2006 No. 26 s 73\namd 2007 No. 1 s 17\n(sec.697-ssec.1) This section applies in relation to an animal seized by a police officer and held in the possession of the police service, whether or not under an order under section 696 .\n(sec.697-ssec.2) If the person who appears to be the owner of the animal is known, the commissioner may, by letter of demand, require the person to pay to the commissioner within a stated reasonable time, of at least 28 days, the commissioner’s stated reasonable costs of keeping the animal.\n(sec.697-ssec.3) The commissioner must not give the person the letter of demand unless the commissioner first gives the person written notice of the commissioner’s intention to require the person to pay the costs and a reasonable time, of at least 14 days, to state why the person should not be required to pay the costs.\n(sec.697-ssec.4) If— after considering any representations made by the person, the commissioner gives the person the letter of demand; and the person fails to pay the amount stated in the letter of demand within the time stated in the letter of demand; the amount payable becomes a debt payable to the State and may be recovered in a court having jurisdiction for the amount.\n(sec.697-ssec.5) The letter of demand must inform the person— of the consequences of failing to reply to the letter of demand; and that the person may appeal against the letter of demand to a Magistrates court.\n(sec.697-ssec.6) Nothing in this section stops the owner of an animal voluntarily surrendering ownership of the animal to the State under section 698 .\n(sec.697-ssec.7) In this section— animal , includes offspring of an animal, born while the animal is in the possession of the police service.\n- (a) after considering any representations made by the person, the commissioner gives the person the letter of demand; and\n- (b) the person fails to pay the amount stated in the letter of demand within the time stated in the letter of demand;\n- (a) of the consequences of failing to reply to the letter of demand; and\n- (b) that the person may appeal against the letter of demand to a Magistrates court.","sortOrder":1294},{"sectionNumber":"sec.698","sectionType":"section","heading":"Voluntary surrender of animal to State","content":"### sec.698 Voluntary surrender of animal to State\n\nA person who is given a letter of demand under section 697 may agree to surrender the animal to which the letter of demand relates to the State.\nThe agreement must be written and witnessed by a person who may witness a statutory declaration.\nIf the State agrees to the surrender of the animal—\nthe animal becomes the property of the State; and\nthe commissioner may sell or dispose of the animal in the way the commissioner considers appropriate.\nIf the commissioner sells the animal, the proceeds of the sale after paying any costs of the sale must be applied as follows—\nin payment of the commissioner’s costs of keeping the animal while in the possession of the police service;\nin payment of any balance to the consolidated fund.\ns 698 ins 2006 No. 26 s 73\n(sec.698-ssec.1) A person who is given a letter of demand under section 697 may agree to surrender the animal to which the letter of demand relates to the State.\n(sec.698-ssec.2) The agreement must be written and witnessed by a person who may witness a statutory declaration.\n(sec.698-ssec.3) If the State agrees to the surrender of the animal— the animal becomes the property of the State; and the commissioner may sell or dispose of the animal in the way the commissioner considers appropriate.\n(sec.698-ssec.4) If the commissioner sells the animal, the proceeds of the sale after paying any costs of the sale must be applied as follows— in payment of the commissioner’s costs of keeping the animal while in the possession of the police service; in payment of any balance to the consolidated fund.\n- (a) the animal becomes the property of the State; and\n- (b) the commissioner may sell or dispose of the animal in the way the commissioner considers appropriate.\n- (a) in payment of the commissioner’s costs of keeping the animal while in the possession of the police service;\n- (b) in payment of any balance to the consolidated fund.","sortOrder":1295},{"sectionNumber":"sec.699","sectionType":"section","heading":"Appeal if letter of demand given under s 697","content":"### sec.699 Appeal if letter of demand given under s 697\n\nWithin 28 days after being given a letter of demand under section 697 , a person dissatisfied with the demand may appeal to a Magistrates Court against the demand.\nSubsection (1) applies whether or not the amount stated in the letter of demand is more than the maximum amount that may be recovered in a personal action in the civil jurisdiction of a Magistrates Court.\nThe appeal must be started by—\nfiling a written notice of appeal with the Magistrates Court; and\nserving a copy of the notice on the commissioner.\nOn the filing of the notice of appeal, section 697 (4) stops having effect.\ns 699 ins 2006 No. 26 s 73\n(sec.699-ssec.1) Within 28 days after being given a letter of demand under section 697 , a person dissatisfied with the demand may appeal to a Magistrates Court against the demand.\n(sec.699-ssec.2) Subsection (1) applies whether or not the amount stated in the letter of demand is more than the maximum amount that may be recovered in a personal action in the civil jurisdiction of a Magistrates Court.\n(sec.699-ssec.3) The appeal must be started by— filing a written notice of appeal with the Magistrates Court; and serving a copy of the notice on the commissioner.\n(sec.699-ssec.4) On the filing of the notice of appeal, section 697 (4) stops having effect.\n- (a) filing a written notice of appeal with the Magistrates Court; and\n- (b) serving a copy of the notice on the commissioner.","sortOrder":1296},{"sectionNumber":"sec.700","sectionType":"section","heading":"Deciding appeal","content":"### sec.700 Deciding appeal\n\nIn deciding the appeal, the Magistrates Court—\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nThe Magistrates Court may—\nconfirm the commissioner’s decision; or\nset aside the commissioner’s decision; or\nset aside the commissioner’s decision and substitute another decision the court considers appropriate.\nIf the Magistrates Court confirms the commissioner’s decision, section 697 (4) has effect in relation to the confirmed decision as if the date for payment of the amount required to be paid under the letter of demand were a date that is 28 days after the date of the Magistrates Court’s decision.\nIf the Magistrates Court substitutes, for the commissioner’s decision, another decision requiring the payment of an amount—\nthe amount payable must be paid within 28 days of the decision; and\nif any part of the amount is not paid, section 697 (4) , to the extent it relates to the recovery of an unpaid amount, applies to the amount.\ns 700 ins 2006 No. 26 s 73\n(sec.700-ssec.1) In deciding the appeal, the Magistrates Court— is not bound by the rules of evidence; and must comply with natural justice.\n(sec.700-ssec.2) The Magistrates Court may— confirm the commissioner’s decision; or set aside the commissioner’s decision; or set aside the commissioner’s decision and substitute another decision the court considers appropriate.\n(sec.700-ssec.3) If the Magistrates Court confirms the commissioner’s decision, section 697 (4) has effect in relation to the confirmed decision as if the date for payment of the amount required to be paid under the letter of demand were a date that is 28 days after the date of the Magistrates Court’s decision.\n(sec.700-ssec.4) If the Magistrates Court substitutes, for the commissioner’s decision, another decision requiring the payment of an amount— the amount payable must be paid within 28 days of the decision; and if any part of the amount is not paid, section 697 (4) , to the extent it relates to the recovery of an unpaid amount, applies to the amount.\n- (a) is not bound by the rules of evidence; and\n- (b) must comply with natural justice.\n- (a) confirm the commissioner’s decision; or\n- (b) set aside the commissioner’s decision; or\n- (c) set aside the commissioner’s decision and substitute another decision the court considers appropriate.\n- (a) the amount payable must be paid within 28 days of the decision; and\n- (b) if any part of the amount is not paid, section 697 (4) , to the extent it relates to the recovery of an unpaid amount, applies to the amount.","sortOrder":1297},{"sectionNumber":"sec.701","sectionType":"section","heading":"Disposal of seized things at end of proceeding","content":"### sec.701 Disposal of seized things at end of proceeding\n\nAt the end of a proceeding, a court, in relation to a seized thing, may make any of the following orders—\nan order for the return, forfeiture, destruction or disposal of the thing;\nan order that the thing be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding;\nan order that the police service retain the thing until it is dealt with according to law.\nA thing that is forfeited under an order under this Act becomes the property of the State.\ns 701 ins 2000 No. 22 s 25\n(sec.701-ssec.1) At the end of a proceeding, a court, in relation to a seized thing, may make any of the following orders— an order for the return, forfeiture, destruction or disposal of the thing; an order that the thing be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding; an order that the police service retain the thing until it is dealt with according to law.\n(sec.701-ssec.2) A thing that is forfeited under an order under this Act becomes the property of the State.\n- (a) an order for the return, forfeiture, destruction or disposal of the thing;\n- (b) an order that the thing be dealt with by way of a proceeding under section 693 or 694 or a forfeiture proceeding;\n- (c) an order that the police service retain the thing until it is dealt with according to law.","sortOrder":1298},{"sectionNumber":"sec.702","sectionType":"section","heading":"Commissioner to decide way of destruction or disposal","content":"### sec.702 Commissioner to decide way of destruction or disposal\n\nThis section applies if an order is made for the disposal or destruction of a thing under section 694 , 696 or 701 .\nSubject to any direction in the order, the commissioner must decide how the thing is to be disposed of or destroyed.\nHowever, if the value of the thing is more than the amount prescribed under a regulation for this section, the commissioner must first obtain the Minister’s approval to the proposed disposal or destruction.\nThe commissioner may give a hydroponics system previously used for growing dangerous drugs to a school for use for an agricultural purpose.\nThe commissioner may give stolen clothes to a charitable organisation whose charter is to assist the poor.\ns 702 ins 2000 No. 22 s 25\n(sec.702-ssec.1) This section applies if an order is made for the disposal or destruction of a thing under section 694 , 696 or 701 .\n(sec.702-ssec.2) Subject to any direction in the order, the commissioner must decide how the thing is to be disposed of or destroyed.\n(sec.702-ssec.3) However, if the value of the thing is more than the amount prescribed under a regulation for this section, the commissioner must first obtain the Minister’s approval to the proposed disposal or destruction. The commissioner may give a hydroponics system previously used for growing dangerous drugs to a school for use for an agricultural purpose. The commissioner may give stolen clothes to a charitable organisation whose charter is to assist the poor.\n- 1 The commissioner may give a hydroponics system previously used for growing dangerous drugs to a school for use for an agricultural purpose.\n- 2 The commissioner may give stolen clothes to a charitable organisation whose charter is to assist the poor.","sortOrder":1299},{"sectionNumber":"ch.21-pt.3-div.3","sectionType":"division","heading":"Dealing with controlled drugs, dangerous drugs etc.","content":"## Dealing with controlled drugs, dangerous drugs etc.","sortOrder":1300},{"sectionNumber":"sec.703","sectionType":"section","heading":"Application of div 3","content":"### sec.703 Application of div 3\n\nThis division applies if—\na police officer seizes drug matter; or\ndrug matter otherwise comes into the possession of the police service.\ns 703 ins 2000 No. 22 s 25\nsub 2006 No. 26 s 74\n- (a) a police officer seizes drug matter; or\n- (b) drug matter otherwise comes into the possession of the police service.","sortOrder":1301},{"sectionNumber":"sec.704","sectionType":"section","heading":"Definition for div 3","content":"### sec.704 Definition for div 3\n\nIn this division—\ndrug matter means—\nan S8 medicine under the Medicines and Poisons Act 2019 ; or\na controlled substance under the Drugs Misuse Act 1986 ; or\na dangerous drug; or\na thing intended for use, or that was used, in the commission of a drug offence.\ns 704 ins 2000 No. 22 s 25\nsub 2006 No. 26 s 74\namd 2019 No. 26 s 290 sch 2\n- (a) an S8 medicine under the Medicines and Poisons Act 2019 ; or\n- (b) a controlled substance under the Drugs Misuse Act 1986 ; or\n- (c) a dangerous drug; or\n- (d) a thing intended for use, or that was used, in the commission of a drug offence.","sortOrder":1302},{"sectionNumber":"sec.705","sectionType":"section","heading":"Destruction of drug matter soon after it is seized etc.","content":"### sec.705 Destruction of drug matter soon after it is seized etc.\n\nA police officer may destroy drug matter where it is found or move it, or arrange for it to be moved, to another place where it can safely be destroyed if—\na police officer is satisfied it is not reasonably practicable to take the drug matter to a property point or to keep it at a police station; and\nthe police officer reasonably believes that unless the drug matter is destroyed there is a risk it may be used in the commission of an offence.\nIt may be necessary to destroy a large plantation of cannabis plants after taking samples of the plants because it is impractical to transport them to a property point for storage and leaving them where they are may lead to the commission of an offence.\nAlso, a police officer may destroy drug matter where it is found, or move it, or arrange for it to be moved to another place where it can safely be destroyed if it may be dangerous to take it, or any part of it, to a property point or to keep it at a police station.\nThis section applies even though—\na proceeding for an offence in which the drug matter may be relevant has not been started or, if started, has not been decided; and\nany notice of the proposed destruction of the drug matter that is required to be given under section 710 has not been given.\ns 705 ins 2000 No. 22 s 25\nsub 2006 No. 26 s 74\namd 2007 No. 1 s 18 ; 2018 No. 20 s 34\n(sec.705-ssec.1) A police officer may destroy drug matter where it is found or move it, or arrange for it to be moved, to another place where it can safely be destroyed if— a police officer is satisfied it is not reasonably practicable to take the drug matter to a property point or to keep it at a police station; and the police officer reasonably believes that unless the drug matter is destroyed there is a risk it may be used in the commission of an offence. It may be necessary to destroy a large plantation of cannabis plants after taking samples of the plants because it is impractical to transport them to a property point for storage and leaving them where they are may lead to the commission of an offence.\n(sec.705-ssec.2) Also, a police officer may destroy drug matter where it is found, or move it, or arrange for it to be moved to another place where it can safely be destroyed if it may be dangerous to take it, or any part of it, to a property point or to keep it at a police station.\n(sec.705-ssec.3) This section applies even though— a proceeding for an offence in which the drug matter may be relevant has not been started or, if started, has not been decided; and any notice of the proposed destruction of the drug matter that is required to be given under section 710 has not been given.\n- (a) a police officer is satisfied it is not reasonably practicable to take the drug matter to a property point or to keep it at a police station; and\n- (b) the police officer reasonably believes that unless the drug matter is destroyed there is a risk it may be used in the commission of an offence. Example for paragraph (a) — It may be necessary to destroy a large plantation of cannabis plants after taking samples of the plants because it is impractical to transport them to a property point for storage and leaving them where they are may lead to the commission of an offence.\n- (a) a proceeding for an offence in which the drug matter may be relevant has not been started or, if started, has not been decided; and\n- (b) any notice of the proposed destruction of the drug matter that is required to be given under section 710 has not been given.","sortOrder":1303},{"sectionNumber":"sec.705A","sectionType":"section","heading":"Disposal of things used for administering etc. dangerous drugs","content":"### sec.705A Disposal of things used for administering etc. dangerous drugs\n\nWithout limiting section 705 , the commissioner may destroy drug matter that the commissioner is reasonably satisfied—\nis for use or has been used in the administration, consumption or smoking of a dangerous drug; and\nis no longer required as evidence in a proceeding.\nThe commissioner may destroy the drug matter in a way that prevents it being used in the commission of an offence.\nDrug matter that is a hypodermic syringe or needle and is disposed of in a way required under the Drugs Misuse Regulation 1987 is taken to have been destroyed.\nThis section applies even though a proceeding for an offence in which the drug matter may be relevant has not been started or, if started, has not been decided.\ns 705A ins 2007 No. 1 s 19\n(sec.705A-ssec.1) Without limiting section 705 , the commissioner may destroy drug matter that the commissioner is reasonably satisfied— is for use or has been used in the administration, consumption or smoking of a dangerous drug; and is no longer required as evidence in a proceeding.\n(sec.705A-ssec.2) The commissioner may destroy the drug matter in a way that prevents it being used in the commission of an offence.\n(sec.705A-ssec.3) Drug matter that is a hypodermic syringe or needle and is disposed of in a way required under the Drugs Misuse Regulation 1987 is taken to have been destroyed.\n(sec.705A-ssec.4) This section applies even though a proceeding for an offence in which the drug matter may be relevant has not been started or, if started, has not been decided.\n- (a) is for use or has been used in the administration, consumption or smoking of a dangerous drug; and\n- (b) is no longer required as evidence in a proceeding.","sortOrder":1304},{"sectionNumber":"sec.706","sectionType":"section","heading":"Steps police officer must take before destroying drug matter under s 705","content":"### sec.706 Steps police officer must take before destroying drug matter under s 705\n\nBefore destroying drug matter under section 705 , a police officer must photograph the drug matter where it is found.\nFor drug matter other than a thing intended for use, or that was used, in the commission of a drug offence, the police officer must, if practicable—\nweigh the drug matter, or for plants, count the number of plants; and\nretain a representative sample of the drug matter.\nThis section does not apply to drug matter if section 707 applies to the drug matter.\ns 706 ins 2000 No. 22 s 25\nsub 2006 No. 26 s 74\n(sec.706-ssec.1) Before destroying drug matter under section 705 , a police officer must photograph the drug matter where it is found.\n(sec.706-ssec.2) For drug matter other than a thing intended for use, or that was used, in the commission of a drug offence, the police officer must, if practicable— weigh the drug matter, or for plants, count the number of plants; and retain a representative sample of the drug matter.\n(sec.706-ssec.3) This section does not apply to drug matter if section 707 applies to the drug matter.\n- (a) weigh the drug matter, or for plants, count the number of plants; and\n- (b) retain a representative sample of the drug matter.","sortOrder":1305},{"sectionNumber":"sec.707","sectionType":"section","heading":"Alternative to destruction if drug matter is thing used in the commission of a drug offence","content":"### sec.707 Alternative to destruction if drug matter is thing used in the commission of a drug offence\n\nThis section applies despite section 705 .\nIf the commissioner is reasonably satisfied drug matter in the possession of the police service is a thing used or intended for use in the commission of a drug offence that may be destroyed under section 705 , the commissioner may direct that the thing first be photographed and then disposed of in the way the commissioner considers appropriate instead of destroying it under section 705 .\nThe commissioner may give a hydroponics system previously used for growing dangerous drugs to a school for use for an agricultural purpose.\nFor subsection (2) , the commissioner may consider it appropriate that—\ndrug matter that is a batch of a dangerous drug be disposed of by giving the drug matter to the chief executive (corrective services) for training purposes under the Corrective Services Act 2006 , chapter 6 , part 13A ; or\ndrug matter be disposed of by giving the drug matter to the chief executive officer, however described, of any of the following entities for the purposes of an illicit drug profiling program or project, however described—\nthe Australian Federal Police;\na police service of another State;\nan entity established under the law of the Commonwealth or a State to investigate corruption or crime.\nSubsection (3) does not limit the ways that the commissioner may consider are appropriate for disposing of the drug matter.\ns 707 ins 2006 No. 26 s 74\namd 2009 No. 30 s 45 ; 2021 No. 24 s 40\n(sec.707-ssec.1) This section applies despite section 705 .\n(sec.707-ssec.2) If the commissioner is reasonably satisfied drug matter in the possession of the police service is a thing used or intended for use in the commission of a drug offence that may be destroyed under section 705 , the commissioner may direct that the thing first be photographed and then disposed of in the way the commissioner considers appropriate instead of destroying it under section 705 . The commissioner may give a hydroponics system previously used for growing dangerous drugs to a school for use for an agricultural purpose.\n(sec.707-ssec.3) For subsection (2) , the commissioner may consider it appropriate that— drug matter that is a batch of a dangerous drug be disposed of by giving the drug matter to the chief executive (corrective services) for training purposes under the Corrective Services Act 2006 , chapter 6 , part 13A ; or drug matter be disposed of by giving the drug matter to the chief executive officer, however described, of any of the following entities for the purposes of an illicit drug profiling program or project, however described— the Australian Federal Police; a police service of another State; an entity established under the law of the Commonwealth or a State to investigate corruption or crime.\n(sec.707-ssec.4) Subsection (3) does not limit the ways that the commissioner may consider are appropriate for disposing of the drug matter.\n- (a) drug matter that is a batch of a dangerous drug be disposed of by giving the drug matter to the chief executive (corrective services) for training purposes under the Corrective Services Act 2006 , chapter 6 , part 13A ; or\n- (b) drug matter be disposed of by giving the drug matter to the chief executive officer, however described, of any of the following entities for the purposes of an illicit drug profiling program or project, however described— (i) the Australian Federal Police; (ii) a police service of another State; (iii) an entity established under the law of the Commonwealth or a State to investigate corruption or crime.\n- (i) the Australian Federal Police;\n- (ii) a police service of another State;\n- (iii) an entity established under the law of the Commonwealth or a State to investigate corruption or crime.\n- (i) the Australian Federal Police;\n- (ii) a police service of another State;\n- (iii) an entity established under the law of the Commonwealth or a State to investigate corruption or crime.","sortOrder":1306},{"sectionNumber":"sec.708","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.708 Application of sdiv 3\n\nThis subdivision applies to drug matter that is not destroyed under subdivision 2 .\ns 708 ins 2006 No. 26 s 74","sortOrder":1307},{"sectionNumber":"sec.709","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.709 Definitions for sdiv 3\n\nIn this subdivision—\nanalyst’s certificate means a certificate of a kind mentioned in the Drugs Misuse Act 1986 , section 128 .\ndestruction notice see section 710 .\ndrug matter does not include a thing intended for use, or that was used, in the commission of a drug offence.\nindependent analyst see section 711 .\ns 709 ins 2006 No. 26 s 74","sortOrder":1308},{"sectionNumber":"sec.710","sectionType":"section","heading":"Destruction notice may be given to person","content":"### sec.710 Destruction notice may be given to person\n\nA police officer may give a person the police officer reasonably suspects has committed an offence in which drug matter is involved a written notice under this section ( destruction notice ).\nA destruction notice given to a person whose name and location are known must be in the approved form.\nHowever, if the person’s name and location are not known or the person can not be located, the destruction notice may be given by making the information required to be stated in the approved form available on the police service website to the extent the information is known.\nA destruction notice given to a child under subsection (3) must not identify the child but must be given in a way that is enough for the child or the child’s lawyer to identify the notice as relating to the child and the offence of which the drug matter is evidence.\nAlso, a destruction notice given to a person under subsection (3) is taken to have been given to the person as soon as it may be viewed by a person using the internet, whether or not the person to whom the notice relates knows the notice has actually been made accessible.\ns 710 ins 2006 No. 26 s 74\n(sec.710-ssec.1) A police officer may give a person the police officer reasonably suspects has committed an offence in which drug matter is involved a written notice under this section ( destruction notice ).\n(sec.710-ssec.2) A destruction notice given to a person whose name and location are known must be in the approved form.\n(sec.710-ssec.3) However, if the person’s name and location are not known or the person can not be located, the destruction notice may be given by making the information required to be stated in the approved form available on the police service website to the extent the information is known.\n(sec.710-ssec.4) A destruction notice given to a child under subsection (3) must not identify the child but must be given in a way that is enough for the child or the child’s lawyer to identify the notice as relating to the child and the offence of which the drug matter is evidence.\n(sec.710-ssec.5) Also, a destruction notice given to a person under subsection (3) is taken to have been given to the person as soon as it may be viewed by a person using the internet, whether or not the person to whom the notice relates knows the notice has actually been made accessible.","sortOrder":1309},{"sectionNumber":"sec.711","sectionType":"section","heading":"What destruction notice must state","content":"### sec.711 What destruction notice must state\n\nA destruction notice in relation to particular drug matter must state the following—\nthat the commissioner possesses an analyst’s certificate relating to the drug matter;\nwhat the analyst’s certificate states the drug matter is;\nthat within 30 days after the notice is given, the person may, by written notice ( analysis request ), require the commissioner to make a representative sample of the drug matter available to an appropriately qualified person ( independent analyst ) for analysis;\nthat the analysis request must state the name, address and qualifications of the independent analyst;\nthat if the person gives the commissioner an analysis request and the commissioner makes a representative sample of the drug matter available under section 712 for analysis by an independent analyst, the person must pay the costs of the independent analyst’s analysis of the representative sample;\nthat, if the person does not give the commissioner an analysis request within the 30 days, the commissioner may destroy the drug matter.\ns 711 ins 2006 No. 26 s 74\n- (a) that the commissioner possesses an analyst’s certificate relating to the drug matter;\n- (b) what the analyst’s certificate states the drug matter is;\n- (c) that within 30 days after the notice is given, the person may, by written notice ( analysis request ), require the commissioner to make a representative sample of the drug matter available to an appropriately qualified person ( independent analyst ) for analysis;\n- (d) that the analysis request must state the name, address and qualifications of the independent analyst;\n- (e) that if the person gives the commissioner an analysis request and the commissioner makes a representative sample of the drug matter available under section 712 for analysis by an independent analyst, the person must pay the costs of the independent analyst’s analysis of the representative sample;\n- (f) that, if the person does not give the commissioner an analysis request within the 30 days, the commissioner may destroy the drug matter.","sortOrder":1310},{"sectionNumber":"sec.712","sectionType":"section","heading":"Making sample of drug matter available","content":"### sec.712 Making sample of drug matter available\n\nIf, after receiving an analysis request, the commissioner is satisfied the independent analyst named in the analysis request has the qualifications necessary to analyse the drug matter, the commissioner may make a representative sample of the drug matter available to the independent analyst for analysis, within 5 business days, at a time and place decided by the commissioner and on the conditions the commissioner considers appropriate.\nHowever, if the commissioner is not satisfied the independent analyst has the qualifications necessary to analyse the drug matter, the commissioner may require the person who made the analysis request to name another independent analyst within 30 days.\nIf, within the 30 days, the person names another independent analyst and the commissioner is satisfied the independent analyst has the qualifications necessary to analyse the drug matter, the commissioner may make a representative sample available to the independent analyst under subsection (1) .\ns 712 ins 2006 No. 26 s 74\n(sec.712-ssec.1) If, after receiving an analysis request, the commissioner is satisfied the independent analyst named in the analysis request has the qualifications necessary to analyse the drug matter, the commissioner may make a representative sample of the drug matter available to the independent analyst for analysis, within 5 business days, at a time and place decided by the commissioner and on the conditions the commissioner considers appropriate.\n(sec.712-ssec.2) However, if the commissioner is not satisfied the independent analyst has the qualifications necessary to analyse the drug matter, the commissioner may require the person who made the analysis request to name another independent analyst within 30 days.\n(sec.712-ssec.3) If, within the 30 days, the person names another independent analyst and the commissioner is satisfied the independent analyst has the qualifications necessary to analyse the drug matter, the commissioner may make a representative sample available to the independent analyst under subsection (1) .","sortOrder":1311},{"sectionNumber":"sec.713","sectionType":"section","heading":"When drug matter may be destroyed","content":"### sec.713 When drug matter may be destroyed\n\nThe commissioner may destroy drug matter to which a destruction notice relates if the person given the destruction notice does not name an independent analyst to analyse a representative sample within the time stated in the destruction notice or under 712.\nAlso, if the commissioner makes a representative sample of drug matter available to an independent analyst under section 712 (1) , the commissioner may destroy the drug matter from which the representative sample was made available at the end of 10 business days after the day the commissioner made the representative sample available to the independent analyst.\nHowever, if, within the 5 business days after the independent analyst completes the analysis, the person to whom the destruction notice is given gives to the commissioner a written notice disputing the analysis in the analyst’s certificate, the commissioner must not destroy the drug matter until any proceeding for the offence to which the analyst’s certificate relates is finally decided.\nThis section does not limit section 707 (3) or 733 .\ns 713 ins 2006 No. 26 s 74\namd 2009 No. 30 s 46\n(sec.713-ssec.1) The commissioner may destroy drug matter to which a destruction notice relates if the person given the destruction notice does not name an independent analyst to analyse a representative sample within the time stated in the destruction notice or under 712.\n(sec.713-ssec.2) Also, if the commissioner makes a representative sample of drug matter available to an independent analyst under section 712 (1) , the commissioner may destroy the drug matter from which the representative sample was made available at the end of 10 business days after the day the commissioner made the representative sample available to the independent analyst.\n(sec.713-ssec.3) However, if, within the 5 business days after the independent analyst completes the analysis, the person to whom the destruction notice is given gives to the commissioner a written notice disputing the analysis in the analyst’s certificate, the commissioner must not destroy the drug matter until any proceeding for the offence to which the analyst’s certificate relates is finally decided.\n(sec.713-ssec.4) This section does not limit section 707 (3) or 733 .","sortOrder":1312},{"sectionNumber":"ch.21-pt.3-div.4","sectionType":"division","heading":"Dealing with weapons","content":"## Dealing with weapons","sortOrder":1313},{"sectionNumber":"sec.714","sectionType":"section","heading":"Disposal of weapons","content":"### sec.714 Disposal of weapons\n\nAt any time after the appointed day, a police officer may deliver a relevant thing that is a weapon that has not been forfeited to the State—\nif a police officer is satisfied a person is the owner of the weapon, or would be lawfully entitled to possess it if that person complies with the Weapons Act 1990 —\nto the owner or person lawfully entitled to possess it; or\nif the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or\nif a court order is made for the delivery of the weapon to a person under section 696 or 701 —to that person.\nHowever, a weapon may be delivered to a person mentioned in subsection (1) only if that person satisfies the police officer who holds or has custody of the weapon that the person may lawfully possess the weapon.\nIf the weapon has not been delivered to any person under subsection (1) within 3 months after the appointed day or the longer period the commissioner decides in a particular case, the weapon is forfeited to the State.\ns 714 ins 2000 No. 22 s 25\n(sec.714-ssec.1) At any time after the appointed day, a police officer may deliver a relevant thing that is a weapon that has not been forfeited to the State— if a police officer is satisfied a person is the owner of the weapon, or would be lawfully entitled to possess it if that person complies with the Weapons Act 1990 — to the owner or person lawfully entitled to possess it; or if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or if a court order is made for the delivery of the weapon to a person under section 696 or 701 —to that person.\n(sec.714-ssec.2) However, a weapon may be delivered to a person mentioned in subsection (1) only if that person satisfies the police officer who holds or has custody of the weapon that the person may lawfully possess the weapon.\n(sec.714-ssec.3) If the weapon has not been delivered to any person under subsection (1) within 3 months after the appointed day or the longer period the commissioner decides in a particular case, the weapon is forfeited to the State.\n- (a) if a police officer is satisfied a person is the owner of the weapon, or would be lawfully entitled to possess it if that person complies with the Weapons Act 1990 — (i) to the owner or person lawfully entitled to possess it; or (ii) if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or\n- (i) to the owner or person lawfully entitled to possess it; or\n- (ii) if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or\n- (b) if a court order is made for the delivery of the weapon to a person under section 696 or 701 —to that person.\n- (i) to the owner or person lawfully entitled to possess it; or\n- (ii) if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or","sortOrder":1314},{"sectionNumber":"sec.715","sectionType":"section","heading":"What is the appointed day for disposal of weapons under s 714","content":"### sec.715 What is the appointed day for disposal of weapons under s 714\n\nThe appointed day for disposal of weapons is—\nfor a weapon seized because of a contravention or suspected contravention of the Weapons Act 1990 , the later of the following—\nthe day all proceedings relating to the offence or suspected offence are finally decided;\nthe day 6 months after the day the weapon was seized; or\nfor a weapon given to a police officer under the Weapons Act 1990 , section 29B because a domestic violence order was made, a police protection direction or police protection notice was issued or release conditions were imposed—the day that is 3 months after the day the order is made, the direction or notice is issued or conditions are imposed; or\nfor a weapon given to or seized by a police officer under the Weapons Act 1990 , section 141W because a firearm prohibition order was made—the day that is 3 months after the day the order takes effect; or\notherwise, the day the weapon was seized.\ns 715 ins 2000 No. 22 s 25\namd 2006 No. 26 s 75 ; 2016 No. 51 s 64 ; 2024 No. 45 s 46; 2025 No. 18 s 66\n- (a) for a weapon seized because of a contravention or suspected contravention of the Weapons Act 1990 , the later of the following— (i) the day all proceedings relating to the offence or suspected offence are finally decided; (ii) the day 6 months after the day the weapon was seized; or\n- (i) the day all proceedings relating to the offence or suspected offence are finally decided;\n- (ii) the day 6 months after the day the weapon was seized; or\n- (b) for a weapon given to a police officer under the Weapons Act 1990 , section 29B because a domestic violence order was made, a police protection direction or police protection notice was issued or release conditions were imposed—the day that is 3 months after the day the order is made, the direction or notice is issued or conditions are imposed; or\n- (c) for a weapon given to or seized by a police officer under the Weapons Act 1990 , section 141W because a firearm prohibition order was made—the day that is 3 months after the day the order takes effect; or\n- (d) otherwise, the day the weapon was seized.\n- (i) the day all proceedings relating to the offence or suspected offence are finally decided;\n- (ii) the day 6 months after the day the weapon was seized; or","sortOrder":1315},{"sectionNumber":"ch.21-pt.3-div.4AA","sectionType":"division","heading":"Dealing with proscribed things","content":"## Dealing with proscribed things","sortOrder":1316},{"sectionNumber":"sec.715AA","sectionType":"section","heading":"Disposal of proscribed things","content":"### sec.715AA Disposal of proscribed things\n\nAt any time after the appointed day, a protective services officer may deliver a relevant thing that is a proscribed thing that has not been forfeited to the State—\nif a protective services officer is satisfied a person is the owner of the proscribed thing, or would be lawfully entitled to possess it if that person complies with the Weapons Act 1990 —\nto the owner or person lawfully entitled to possess it; or\nif the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or\nif a court order is made for the delivery of the proscribed thing to a person under section 701 —to that person.\nHowever, a proscribed thing may be delivered to a person mentioned in subsection (1) only if that person satisfies the protective services officer who holds or has custody of the proscribed thing that the person may lawfully possess the proscribed thing.\nIf the proscribed thing has not been delivered to any person under subsection (1) within 3 months after the appointed day or the longer period the commissioner decides in a particular case, the proscribed thing is forfeited to the State.\ns 715AA ins 2022 No. 9 s 18\n(sec.715AA-ssec.1) At any time after the appointed day, a protective services officer may deliver a relevant thing that is a proscribed thing that has not been forfeited to the State— if a protective services officer is satisfied a person is the owner of the proscribed thing, or would be lawfully entitled to possess it if that person complies with the Weapons Act 1990 — to the owner or person lawfully entitled to possess it; or if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or if a court order is made for the delivery of the proscribed thing to a person under section 701 —to that person.\n(sec.715AA-ssec.2) However, a proscribed thing may be delivered to a person mentioned in subsection (1) only if that person satisfies the protective services officer who holds or has custody of the proscribed thing that the person may lawfully possess the proscribed thing.\n(sec.715AA-ssec.3) If the proscribed thing has not been delivered to any person under subsection (1) within 3 months after the appointed day or the longer period the commissioner decides in a particular case, the proscribed thing is forfeited to the State.\n- (a) if a protective services officer is satisfied a person is the owner of the proscribed thing, or would be lawfully entitled to possess it if that person complies with the Weapons Act 1990 — (i) to the owner or person lawfully entitled to possess it; or (ii) if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or\n- (i) to the owner or person lawfully entitled to possess it; or\n- (ii) if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or\n- (b) if a court order is made for the delivery of the proscribed thing to a person under section 701 —to that person.\n- (i) to the owner or person lawfully entitled to possess it; or\n- (ii) if the owner or person lawfully entitled to possess it nominates another person to possess it, to that person; or","sortOrder":1317},{"sectionNumber":"sec.715AB","sectionType":"section","heading":"What is the appointed day for disposal of proscribed thing under s 715AA","content":"### sec.715AB What is the appointed day for disposal of proscribed thing under s 715AA\n\nThe appointed day for disposal of proscribed things is—\nfor a proscribed thing seized because of a contravention or suspected contravention of the Weapons Act 1990 , the later of the following—\nthe day all proceedings relating to the offence or suspected offence are finally decided;\nthe day 6 months after the day the proscribed thing was seized; or\notherwise, the day the proscribed thing was seized.\ns 715AB ins 2022 No. 9 s 18\n- (a) for a proscribed thing seized because of a contravention or suspected contravention of the Weapons Act 1990 , the later of the following— (i) the day all proceedings relating to the offence or suspected offence are finally decided; (ii) the day 6 months after the day the proscribed thing was seized; or\n- (i) the day all proceedings relating to the offence or suspected offence are finally decided;\n- (ii) the day 6 months after the day the proscribed thing was seized; or\n- (b) otherwise, the day the proscribed thing was seized.\n- (i) the day all proceedings relating to the offence or suspected offence are finally decided;\n- (ii) the day 6 months after the day the proscribed thing was seized; or","sortOrder":1318},{"sectionNumber":"ch.21-pt.3-div.4A","sectionType":"division","heading":"Dealing with explosives","content":"## Dealing with explosives","sortOrder":1319},{"sectionNumber":"sec.715A","sectionType":"section","heading":"Commissioner may authorise police officers to destroy explosives","content":"### sec.715A Commissioner may authorise police officers to destroy explosives\n\nThe commissioner may authorise a police officer to destroy relevant things that are explosives, if the police officer—\nhas the necessary experience or expertise to be able to destroy explosives; or\nhas satisfactorily completed a course of training about the destruction of explosives approved by the commissioner.\ns 715A ins 2017 No. 30 s 25\n- (a) has the necessary experience or expertise to be able to destroy explosives; or\n- (b) has satisfactorily completed a course of training about the destruction of explosives approved by the commissioner.","sortOrder":1320},{"sectionNumber":"sec.715B","sectionType":"section","heading":"Destruction of explosives","content":"### sec.715B Destruction of explosives\n\nThis section applies in relation to a relevant thing that is an explosive.\nAn approved officer may destroy the explosive where it is found or move it, or arrange for it to be moved, to another place where it can safely be destroyed, if—\nthe approved officer is satisfied it is not reasonably practicable to take the explosive to a property point or to keep it at a police station; or\nit may be dangerous to take the explosive to a property point or to keep it at a police station.\nBefore destroying the explosive, a police officer must, if reasonably practicable, photograph the explosive where it is found.\nThis section applies even though a proceeding for an offence in which the explosive may be relevant has not been started or, if started, has not been decided.\nHowever, this section does not apply if a declaration has been made under the Public Safety Preservation Act 1986 , section 5 , 8G or 12 in relation to the explosive.\ns 715B ins 2017 No. 30 s 25\n(sec.715B-ssec.1) This section applies in relation to a relevant thing that is an explosive.\n(sec.715B-ssec.2) An approved officer may destroy the explosive where it is found or move it, or arrange for it to be moved, to another place where it can safely be destroyed, if— the approved officer is satisfied it is not reasonably practicable to take the explosive to a property point or to keep it at a police station; or it may be dangerous to take the explosive to a property point or to keep it at a police station.\n(sec.715B-ssec.3) Before destroying the explosive, a police officer must, if reasonably practicable, photograph the explosive where it is found.\n(sec.715B-ssec.4) This section applies even though a proceeding for an offence in which the explosive may be relevant has not been started or, if started, has not been decided.\n(sec.715B-ssec.5) However, this section does not apply if a declaration has been made under the Public Safety Preservation Act 1986 , section 5 , 8G or 12 in relation to the explosive.\n- (a) the approved officer is satisfied it is not reasonably practicable to take the explosive to a property point or to keep it at a police station; or\n- (b) it may be dangerous to take the explosive to a property point or to keep it at a police station.","sortOrder":1321},{"sectionNumber":"ch.21-pt.3-div.5","sectionType":"division","heading":"Dealing with other things","content":"## Dealing with other things","sortOrder":1322},{"sectionNumber":"sec.716","sectionType":"section","heading":"Perishable things","content":"### sec.716 Perishable things\n\nThis section applies to a relevant thing that is perishable if—\nthe thing can not be returned to its owner or the person who had lawful possession of it before it came into the possession of the police service; or\nits owner or the person who had lawful possession of the thing before it came into the possession of the police service can not be contacted to obtain directions about how to deal with the thing.\nThe commissioner may dispose of the thing in a way that—\ndoes not cause an actual or apparent conflict of interest in the commissioner or someone in a position to influence how the thing may be disposed of; and\nA conflict of interest may be apparent if a friend, relative or business associate of a person in a position to influence how a thing may be disposed of may benefit from the disposal of the thing.\nbenefits the community generally or a community group.\nVegetables that are suspected of being stolen may be given to a community organisation running a kitchen to feed the homeless.\nIf the commissioner reasonably suspects the relevant thing is unfit for human consumption or it is impracticable to dispose of the thing in a way that satisfies subsection (2) , the commissioner must dispose of it in a way that does not cause danger to anyone or the community generally.\ns 716 ins 2000 No. 22 s 25\n(sec.716-ssec.1) This section applies to a relevant thing that is perishable if— the thing can not be returned to its owner or the person who had lawful possession of it before it came into the possession of the police service; or its owner or the person who had lawful possession of the thing before it came into the possession of the police service can not be contacted to obtain directions about how to deal with the thing.\n(sec.716-ssec.2) The commissioner may dispose of the thing in a way that— does not cause an actual or apparent conflict of interest in the commissioner or someone in a position to influence how the thing may be disposed of; and A conflict of interest may be apparent if a friend, relative or business associate of a person in a position to influence how a thing may be disposed of may benefit from the disposal of the thing. benefits the community generally or a community group. Vegetables that are suspected of being stolen may be given to a community organisation running a kitchen to feed the homeless.\n(sec.716-ssec.3) If the commissioner reasonably suspects the relevant thing is unfit for human consumption or it is impracticable to dispose of the thing in a way that satisfies subsection (2) , the commissioner must dispose of it in a way that does not cause danger to anyone or the community generally.\n- (a) the thing can not be returned to its owner or the person who had lawful possession of it before it came into the possession of the police service; or\n- (b) its owner or the person who had lawful possession of the thing before it came into the possession of the police service can not be contacted to obtain directions about how to deal with the thing.\n- (a) does not cause an actual or apparent conflict of interest in the commissioner or someone in a position to influence how the thing may be disposed of; and Example for subsection (2) (a) — A conflict of interest may be apparent if a friend, relative or business associate of a person in a position to influence how a thing may be disposed of may benefit from the disposal of the thing.\n- (b) benefits the community generally or a community group. Example for subsection (2) (b) — Vegetables that are suspected of being stolen may be given to a community organisation running a kitchen to feed the homeless.","sortOrder":1323},{"sectionNumber":"ch.21-pt.3-div.6","sectionType":"division","heading":"Forfeiture","content":"## Forfeiture","sortOrder":1324},{"sectionNumber":"sec.717","sectionType":"section","heading":"Application of div 6","content":"### sec.717 Application of div 6\n\nThis division applies to a relevant thing that has not been forfeited to the State.\ns 717 ins 2000 No. 22 s 25","sortOrder":1325},{"sectionNumber":"sec.718","sectionType":"section","heading":"Order for forfeiture of particular relevant things","content":"### sec.718 Order for forfeiture of particular relevant things\n\nThe commissioner may order the forfeiture of a relevant thing, after it has been in the possession of the police service for at least 30 days, only if—\nthe commissioner is satisfied—\nthe owner of the thing can not be found after reasonable inquiries; or\nhaving regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or\nThe owner of the thing has migrated to another country.\nThe thing is a small amount of liquor that does not have a high value.\nthe commissioner is unable, after making reasonable efforts, to return the thing to its owner.\nThe owner of the thing refuses to take possession of the thing.\nAt least 30 days before the order for forfeiture is made, the commissioner must give the owner of the relevant thing a written notice stating that unless the thing is claimed, an order for its forfeiture to the State will be made under this section.\nIf the owner of the relevant thing is not known, the notice may be published on the police service website.\nSubsections (2) and (3) do not apply if the cost of giving the notice is more than the value of the relevant thing.\nThis section does not apply to a relevant thing mentioned in section 719 .\ns 718 ins 2000 No. 22 s 25\namd 2006 No. 26 s 76 ; 2014 No. 1 s 37 ; 2020 No. 7 s 45\n(sec.718-ssec.1) The commissioner may order the forfeiture of a relevant thing, after it has been in the possession of the police service for at least 30 days, only if— the commissioner is satisfied— the owner of the thing can not be found after reasonable inquiries; or having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or The owner of the thing has migrated to another country. The thing is a small amount of liquor that does not have a high value. the commissioner is unable, after making reasonable efforts, to return the thing to its owner. The owner of the thing refuses to take possession of the thing.\n(sec.718-ssec.2) At least 30 days before the order for forfeiture is made, the commissioner must give the owner of the relevant thing a written notice stating that unless the thing is claimed, an order for its forfeiture to the State will be made under this section.\n(sec.718-ssec.3) If the owner of the relevant thing is not known, the notice may be published on the police service website.\n(sec.718-ssec.4) Subsections (2) and (3) do not apply if the cost of giving the notice is more than the value of the relevant thing.\n(sec.718-ssec.5) This section does not apply to a relevant thing mentioned in section 719 .\n- (a) the commissioner is satisfied— (i) the owner of the thing can not be found after reasonable inquiries; or (ii) having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or Examples for paragraph (a) — 1 The owner of the thing has migrated to another country. 2 The thing is a small amount of liquor that does not have a high value.\n- (i) the owner of the thing can not be found after reasonable inquiries; or\n- (ii) having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or\n- 1 The owner of the thing has migrated to another country.\n- 2 The thing is a small amount of liquor that does not have a high value.\n- (b) the commissioner is unable, after making reasonable efforts, to return the thing to its owner. Example for paragraph (b) — The owner of the thing refuses to take possession of the thing.\n- (i) the owner of the thing can not be found after reasonable inquiries; or\n- (ii) having regard to the nature, condition and value of the thing, it is not reasonable to make inquiries about its owner; or\n- 1 The owner of the thing has migrated to another country.\n- 2 The thing is a small amount of liquor that does not have a high value.","sortOrder":1326},{"sectionNumber":"sec.719","sectionType":"section","heading":"Order for forfeiture of relevant things connected with offences","content":"### sec.719 Order for forfeiture of relevant things connected with offences\n\nThis section applies to a relevant thing if the commissioner is satisfied—\nthe thing has been used in the commission of an offence; or\nit is necessary to retain the thing to prevent it being used in the commission of an offence; or\npossession of the thing is an offence unless authorised, justified or excused by law.\nThe commissioner may order the forfeiture to the State of the relevant thing.\nHowever, the commissioner may order the forfeiture of the relevant thing only if the commissioner is satisfied reasonable steps have been taken to give, a notice under subsection (4) .\nThe notice—\nmust be—\ngiven, in writing, to the owner of the thing, if the name and address of the owner is known; or\nif the name and address of the owner is not known, given to the person who appeared to have possession of the thing before it was seized; or\notherwise, published on the police service website; and\nmust describe the relevant thing and state—\nthat the thing may be forfeited to the State; and\nthat an application may be made to a magistrate under section 693 for an order for the return of the thing; and\nthat, if an application is not made to a magistrate within 28 days after the notice is given, the commissioner may order that the thing be forfeited to the State.\nSubsection (3) does not apply if the cost of giving the notice is more than the value of the relevant thing.\nIf the person applies under section 693 to a magistrate, the commissioner may not order the forfeiture of the relevant thing, unless the magistrate refuses to order the delivery of the thing to the applicant or the application is withdrawn, whichever happens first.\ns 719 ins 2000 No. 22 s 25\namd 2014 No. 1 s 38\n(sec.719-ssec.1) This section applies to a relevant thing if the commissioner is satisfied— the thing has been used in the commission of an offence; or it is necessary to retain the thing to prevent it being used in the commission of an offence; or possession of the thing is an offence unless authorised, justified or excused by law.\n(sec.719-ssec.2) The commissioner may order the forfeiture to the State of the relevant thing.\n(sec.719-ssec.3) However, the commissioner may order the forfeiture of the relevant thing only if the commissioner is satisfied reasonable steps have been taken to give, a notice under subsection (4) .\n(sec.719-ssec.4) The notice— must be— given, in writing, to the owner of the thing, if the name and address of the owner is known; or if the name and address of the owner is not known, given to the person who appeared to have possession of the thing before it was seized; or otherwise, published on the police service website; and must describe the relevant thing and state— that the thing may be forfeited to the State; and that an application may be made to a magistrate under section 693 for an order for the return of the thing; and that, if an application is not made to a magistrate within 28 days after the notice is given, the commissioner may order that the thing be forfeited to the State.\n(sec.719-ssec.5) Subsection (3) does not apply if the cost of giving the notice is more than the value of the relevant thing.\n(sec.719-ssec.6) If the person applies under section 693 to a magistrate, the commissioner may not order the forfeiture of the relevant thing, unless the magistrate refuses to order the delivery of the thing to the applicant or the application is withdrawn, whichever happens first.\n- (a) the thing has been used in the commission of an offence; or\n- (b) it is necessary to retain the thing to prevent it being used in the commission of an offence; or\n- (c) possession of the thing is an offence unless authorised, justified or excused by law.\n- (a) must be— (i) given, in writing, to the owner of the thing, if the name and address of the owner is known; or (ii) if the name and address of the owner is not known, given to the person who appeared to have possession of the thing before it was seized; or (iii) otherwise, published on the police service website; and\n- (i) given, in writing, to the owner of the thing, if the name and address of the owner is known; or\n- (ii) if the name and address of the owner is not known, given to the person who appeared to have possession of the thing before it was seized; or\n- (iii) otherwise, published on the police service website; and\n- (b) must describe the relevant thing and state— (i) that the thing may be forfeited to the State; and (ii) that an application may be made to a magistrate under section 693 for an order for the return of the thing; and (iii) that, if an application is not made to a magistrate within 28 days after the notice is given, the commissioner may order that the thing be forfeited to the State.\n- (i) that the thing may be forfeited to the State; and\n- (ii) that an application may be made to a magistrate under section 693 for an order for the return of the thing; and\n- (iii) that, if an application is not made to a magistrate within 28 days after the notice is given, the commissioner may order that the thing be forfeited to the State.\n- (i) given, in writing, to the owner of the thing, if the name and address of the owner is known; or\n- (ii) if the name and address of the owner is not known, given to the person who appeared to have possession of the thing before it was seized; or\n- (iii) otherwise, published on the police service website; and\n- (i) that the thing may be forfeited to the State; and\n- (ii) that an application may be made to a magistrate under section 693 for an order for the return of the thing; and\n- (iii) that, if an application is not made to a magistrate within 28 days after the notice is given, the commissioner may order that the thing be forfeited to the State.","sortOrder":1327},{"sectionNumber":"ch.21-pt.3-div.7","sectionType":"division","heading":"Dealing with forfeited things","content":"## Dealing with forfeited things","sortOrder":1328},{"sectionNumber":"sec.720","sectionType":"section","heading":"Application of div 7","content":"### sec.720 Application of div 7\n\nThis division applies to a thing in the possession of the police service that is forfeited, or ordered to be forfeited, to the State under this or any other Act.\nThis division applies to a forfeited thing only after all proceedings relating to the offence or suspected offence for which the thing was forfeited are finally decided.\nHowever, the delay of the application of this division under subsection (2) does not apply to the following things—\na dangerous attachment device forfeited under section 53AA ;\na thing forfeited under division 6 .\ns 720 ins 2000 No. 22 s 25\namd 2002 No. 47 s 96 ; 2019 No. 35 s 6\n(sec.720-ssec.1) This division applies to a thing in the possession of the police service that is forfeited, or ordered to be forfeited, to the State under this or any other Act.\n(sec.720-ssec.2) This division applies to a forfeited thing only after all proceedings relating to the offence or suspected offence for which the thing was forfeited are finally decided.\n(sec.720-ssec.3) However, the delay of the application of this division under subsection (2) does not apply to the following things— a dangerous attachment device forfeited under section 53AA ; a thing forfeited under division 6 .\n- (a) a dangerous attachment device forfeited under section 53AA ;\n- (b) a thing forfeited under division 6 .","sortOrder":1329},{"sectionNumber":"sec.721","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.721 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, the thing becomes the property of the State and may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\nWithout limiting subsection (1) , the commissioner may destroy or dispose of the thing.\nIf the thing is sold, it must be sold by auction and the proceeds of the sale are to be paid—\nfirst, in meeting the expenses of the sale; and\nsecond, in meeting the expenses of the seizure and storage of the thing and doing anything necessary to prepare it for sale; and\nthird, to the consolidated fund or, if the proceeds relate to a thing forfeited under section 718 , the unclaimed moneys fund kept under the Public Trustee Act 1978 .\ncleaning the hard drive of a seized computer\ns 721 ins 2000 No. 22 s 25\namd 2006 No. 26 s 77\n(sec.721-ssec.1) On the forfeiture of a thing to the State, the thing becomes the property of the State and may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\n(sec.721-ssec.2) Without limiting subsection (1) , the commissioner may destroy or dispose of the thing.\n(sec.721-ssec.3) If the thing is sold, it must be sold by auction and the proceeds of the sale are to be paid— first, in meeting the expenses of the sale; and second, in meeting the expenses of the seizure and storage of the thing and doing anything necessary to prepare it for sale; and third, to the consolidated fund or, if the proceeds relate to a thing forfeited under section 718 , the unclaimed moneys fund kept under the Public Trustee Act 1978 . cleaning the hard drive of a seized computer\n- (a) first, in meeting the expenses of the sale; and\n- (b) second, in meeting the expenses of the seizure and storage of the thing and doing anything necessary to prepare it for sale; and\n- (c) third, to the consolidated fund or, if the proceeds relate to a thing forfeited under section 718 , the unclaimed moneys fund kept under the Public Trustee Act 1978 . Example for paragraph (b) — cleaning the hard drive of a seized computer","sortOrder":1330},{"sectionNumber":"ch.21-pt.3-div.8","sectionType":"division","heading":"Arrangements about relevant things","content":"## Arrangements about relevant things","sortOrder":1331},{"sectionNumber":"sec.722","sectionType":"section","heading":"Ministerial arrangements for transmission and return of seized things","content":"### sec.722 Ministerial arrangements for transmission and return of seized things\n\nThe Minister may enter into arrangements with a Minister of State for another State responsible for the administration of a law declared by regulation to be a corresponding law for this section under which—\na thing seized under this Act that may be relevant to the investigation of an offence, or a proceeding for an offence, against the law of the State in which the corresponding law is in force—\nis to be given to a law enforcement agency in that State for the investigation of or a proceeding for the offence; and\nwhen no longer required for the investigation or proceeding, is to be returned to the law enforcement agency who seized it, unless disposed of by order or direction of a court; and\na thing seized under the corresponding law that may be relevant to the investigation of an offence, or a proceeding for an offence, against the law of Queensland—\nis to be given to the commissioner; and\nwhen no longer required for the investigation of an offence or a proceeding for an offence, is to be returned to the relevant law enforcement agency in the State in which it was seized, unless disposed of by order or direction of a court.\nA thing returned to a law enforcement agency under an arrangement under subsection (1) , unless it can lawfully be returned to its owner, is a thing for which an application may be made under section 695 .\ns 722 ins 2000 No. 22 s 25\n(sec.722-ssec.1) The Minister may enter into arrangements with a Minister of State for another State responsible for the administration of a law declared by regulation to be a corresponding law for this section under which— a thing seized under this Act that may be relevant to the investigation of an offence, or a proceeding for an offence, against the law of the State in which the corresponding law is in force— is to be given to a law enforcement agency in that State for the investigation of or a proceeding for the offence; and when no longer required for the investigation or proceeding, is to be returned to the law enforcement agency who seized it, unless disposed of by order or direction of a court; and a thing seized under the corresponding law that may be relevant to the investigation of an offence, or a proceeding for an offence, against the law of Queensland— is to be given to the commissioner; and when no longer required for the investigation of an offence or a proceeding for an offence, is to be returned to the relevant law enforcement agency in the State in which it was seized, unless disposed of by order or direction of a court.\n(sec.722-ssec.2) A thing returned to a law enforcement agency under an arrangement under subsection (1) , unless it can lawfully be returned to its owner, is a thing for which an application may be made under section 695 .\n- (a) a thing seized under this Act that may be relevant to the investigation of an offence, or a proceeding for an offence, against the law of the State in which the corresponding law is in force— (i) is to be given to a law enforcement agency in that State for the investigation of or a proceeding for the offence; and (ii) when no longer required for the investigation or proceeding, is to be returned to the law enforcement agency who seized it, unless disposed of by order or direction of a court; and\n- (i) is to be given to a law enforcement agency in that State for the investigation of or a proceeding for the offence; and\n- (ii) when no longer required for the investigation or proceeding, is to be returned to the law enforcement agency who seized it, unless disposed of by order or direction of a court; and\n- (b) a thing seized under the corresponding law that may be relevant to the investigation of an offence, or a proceeding for an offence, against the law of Queensland— (i) is to be given to the commissioner; and (ii) when no longer required for the investigation of an offence or a proceeding for an offence, is to be returned to the relevant law enforcement agency in the State in which it was seized, unless disposed of by order or direction of a court.\n- (i) is to be given to the commissioner; and\n- (ii) when no longer required for the investigation of an offence or a proceeding for an offence, is to be returned to the relevant law enforcement agency in the State in which it was seized, unless disposed of by order or direction of a court.\n- (i) is to be given to a law enforcement agency in that State for the investigation of or a proceeding for the offence; and\n- (ii) when no longer required for the investigation or proceeding, is to be returned to the law enforcement agency who seized it, unless disposed of by order or direction of a court; and\n- (i) is to be given to the commissioner; and\n- (ii) when no longer required for the investigation of an offence or a proceeding for an offence, is to be returned to the relevant law enforcement agency in the State in which it was seized, unless disposed of by order or direction of a court.","sortOrder":1332},{"sectionNumber":"sec.723","sectionType":"section","heading":"Commissioner may make arrangements","content":"### sec.723 Commissioner may make arrangements\n\nThe commissioner may, under an arrangement between the commissioner and the chief executive of a department or the chief executive officer of another agency, transfer the possession of a relevant thing to the chief executive or chief executive officer if, in the circumstances, it would be appropriate for the thing to be dealt with under another Act.\nIt may be appropriate for the commissioner to transfer the possession of explosives to the chief executive of the department responsible for the administration of the Explosives Act 1999 for safe keeping or destruction of the explosives.\ns 723 ins 2000 No. 22 s 25","sortOrder":1333},{"sectionNumber":"ch.21-pt.3-div.9","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":1334},{"sectionNumber":"sec.724","sectionType":"section","heading":"Evidentiary provision about particular things in the possession of the police service","content":"### sec.724 Evidentiary provision about particular things in the possession of the police service\n\nThis section applies in relation to a running statement.\nA certificate signed by the commissioner and stating a document attached to the certificate is a copy of a running statement is evidence of what is stated.\nAlso, the copy of the running statement is evidence of what is stated in the running statement.\nIf, in a criminal proceeding, the prosecuting authority intends to rely on the certificate, it must, at least 14 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\nIf the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 10 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\nIf the defendant acts under subsection (5) , the certificate stops being evidence of the matter challenged.\nIn this section—\nhearing day means the day the hearing of the criminal proceeding starts.\nprosecuting authority means the entity responsible for prosecuting the criminal proceeding.\nrunning statement means a document that identifies itself as a running statement relating to a relevant thing in the possession of the police service that is evidence of the commission of an offence sufficiently identified in the running statement to connect it to the proceedings in which the certificate is evidence and including the following—\nwhere and when the relevant thing was found;\nwho found the relevant thing;\nthe name of each person to whom the thing was given after it was found;\nbefore the relevant thing was given to each person who had possession of it, the relevant thing was kept secure from tampering;\nhow the thing was dealt with by each person who had possession of it including, but not limited to, how, when and by whom it was transported from person to person or place to place.\ns 724 ins 2006 No. 26 s 78\namd 2007 No. 27 s 13\n(sec.724-ssec.1) This section applies in relation to a running statement.\n(sec.724-ssec.2) A certificate signed by the commissioner and stating a document attached to the certificate is a copy of a running statement is evidence of what is stated.\n(sec.724-ssec.3) Also, the copy of the running statement is evidence of what is stated in the running statement.\n(sec.724-ssec.4) If, in a criminal proceeding, the prosecuting authority intends to rely on the certificate, it must, at least 14 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.\n(sec.724-ssec.5) If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 10 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.\n(sec.724-ssec.6) If the defendant acts under subsection (5) , the certificate stops being evidence of the matter challenged.\n(sec.724-ssec.7) In this section— hearing day means the day the hearing of the criminal proceeding starts. prosecuting authority means the entity responsible for prosecuting the criminal proceeding. running statement means a document that identifies itself as a running statement relating to a relevant thing in the possession of the police service that is evidence of the commission of an offence sufficiently identified in the running statement to connect it to the proceedings in which the certificate is evidence and including the following— where and when the relevant thing was found; who found the relevant thing; the name of each person to whom the thing was given after it was found; before the relevant thing was given to each person who had possession of it, the relevant thing was kept secure from tampering; how the thing was dealt with by each person who had possession of it including, but not limited to, how, when and by whom it was transported from person to person or place to place.\n- (a) where and when the relevant thing was found;\n- (b) who found the relevant thing;\n- (c) the name of each person to whom the thing was given after it was found;\n- (d) before the relevant thing was given to each person who had possession of it, the relevant thing was kept secure from tampering;\n- (e) how the thing was dealt with by each person who had possession of it including, but not limited to, how, when and by whom it was transported from person to person or place to place.","sortOrder":1335},{"sectionNumber":"sec.724A","sectionType":"section","heading":"Evidentiary provision about explosives","content":"### sec.724A Evidentiary provision about explosives\n\nA certificate signed by the commissioner and stating that a stated police officer was on a stated day an approved officer is evidence of what it states, unless the contrary is proved.\ns 724A ins 2017 No. 30 s 26","sortOrder":1336},{"sectionNumber":"ch.21-pt.4","sectionType":"part","heading":"Use of dangerous drugs for training","content":"# Use of dangerous drugs for training","sortOrder":1337},{"sectionNumber":"ch.21-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1338},{"sectionNumber":"sec.725","sectionType":"section","heading":"Object of pt 4","content":"### sec.725 Object of pt 4\n\nThe object of this part is to ensure training in the police service about dangerous drugs is realistic and effective.\nThe object is to be achieved by putting in place arrangements—\nto allow the police service to have access to dangerous drugs for training purposes; and\nto ensure dangerous drugs in the possession of the police service for training purposes—\nare carefully handled to ensure their effectiveness for training purposes is not compromised; and\nare subject to strict tracking and accountability requirements.\ns 725 ins 2003 No. 5 s 25\n(sec.725-ssec.1) The object of this part is to ensure training in the police service about dangerous drugs is realistic and effective.\n(sec.725-ssec.2) The object is to be achieved by putting in place arrangements— to allow the police service to have access to dangerous drugs for training purposes; and to ensure dangerous drugs in the possession of the police service for training purposes— are carefully handled to ensure their effectiveness for training purposes is not compromised; and are subject to strict tracking and accountability requirements.\n- (a) to allow the police service to have access to dangerous drugs for training purposes; and\n- (b) to ensure dangerous drugs in the possession of the police service for training purposes— (i) are carefully handled to ensure their effectiveness for training purposes is not compromised; and (ii) are subject to strict tracking and accountability requirements.\n- (i) are carefully handled to ensure their effectiveness for training purposes is not compromised; and\n- (ii) are subject to strict tracking and accountability requirements.\n- (i) are carefully handled to ensure their effectiveness for training purposes is not compromised; and\n- (ii) are subject to strict tracking and accountability requirements.","sortOrder":1339},{"sectionNumber":"sec.726","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.726 Definitions for pt 4\n\nIn this part—\nagency arrangement means an arrangement, or series of arrangements, between the commissioner and the chief executive officer, by whatever name known, of a department or other agency of the State or the Commonwealth providing for the following—\nthe transfer of possession of a batch of a dangerous drug from the possession of the department or agency into the possession of the police service;\nthat the batch of the dangerous drug is to be used for training in the police service;\nthe type and extent of the training for which the batch of the dangerous drug is to be used;\nwhat is to be done with the batch of the dangerous drug at the end of the training;\nanything else the parties to the arrangement consider appropriate.\nA first arrangement between the commissioner and an agency could establish basic principles to govern the supply of dangerous drugs to the commissioner for training purposes. A second arrangement between the commissioner and the agency could establish particular procedures to be followed for transferring particular types of dangerous drugs between the commissioner and the agency, subject to the basic principles established in the first arrangement. A third arrangement between the commissioner and the agency could provide for the special circumstances applying to a batch of 1 of the particular types of dangerous drugs mentioned in the second arrangement. For the batch mentioned in the third arrangement, the agency arrangement may be ascertained from a reading of all 3 arrangements.\ncommissioner direction means a direction of the commissioner—\nauthorising—\nthe keeping of a batch of a dangerous drug; and\nthe use of the batch in training in the police service; and\nstating the conditions under which the keeping and use of the batch of the dangerous drug is authorised.\ndrug control officer means a person holding an appointment under division 2 as a drug control officer.\ndrug vault means a secure facility suitable for the storage of dangerous drugs in the possession of the police service for training purposes under the authority of a commissioner direction.\nregister of dangerous drugs for training means the register of dangerous drugs for training kept under section 737 .\nsecure facility means a facility that is secure against unauthorised entry.\ns 726 ins 2003 No. 5 s 25\n- (a) the transfer of possession of a batch of a dangerous drug from the possession of the department or agency into the possession of the police service;\n- (b) that the batch of the dangerous drug is to be used for training in the police service;\n- (c) the type and extent of the training for which the batch of the dangerous drug is to be used;\n- (d) what is to be done with the batch of the dangerous drug at the end of the training;\n- (e) anything else the parties to the arrangement consider appropriate.\n- (a) authorising— (i) the keeping of a batch of a dangerous drug; and (ii) the use of the batch in training in the police service; and\n- (i) the keeping of a batch of a dangerous drug; and\n- (ii) the use of the batch in training in the police service; and\n- (b) stating the conditions under which the keeping and use of the batch of the dangerous drug is authorised.\n- (i) the keeping of a batch of a dangerous drug; and\n- (ii) the use of the batch in training in the police service; and","sortOrder":1340},{"sectionNumber":"sec.726A","sectionType":"section","heading":null,"content":"### Section sec.726A\n\ns 726A ins 2014 No. 17 s 106\namd 2016 No. 43 s 19\nom 2021 No. 12 s 195 sch 5","sortOrder":1341},{"sectionNumber":"ch.21-pt.4-div.2","sectionType":"division","heading":"Drug control officers","content":"## Drug control officers","sortOrder":1342},{"sectionNumber":"sec.727","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.727 Appointment and qualifications\n\nThe commissioner may appoint a public service officer or a police officer as a drug control officer.\nHowever, the commissioner may appoint a person as a drug control officer only if—\nthe commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or\nthe person has satisfactorily finished training approved by the commissioner.\ns 727 ins 2003 No. 5 s 25\n(sec.727-ssec.1) The commissioner may appoint a public service officer or a police officer as a drug control officer.\n(sec.727-ssec.2) However, the commissioner may appoint a person as a drug control officer only if— the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or the person has satisfactorily finished training approved by the commissioner.\n- (a) the commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or\n- (b) the person has satisfactorily finished training approved by the commissioner.","sortOrder":1343},{"sectionNumber":"sec.728","sectionType":"section","heading":"Appointment conditions","content":"### sec.728 Appointment conditions\n\nA drug control officer holds office on any conditions stated in—\nthe drug control officer’s instrument of appointment; or\na signed notice given to the drug control officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the drug control officer or a regulation may limit the drug control officer’s powers under this part.\nIn this section—\nsigned notice means a notice signed by the commissioner.\ns 728 ins 2003 No. 5 s 25\n(sec.728-ssec.1) A drug control officer holds office on any conditions stated in— the drug control officer’s instrument of appointment; or a signed notice given to the drug control officer; or a regulation.\n(sec.728-ssec.2) The instrument of appointment, a signed notice given to the drug control officer or a regulation may limit the drug control officer’s powers under this part.\n(sec.728-ssec.3) In this section— signed notice means a notice signed by the commissioner.\n- (a) the drug control officer’s instrument of appointment; or\n- (b) a signed notice given to the drug control officer; or\n- (c) a regulation.","sortOrder":1344},{"sectionNumber":"sec.729","sectionType":"section","heading":"Issue of identity card","content":"### sec.729 Issue of identity card\n\nThe commissioner must issue an identity card to each drug control officer.\nThe identity card must—\ncontain a recent photo of the drug control officer; and\ncontain a copy of the drug control officer’s signature; and\nidentify the person as a drug control officer under this part; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\ns 729 ins 2003 No. 5 s 25\n(sec.729-ssec.1) The commissioner must issue an identity card to each drug control officer.\n(sec.729-ssec.2) The identity card must— contain a recent photo of the drug control officer; and contain a copy of the drug control officer’s signature; and identify the person as a drug control officer under this part; and state an expiry date for the card.\n(sec.729-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\n- (a) contain a recent photo of the drug control officer; and\n- (b) contain a copy of the drug control officer’s signature; and\n- (c) identify the person as a drug control officer under this part; and\n- (d) state an expiry date for the card.","sortOrder":1345},{"sectionNumber":"sec.730","sectionType":"section","heading":"Resignation","content":"### sec.730 Resignation\n\nA drug control officer may resign by signed notice given to the commissioner.\nHowever, if holding office as a drug control officer is a condition of the drug control officer holding another office, the drug control officer may not resign as a drug control officer without resigning from the other office.\ns 730 ins 2003 No. 5 s 25\n(sec.730-ssec.1) A drug control officer may resign by signed notice given to the commissioner.\n(sec.730-ssec.2) However, if holding office as a drug control officer is a condition of the drug control officer holding another office, the drug control officer may not resign as a drug control officer without resigning from the other office.","sortOrder":1346},{"sectionNumber":"sec.731","sectionType":"section","heading":"Return of identity card","content":"### sec.731 Return of identity card\n\nA person who ceases to be a drug control officer must return the person’s identity card to the commissioner within 21 days after ceasing to be a drug control officer unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\ns 731 ins 2003 No. 5 s 25","sortOrder":1347},{"sectionNumber":"sec.732","sectionType":"section","heading":"Function and powers of drug control officer","content":"### sec.732 Function and powers of drug control officer\n\nA drug control officer has the function of administering and controlling, as required under this part and the conditions on which the drug control officer holds office, the following—\nthe receiving into the possession of the police service of batches of dangerous drugs to be used for training purposes (the batches );\nthe storage of the batches;\nthe movement in and out of storage, for the purposes of training, of the batches or parts of the batches;\nhow the batches leave the possession of the police service.\nA drug control officer has power, within the police service, to do all things necessary to be done for the performance of the drug control officer’s function.\ns 732 ins 2003 No. 5 s 25\namd 2005 No. 17 s 17\n(sec.732-ssec.1) A drug control officer has the function of administering and controlling, as required under this part and the conditions on which the drug control officer holds office, the following— the receiving into the possession of the police service of batches of dangerous drugs to be used for training purposes (the batches ); the storage of the batches; the movement in and out of storage, for the purposes of training, of the batches or parts of the batches; how the batches leave the possession of the police service.\n(sec.732-ssec.2) A drug control officer has power, within the police service, to do all things necessary to be done for the performance of the drug control officer’s function.\n- (a) the receiving into the possession of the police service of batches of dangerous drugs to be used for training purposes (the batches );\n- (b) the storage of the batches;\n- (c) the movement in and out of storage, for the purposes of training, of the batches or parts of the batches;\n- (d) how the batches leave the possession of the police service.","sortOrder":1348},{"sectionNumber":"ch.21-pt.4-div.3","sectionType":"division","heading":"Keeping and use of dangerous drugs for training","content":"## Keeping and use of dangerous drugs for training","sortOrder":1349},{"sectionNumber":"sec.733","sectionType":"section","heading":"Keeping dangerous drug for use in police service training","content":"### sec.733 Keeping dangerous drug for use in police service training\n\nA batch of a dangerous drug may lawfully be kept in the possession of the police service and used for training in the police service if—\nthe keeping of the batch, and its use for training in the police service, is authorised under a commissioner direction; and\nthe batch is kept, and used for training, in accordance with the conditions included in the commissioner direction.\ns 733 ins 2003 No. 5 s 25\n- (a) the keeping of the batch, and its use for training in the police service, is authorised under a commissioner direction; and\n- (b) the batch is kept, and used for training, in accordance with the conditions included in the commissioner direction.","sortOrder":1350},{"sectionNumber":"sec.734","sectionType":"section","heading":"Making commissioner direction","content":"### sec.734 Making commissioner direction\n\nThe commissioner may make a commissioner direction for a batch of a dangerous drug.\nThe commissioner may make a commissioner direction for a batch of a dangerous drug only if the batch—\nis in the possession of the police service—\nhaving been forfeited, or ordered to be forfeited, to the State under this or another Act; or\nhaving been ordered under this Act to be disposed of or destroyed; or\ncomes into the possession of the police service under an agency arrangement.\nThe conditions included in the commissioner direction must include the following conditions—\na condition that the batch must be used only for the training purposes stated in the condition;\ntraining police dogs to detect the presence of dangerous drugs in various situations\na condition that the training for which the batch is used must be of the type, and of the extent, stated in the condition;\na condition that the whole of the batch must at all times—\nbe under the effective control of a drug control officer or 1 or more of the police officers identified in the condition; or\nbe kept securely in a way stated in the condition;\na condition that, as soon as practicable after the batch is used for training purposes for the last time, the batch must be destroyed or disposed of in the way stated in the condition.\nSubsection (3) does not limit the conditions that may be included in the commissioner direction.\nThe commissioner must ensure the police service complies with the conditions included in the commissioner direction.\ns 734 ins 2003 No. 5 s 25\namd 2014 No. 17 s 107 ; 2016 No. 43 s 19 ; 2021 No. 12 s 195 sch 5\n(sec.734-ssec.1) The commissioner may make a commissioner direction for a batch of a dangerous drug.\n(sec.734-ssec.2) The commissioner may make a commissioner direction for a batch of a dangerous drug only if the batch— is in the possession of the police service— having been forfeited, or ordered to be forfeited, to the State under this or another Act; or having been ordered under this Act to be disposed of or destroyed; or comes into the possession of the police service under an agency arrangement.\n(sec.734-ssec.3) The conditions included in the commissioner direction must include the following conditions— a condition that the batch must be used only for the training purposes stated in the condition; training police dogs to detect the presence of dangerous drugs in various situations a condition that the training for which the batch is used must be of the type, and of the extent, stated in the condition; a condition that the whole of the batch must at all times— be under the effective control of a drug control officer or 1 or more of the police officers identified in the condition; or be kept securely in a way stated in the condition; a condition that, as soon as practicable after the batch is used for training purposes for the last time, the batch must be destroyed or disposed of in the way stated in the condition.\n(sec.734-ssec.4) Subsection (3) does not limit the conditions that may be included in the commissioner direction.\n(sec.734-ssec.5) The commissioner must ensure the police service complies with the conditions included in the commissioner direction.\n- (a) is in the possession of the police service— (i) having been forfeited, or ordered to be forfeited, to the State under this or another Act; or (ii) having been ordered under this Act to be disposed of or destroyed; or\n- (i) having been forfeited, or ordered to be forfeited, to the State under this or another Act; or\n- (ii) having been ordered under this Act to be disposed of or destroyed; or\n- (b) comes into the possession of the police service under an agency arrangement.\n- (i) having been forfeited, or ordered to be forfeited, to the State under this or another Act; or\n- (ii) having been ordered under this Act to be disposed of or destroyed; or\n- (a) a condition that the batch must be used only for the training purposes stated in the condition; Example of training purposes— training police dogs to detect the presence of dangerous drugs in various situations\n- (b) a condition that the training for which the batch is used must be of the type, and of the extent, stated in the condition;\n- (c) a condition that the whole of the batch must at all times— (i) be under the effective control of a drug control officer or 1 or more of the police officers identified in the condition; or (ii) be kept securely in a way stated in the condition;\n- (i) be under the effective control of a drug control officer or 1 or more of the police officers identified in the condition; or\n- (ii) be kept securely in a way stated in the condition;\n- (d) a condition that, as soon as practicable after the batch is used for training purposes for the last time, the batch must be destroyed or disposed of in the way stated in the condition.\n- (i) be under the effective control of a drug control officer or 1 or more of the police officers identified in the condition; or\n- (ii) be kept securely in a way stated in the condition;","sortOrder":1351},{"sectionNumber":"sec.735","sectionType":"section","heading":"Entering into agency arrangement","content":"### sec.735 Entering into agency arrangement\n\nThe commissioner may enter into an agency arrangement.\nThe commissioner may enter into an agency arrangement only if the department or other agency, whose chief executive officer is the other party to the arrangement, is authorised to possess the batch of the dangerous drug the subject of the arrangement.\nThe commissioner must ensure the police service complies with the agency arrangement.\ns 735 ins 2003 No. 5 s 25\namd 2014 No. 17 s 108 ; 2016 No. 43 s 19 ; 2021 No. 12 s 195 sch 5\n(sec.735-ssec.1) The commissioner may enter into an agency arrangement.\n(sec.735-ssec.2) The commissioner may enter into an agency arrangement only if the department or other agency, whose chief executive officer is the other party to the arrangement, is authorised to possess the batch of the dangerous drug the subject of the arrangement.\n(sec.735-ssec.3) The commissioner must ensure the police service complies with the agency arrangement.","sortOrder":1352},{"sectionNumber":"sec.736","sectionType":"section","heading":"Requirements for keeping of dangerous drugs for training purposes","content":"### sec.736 Requirements for keeping of dangerous drugs for training purposes\n\nThe following requirements apply for the police service’s possession of dangerous drugs for training purposes—\neach batch of a dangerous drug must be stored in a drug vault;\nwhen a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch;\na drug vault must not be used for storing a dangerous drug that is in the possession of the police service other than for training purposes;\na drug vault must be designed and constructed for ensuring, to the greatest practicable extent, that each batch of a dangerous drug stored in it keeps its level of effectiveness for training purposes;\na drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch, or can otherwise be made ineffective or less effective for training purposes;\nthe whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch, or a part of the batch, is required to be held somewhere else for training purposes;\nwhen a batch of a dangerous drug leaves a drug vault for the last time—\nit must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch; and\na copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the commissioner directs.\nAlso, an audit of each drug vault must be conducted at least once every 3 months by a police officer not otherwise directly associated with the keeping or use of dangerous drugs for training purposes.\nWithout limiting the scope of an audit under subsection (2) , the audit must include—\nweighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault; and\nfinding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the drug vault; and\nfinding out whether, and to what extent, the purity of any batch of a dangerous drug stored at the drug vault has been adversely affected since it was received into the drug vault; and\na review of the register of dangerous drugs for training.\nWithout limiting the requirements for an audit under subsection (2) , requirements for the audit include the following—\nthe performance of the audit must be supervised by a police officer of at least the rank of inspector who is not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;\nall batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst under the Drugs Misuse Act 1986 ;\nthe accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the commissioner.\ns 736 ins 2003 No. 5 s 25\namd 2005 No. 17 s 18 ; 2014 No. 17 s 109 ; 2016 No. 43 s 19 ; 2021 No. 12 s 195 sch 5\n(sec.736-ssec.1) The following requirements apply for the police service’s possession of dangerous drugs for training purposes— each batch of a dangerous drug must be stored in a drug vault; when a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch; a drug vault must not be used for storing a dangerous drug that is in the possession of the police service other than for training purposes; a drug vault must be designed and constructed for ensuring, to the greatest practicable extent, that each batch of a dangerous drug stored in it keeps its level of effectiveness for training purposes; a drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch, or can otherwise be made ineffective or less effective for training purposes; the whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch, or a part of the batch, is required to be held somewhere else for training purposes; when a batch of a dangerous drug leaves a drug vault for the last time— it must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch; and a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the commissioner directs.\n(sec.736-ssec.2) Also, an audit of each drug vault must be conducted at least once every 3 months by a police officer not otherwise directly associated with the keeping or use of dangerous drugs for training purposes.\n(sec.736-ssec.3) Without limiting the scope of an audit under subsection (2) , the audit must include— weighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault; and finding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the drug vault; and finding out whether, and to what extent, the purity of any batch of a dangerous drug stored at the drug vault has been adversely affected since it was received into the drug vault; and a review of the register of dangerous drugs for training.\n(sec.736-ssec.4) Without limiting the requirements for an audit under subsection (2) , requirements for the audit include the following— the performance of the audit must be supervised by a police officer of at least the rank of inspector who is not otherwise directly associated with the keeping or use of dangerous drugs for training purposes; all batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst under the Drugs Misuse Act 1986 ; the accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the commissioner.\n- (a) each batch of a dangerous drug must be stored in a drug vault;\n- (b) when a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch;\n- (c) a drug vault must not be used for storing a dangerous drug that is in the possession of the police service other than for training purposes;\n- (d) a drug vault must be designed and constructed for ensuring, to the greatest practicable extent, that each batch of a dangerous drug stored in it keeps its level of effectiveness for training purposes;\n- (e) a drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch, or can otherwise be made ineffective or less effective for training purposes;\n- (f) the whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch, or a part of the batch, is required to be held somewhere else for training purposes;\n- (g) when a batch of a dangerous drug leaves a drug vault for the last time— (i) it must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch; and (ii) a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the commissioner directs.\n- (i) it must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch; and\n- (ii) a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the commissioner directs.\n- (i) it must be accompanied by a document certifying, in a way approved by the commissioner, the weight and purity of the batch; and\n- (ii) a copy of the document mentioned in subparagraph (i) must be kept at the drug vault or at another place the commissioner directs.\n- (a) weighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault; and\n- (b) finding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the drug vault; and\n- (c) finding out whether, and to what extent, the purity of any batch of a dangerous drug stored at the drug vault has been adversely affected since it was received into the drug vault; and\n- (d) a review of the register of dangerous drugs for training.\n- (a) the performance of the audit must be supervised by a police officer of at least the rank of inspector who is not otherwise directly associated with the keeping or use of dangerous drugs for training purposes;\n- (b) all batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst under the Drugs Misuse Act 1986 ;\n- (c) the accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the commissioner.","sortOrder":1353},{"sectionNumber":"ch.21-pt.4-div.4","sectionType":"division","heading":"Register of dangerous drugs for training","content":"## Register of dangerous drugs for training","sortOrder":1354},{"sectionNumber":"sec.737","sectionType":"section","heading":"Register of dangerous drugs for training","content":"### sec.737 Register of dangerous drugs for training\n\nThe police service must keep a register of dangerous drugs for training.\nThe register may form part of another register whether kept under this or another Act.\nThe entity responsible for keeping the register under this section—\nmust ensure the register is kept in a secure place; and\nsubject to subsection (4) , may keep the register in the way the commissioner considers appropriate.\nThe register may be kept on a computer or partly on a computer and partly in the form of paper records.\nThe register of dangerous drugs for training must be kept in a way that, to the greatest practicable extent, enables a drug control officer, or a police officer performing a lawful function associated with the keeping of dangerous drugs in the possession of the police service under this Act, whether or not under this part, to comply with this Act’s requirements.\nUnless the commissioner otherwise authorises, an entry in the register of dangerous drugs for training may only be made by a drug control officer who is authorised, under the conditions on which the drug control officer holds office, to make the entry.\nIf the commissioner gives a direction under this division restricting access to information included in the register of dangerous drugs for training, a drug control officer authorised to record the information in the register must ensure the information is recorded in a way that, to the greatest practicable extent, stops disclosure of the information to a person not authorised to have access to it.\ns 737 ins 2003 No. 5 s 25\namd 2014 No. 17 s 110 ; 2016 No. 43 s 19 ; 2021 No. 12 s 195 sch 5\n(sec.737-ssec.1) The police service must keep a register of dangerous drugs for training.\n(sec.737-ssec.2) The register may form part of another register whether kept under this or another Act.\n(sec.737-ssec.3) The entity responsible for keeping the register under this section— must ensure the register is kept in a secure place; and subject to subsection (4) , may keep the register in the way the commissioner considers appropriate. The register may be kept on a computer or partly on a computer and partly in the form of paper records.\n(sec.737-ssec.4) The register of dangerous drugs for training must be kept in a way that, to the greatest practicable extent, enables a drug control officer, or a police officer performing a lawful function associated with the keeping of dangerous drugs in the possession of the police service under this Act, whether or not under this part, to comply with this Act’s requirements.\n(sec.737-ssec.5) Unless the commissioner otherwise authorises, an entry in the register of dangerous drugs for training may only be made by a drug control officer who is authorised, under the conditions on which the drug control officer holds office, to make the entry.\n(sec.737-ssec.6) If the commissioner gives a direction under this division restricting access to information included in the register of dangerous drugs for training, a drug control officer authorised to record the information in the register must ensure the information is recorded in a way that, to the greatest practicable extent, stops disclosure of the information to a person not authorised to have access to it.\n- (a) must ensure the register is kept in a secure place; and\n- (b) subject to subsection (4) , may keep the register in the way the commissioner considers appropriate. Example for paragraph (b) — The register may be kept on a computer or partly on a computer and partly in the form of paper records.","sortOrder":1355},{"sectionNumber":"sec.738","sectionType":"section","heading":"Information to be recorded in the register of dangerous drugs for training","content":"### sec.738 Information to be recorded in the register of dangerous drugs for training\n\nThe following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug coming into the possession of the police service to be used for training purposes—\nthe name of the dangerous drug;\na description of the batch;\nthe weight, in grams, of the batch;\na description of any container or packaging, and of any other item, used for conveying the batch into the possession of the police service;\nthe weight, in grams, of any container or packaging, and of any other item, used for conveying the batch into the possession of the police service;\nwhen the batch was received into the possession of the police service;\nthe purity of the batch, and details of the certification of the purity;\na description of the circumstances in which the batch came into the possession of the police service.\nThe following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug in the possession of the police service for training purposes if the batch, or part of the batch, is taken from the drug vault where it is stored because it is to be used for training purposes—\nwhen the batch or part of the batch leaves the drug vault;\nthe nature of the training for which the batch or part of the batch is to be used;\nthe condition of any container or packaging in which the batch or part of the batch leaves the drug vault;\nthe weight, in grams, of the batch or part of the batch when it leaves the drug vault;\nthe condition of any container or packaging in which the batch or part of the batch is returned to the drug vault;\nthe weight, in grams, of the batch or part of the batch when it is returned to the drug vault.\nThe following information must be recorded in the register of dangerous drugs for training when a batch of a dangerous drug leaves a drug vault for the last time to be disposed of or to be returned to an entity under an agency arrangement—\nthe weight, in grams, of the batch when it leaves the drug vault;\nthe weight, in grams, of any container or packaging in which the batch leaves the drug vault.\nRecording under subsection (1) , (2) or (3) must be performed as close as reasonably practicable to the happening of the event to which the recording relates.\ns 738 ins 2003 No. 5 s 25\namd 2005 No. 17 s 19\n(sec.738-ssec.1) The following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug coming into the possession of the police service to be used for training purposes— the name of the dangerous drug; a description of the batch; the weight, in grams, of the batch; a description of any container or packaging, and of any other item, used for conveying the batch into the possession of the police service; the weight, in grams, of any container or packaging, and of any other item, used for conveying the batch into the possession of the police service; when the batch was received into the possession of the police service; the purity of the batch, and details of the certification of the purity; a description of the circumstances in which the batch came into the possession of the police service.\n(sec.738-ssec.2) The following information must be recorded in the register of dangerous drugs for training about each batch of a dangerous drug in the possession of the police service for training purposes if the batch, or part of the batch, is taken from the drug vault where it is stored because it is to be used for training purposes— when the batch or part of the batch leaves the drug vault; the nature of the training for which the batch or part of the batch is to be used; the condition of any container or packaging in which the batch or part of the batch leaves the drug vault; the weight, in grams, of the batch or part of the batch when it leaves the drug vault; the condition of any container or packaging in which the batch or part of the batch is returned to the drug vault; the weight, in grams, of the batch or part of the batch when it is returned to the drug vault.\n(sec.738-ssec.3) The following information must be recorded in the register of dangerous drugs for training when a batch of a dangerous drug leaves a drug vault for the last time to be disposed of or to be returned to an entity under an agency arrangement— the weight, in grams, of the batch when it leaves the drug vault; the weight, in grams, of any container or packaging in which the batch leaves the drug vault.\n(sec.738-ssec.4) Recording under subsection (1) , (2) or (3) must be performed as close as reasonably practicable to the happening of the event to which the recording relates.\n- (a) the name of the dangerous drug;\n- (b) a description of the batch;\n- (c) the weight, in grams, of the batch;\n- (d) a description of any container or packaging, and of any other item, used for conveying the batch into the possession of the police service;\n- (e) the weight, in grams, of any container or packaging, and of any other item, used for conveying the batch into the possession of the police service;\n- (f) when the batch was received into the possession of the police service;\n- (g) the purity of the batch, and details of the certification of the purity;\n- (h) a description of the circumstances in which the batch came into the possession of the police service.\n- (a) when the batch or part of the batch leaves the drug vault;\n- (b) the nature of the training for which the batch or part of the batch is to be used;\n- (c) the condition of any container or packaging in which the batch or part of the batch leaves the drug vault;\n- (d) the weight, in grams, of the batch or part of the batch when it leaves the drug vault;\n- (e) the condition of any container or packaging in which the batch or part of the batch is returned to the drug vault;\n- (f) the weight, in grams, of the batch or part of the batch when it is returned to the drug vault.\n- (a) the weight, in grams, of the batch when it leaves the drug vault;\n- (b) the weight, in grams, of any container or packaging in which the batch leaves the drug vault.","sortOrder":1356},{"sectionNumber":"sec.739","sectionType":"section","heading":"Restriction on release of information from register of dangerous drugs for training","content":"### sec.739 Restriction on release of information from register of dangerous drugs for training\n\nThe commissioner may give a direction restricting access to information recorded in the register of dangerous drugs for training to persons other than—\na drug control officer who reasonably needs the information for the performance of the officer’s function under this part; or\na police officer who reasonably needs the information for conducting or supervising, under this part, an audit of a drug vault; or\nanother police officer, if the police officer is performing a function associated with the keeping of dangerous drugs in the possession of the police service under this Act, whether or not under this part, and reasonably needs the information for the performance of the officer’s function; or\na person stated in the direction.\nA direction under subsection (1) may restrict access to all information recorded in the register or only to information of a type stated in the direction.\nThe commissioner must keep a written record of the reasons for giving a direction under subsection (1) in each particular case.\nThe commissioner may give a direction under subsection (1) , and keep the direction in place, only if the commissioner considers that a failure to give the direction, or to keep the direction in place, may prejudice—\nthe security of a drug vault; or\nthe safety of—\na drug control officer; or\nanother person associated with keeping dangerous drugs in the possession of the police service for training purposes; or\na person associated with a person mentioned in subparagraph (i) or (ii) .\ns 739 ins 2003 No. 5 s 25\n(sec.739-ssec.1) The commissioner may give a direction restricting access to information recorded in the register of dangerous drugs for training to persons other than— a drug control officer who reasonably needs the information for the performance of the officer’s function under this part; or a police officer who reasonably needs the information for conducting or supervising, under this part, an audit of a drug vault; or another police officer, if the police officer is performing a function associated with the keeping of dangerous drugs in the possession of the police service under this Act, whether or not under this part, and reasonably needs the information for the performance of the officer’s function; or a person stated in the direction.\n(sec.739-ssec.2) A direction under subsection (1) may restrict access to all information recorded in the register or only to information of a type stated in the direction.\n(sec.739-ssec.3) The commissioner must keep a written record of the reasons for giving a direction under subsection (1) in each particular case.\n(sec.739-ssec.4) The commissioner may give a direction under subsection (1) , and keep the direction in place, only if the commissioner considers that a failure to give the direction, or to keep the direction in place, may prejudice— the security of a drug vault; or the safety of— a drug control officer; or another person associated with keeping dangerous drugs in the possession of the police service for training purposes; or a person associated with a person mentioned in subparagraph (i) or (ii) .\n- (a) a drug control officer who reasonably needs the information for the performance of the officer’s function under this part; or\n- (b) a police officer who reasonably needs the information for conducting or supervising, under this part, an audit of a drug vault; or\n- (c) another police officer, if the police officer is performing a function associated with the keeping of dangerous drugs in the possession of the police service under this Act, whether or not under this part, and reasonably needs the information for the performance of the officer’s function; or\n- (d) a person stated in the direction.\n- (a) the security of a drug vault; or\n- (b) the safety of— (i) a drug control officer; or (ii) another person associated with keeping dangerous drugs in the possession of the police service for training purposes; or (iii) a person associated with a person mentioned in subparagraph (i) or (ii) .\n- (i) a drug control officer; or\n- (ii) another person associated with keeping dangerous drugs in the possession of the police service for training purposes; or\n- (iii) a person associated with a person mentioned in subparagraph (i) or (ii) .\n- (i) a drug control officer; or\n- (ii) another person associated with keeping dangerous drugs in the possession of the police service for training purposes; or\n- (iii) a person associated with a person mentioned in subparagraph (i) or (ii) .","sortOrder":1357},{"sectionNumber":"ch.21-pt.5","sectionType":"part","heading":"Public interest monitor","content":"# Public interest monitor","sortOrder":1358},{"sectionNumber":"sec.740","sectionType":"section","heading":"Public interest monitor","content":"### sec.740 Public interest monitor\n\nThe Governor in Council may appoint a person (the public interest monitor ) to monitor—\napplications for, and the use of, surveillance device warrants, retrieval warrants and covert search warrants; and\napplications for approvals of the use of surveillance devices under emergency authorisations; and\nthe giving of official warnings for consorting; and\nthe making of public safety orders by commissioned officers under the Peace and Good Behaviour Act 1982 ; and\nthe making of firearm prohibition orders under the Weapons Act 1990 , part 5A.\nThe Governor in Council may also appoint as many deputy public interest monitors as the Minister considers necessary.\nThe Governor in Council may, in the appointment, fix the terms and conditions of the appointment.\nThe Public Sector Act 2022 does not apply to the appointment of a monitor.\nA monitor must not be a person who is, or who is a member of, or who is employed in or by or to help, any of the following—\nthe director of public prosecutions;\nthe office of the director of public prosecutions;\nCCC;\nthe police service;\nthe principal commissioner under the Family and Child Commission Act 2014 .\ns 740 ( prev s 157) amd 2001 No. 69 s 378 sch 1 ; 2004 No. 13 s 102 sch 2 pt 2 ; 2005 No. 45 s 8\nrenum and reloc 2005 No. 45 s 11\namd 2009 No. 25 s 83 sch ; 2014 No. 21 s 94 (2) sch 2 ; 2014 No. 27 s 52 s ch 1 pt 2 ; 2016 No. 62 s 323 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 45 s 47\namd 2026 No. 4 s 29 (uncommenced amendment)\n(sec.740-ssec.1) The Governor in Council may appoint a person (the public interest monitor ) to monitor— applications for, and the use of, surveillance device warrants, retrieval warrants and covert search warrants; and applications for approvals of the use of surveillance devices under emergency authorisations; and the giving of official warnings for consorting; and the making of public safety orders by commissioned officers under the Peace and Good Behaviour Act 1982 ; and the making of firearm prohibition orders under the Weapons Act 1990 , part 5A.\n(sec.740-ssec.2) The Governor in Council may also appoint as many deputy public interest monitors as the Minister considers necessary.\n(sec.740-ssec.3) The Governor in Council may, in the appointment, fix the terms and conditions of the appointment.\n(sec.740-ssec.4) The Public Sector Act 2022 does not apply to the appointment of a monitor.\n(sec.740-ssec.5) A monitor must not be a person who is, or who is a member of, or who is employed in or by or to help, any of the following— the director of public prosecutions; the office of the director of public prosecutions; CCC; the police service; the principal commissioner under the Family and Child Commission Act 2014 .\n- (a) applications for, and the use of, surveillance device warrants, retrieval warrants and covert search warrants; and\n- (b) applications for approvals of the use of surveillance devices under emergency authorisations; and\n- (c) the giving of official warnings for consorting; and\n- (d) the making of public safety orders by commissioned officers under the Peace and Good Behaviour Act 1982 ; and\n- (e) the making of firearm prohibition orders under the Weapons Act 1990 , part 5A.\n- (a) the director of public prosecutions;\n- (b) the office of the director of public prosecutions;\n- (c) CCC;\n- (d) the police service;\n- (e) the principal commissioner under the Family and Child Commission Act 2014 .","sortOrder":1359},{"sectionNumber":"sec.741","sectionType":"section","heading":"Acting monitor","content":"### sec.741 Acting monitor\n\nThe Governor in Council may appoint a person, who is qualified for appointment as the public interest monitor, to act as the public interest monitor—\nduring a vacancy in the office; or\nduring any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\nThe Governor in Council may appoint a person, who is qualified for appointment as a deputy public interest monitor, to act as a deputy public interest monitor—\nduring a vacancy in the office; or\nduring any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\ns 741 (prev s 158) renum and reloc 2005 No. 45 s 11\n(sec.741-ssec.1) The Governor in Council may appoint a person, who is qualified for appointment as the public interest monitor, to act as the public interest monitor— during a vacancy in the office; or during any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n(sec.741-ssec.2) The Governor in Council may appoint a person, who is qualified for appointment as a deputy public interest monitor, to act as a deputy public interest monitor— during a vacancy in the office; or during any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office.","sortOrder":1360},{"sectionNumber":"sec.742","sectionType":"section","heading":"Monitor’s functions","content":"### sec.742 Monitor’s functions\n\nThe public interest monitor has the functions mentioned in subsection (2) for surveillance device warrants, retrieval warrants, approvals of the use of surveillance devices under emergency authorisations, and covert search warrants.\nThe functions are—\nto monitor compliance by police officers with chapter 9 in relation to matters concerning applications for covert search warrants; and\nto monitor compliance by law enforcement officers with chapter 13 in relation to matters concerning applications for surveillance device warrants, retrieval warrants and approvals of the use of surveillance devices under emergency authorisations; and\nto appear at any hearing of an application to a Supreme Court judge for a warrant or approval mentioned in paragraph (a) or (b) , or to a magistrate for a warrant mentioned in paragraph (b) , to test the validity of the application, and for that purpose at the hearing, to—\npresent questions for the applicant to answer and examine or cross-examine any witness; and\nmake submissions on the appropriateness of granting the application; and\nto appear at a consideration of a report made to a Supreme Court judge or a magistrate or given to the monitor and referred to a judge or magistrate under section 357 ; and\nto gather statistical information about the use and effectiveness of covert search warrants and surveillance device warrants; and\nto report as required by this Act on any matter about which this Act expressly requires the public interest monitor to report; and\nwhenever the public interest monitor considers it appropriate—\nto give to the commissioner a report on noncompliance by police officers with chapter 9 ; or\nto give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 .\nIf a report under subsection (2) includes a report on noncompliance involving police officers who are also commission officers under the Crime and Corruption Act 2001 , the monitor must also give a copy of the report to—\nthe CCC; and\nthe Parliamentary Crime and Corruption Committee of the Legislative Assembly.\nSubject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (2) (a) , (b) , (c) , (d) and (e) .\nAlso, the public interest monitor has the following functions—\nunder the Criminal Code of the Commonwealth, to exercise the power conferred on the monitor under the following sections—\nsection 104 .12 (Service, explanation and notification of an interim control order)\nsection 104 .14 (Confirming an interim control order)\nsection 104 .18 (Application by the person for a revocation or variation of a control order)\nsection 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order)\nsection 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions);\nunder the Terrorism (Preventative Detention) Act 2005 , to exercise the power conferred on the monitor under the following sections—\nsection 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority)\nsection 73 (Supreme Court hearing and decision);\nto gather statistical information about the use and effectiveness of control orders and preventative detention orders under the Acts mentioned in paragraphs (a) and (b) ;\nwhenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Terrorism (Preventative Detention) Act 2005 ;\nto gather statistical information about the use and effectiveness of official warnings for consorting;\nto gather statistical information about the use and effectiveness of public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 ;\nto gather statistical information about the use and effectiveness of firearm prohibition orders made under the Weapons Act 1990 , part 5A ;\nto monitor compliance by police officers with the Weapons Act 1990 , part 5A , division 4 ;\nwhenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Weapons Act 1990 , part 5A , division 4 .\nAlso, subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (4) .\ns 742 (prev s 159) amd 2005 No. 73 s 86 ; 2005 No. 45 s 9\nrenum and reloc 2005 No. 45 s 11\namd 2006 No. 41 s 49 ; 2007 No. 34 s 5 sch ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 62 s 324 ; 2024 No. 45 s 48\n(sec.742-ssec.1) The public interest monitor has the functions mentioned in subsection (2) for surveillance device warrants, retrieval warrants, approvals of the use of surveillance devices under emergency authorisations, and covert search warrants.\n(sec.742-ssec.2) The functions are— to monitor compliance by police officers with chapter 9 in relation to matters concerning applications for covert search warrants; and to monitor compliance by law enforcement officers with chapter 13 in relation to matters concerning applications for surveillance device warrants, retrieval warrants and approvals of the use of surveillance devices under emergency authorisations; and to appear at any hearing of an application to a Supreme Court judge for a warrant or approval mentioned in paragraph (a) or (b) , or to a magistrate for a warrant mentioned in paragraph (b) , to test the validity of the application, and for that purpose at the hearing, to— present questions for the applicant to answer and examine or cross-examine any witness; and make submissions on the appropriateness of granting the application; and to appear at a consideration of a report made to a Supreme Court judge or a magistrate or given to the monitor and referred to a judge or magistrate under section 357 ; and to gather statistical information about the use and effectiveness of covert search warrants and surveillance device warrants; and to report as required by this Act on any matter about which this Act expressly requires the public interest monitor to report; and whenever the public interest monitor considers it appropriate— to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 .\n(sec.742-ssec.2A) If a report under subsection (2) includes a report on noncompliance involving police officers who are also commission officers under the Crime and Corruption Act 2001 , the monitor must also give a copy of the report to— the CCC; and the Parliamentary Crime and Corruption Committee of the Legislative Assembly.\n(sec.742-ssec.3) Subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (2) (a) , (b) , (c) , (d) and (e) .\n(sec.742-ssec.4) Also, the public interest monitor has the following functions— under the Criminal Code of the Commonwealth, to exercise the power conferred on the monitor under the following sections— section 104 .12 (Service, explanation and notification of an interim control order) section 104 .14 (Confirming an interim control order) section 104 .18 (Application by the person for a revocation or variation of a control order) section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order) section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions); under the Terrorism (Preventative Detention) Act 2005 , to exercise the power conferred on the monitor under the following sections— section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority) section 73 (Supreme Court hearing and decision); to gather statistical information about the use and effectiveness of control orders and preventative detention orders under the Acts mentioned in paragraphs (a) and (b) ; whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Terrorism (Preventative Detention) Act 2005 ; to gather statistical information about the use and effectiveness of official warnings for consorting; to gather statistical information about the use and effectiveness of public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 ; to gather statistical information about the use and effectiveness of firearm prohibition orders made under the Weapons Act 1990 , part 5A ; to monitor compliance by police officers with the Weapons Act 1990 , part 5A , division 4 ; whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Weapons Act 1990 , part 5A , division 4 .\n(sec.742-ssec.5) Also, subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (4) .\n- (a) to monitor compliance by police officers with chapter 9 in relation to matters concerning applications for covert search warrants; and\n- (b) to monitor compliance by law enforcement officers with chapter 13 in relation to matters concerning applications for surveillance device warrants, retrieval warrants and approvals of the use of surveillance devices under emergency authorisations; and\n- (c) to appear at any hearing of an application to a Supreme Court judge for a warrant or approval mentioned in paragraph (a) or (b) , or to a magistrate for a warrant mentioned in paragraph (b) , to test the validity of the application, and for that purpose at the hearing, to— (i) present questions for the applicant to answer and examine or cross-examine any witness; and (ii) make submissions on the appropriateness of granting the application; and\n- (i) present questions for the applicant to answer and examine or cross-examine any witness; and\n- (ii) make submissions on the appropriateness of granting the application; and\n- (d) to appear at a consideration of a report made to a Supreme Court judge or a magistrate or given to the monitor and referred to a judge or magistrate under section 357 ; and\n- (e) to gather statistical information about the use and effectiveness of covert search warrants and surveillance device warrants; and\n- (f) to report as required by this Act on any matter about which this Act expressly requires the public interest monitor to report; and\n- (g) whenever the public interest monitor considers it appropriate— (i) to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or (ii) to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 .\n- (i) to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or\n- (ii) to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 .\n- (i) present questions for the applicant to answer and examine or cross-examine any witness; and\n- (ii) make submissions on the appropriateness of granting the application; and\n- (i) to give to the commissioner a report on noncompliance by police officers with chapter 9 ; or\n- (ii) to give to the chief executive officer of a law enforcement agency a report on noncompliance by law enforcement officers of the law enforcement agency with chapter 13 .\n- (a) the CCC; and\n- (b) the Parliamentary Crime and Corruption Committee of the Legislative Assembly.\n- (a) under the Criminal Code of the Commonwealth, to exercise the power conferred on the monitor under the following sections— • section 104 .12 (Service, explanation and notification of an interim control order) • section 104 .14 (Confirming an interim control order) • section 104 .18 (Application by the person for a revocation or variation of a control order) • section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order) • section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions);\n- • section 104 .12 (Service, explanation and notification of an interim control order)\n- • section 104 .14 (Confirming an interim control order)\n- • section 104 .18 (Application by the person for a revocation or variation of a control order)\n- • section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order)\n- • section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions);\n- (b) under the Terrorism (Preventative Detention) Act 2005 , to exercise the power conferred on the monitor under the following sections— • section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority) • section 73 (Supreme Court hearing and decision);\n- • section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority)\n- • section 73 (Supreme Court hearing and decision);\n- (c) to gather statistical information about the use and effectiveness of control orders and preventative detention orders under the Acts mentioned in paragraphs (a) and (b) ;\n- (d) whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Terrorism (Preventative Detention) Act 2005 ;\n- (e) to gather statistical information about the use and effectiveness of official warnings for consorting;\n- (f) to gather statistical information about the use and effectiveness of public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 ;\n- (g) to gather statistical information about the use and effectiveness of firearm prohibition orders made under the Weapons Act 1990 , part 5A ;\n- (h) to monitor compliance by police officers with the Weapons Act 1990 , part 5A , division 4 ;\n- (i) whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Weapons Act 1990 , part 5A , division 4 .\n- • section 104 .12 (Service, explanation and notification of an interim control order)\n- • section 104 .14 (Confirming an interim control order)\n- • section 104 .18 (Application by the person for a revocation or variation of a control order)\n- • section 104 .19 (Application by the AFP Commissioner for a revocation or variation of a control order)\n- • section 104 .23 (Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions);\n- • section 14 (General provisions that apply if the PIM must be notified about an application to the issuing authority)\n- • section 73 (Supreme Court hearing and decision);","sortOrder":1361},{"sectionNumber":"sec.743","sectionType":"section","heading":"Monitor’s annual report","content":"### sec.743 Monitor’s annual report\n\nAs soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the public interest monitor must prepare and give to the Minister a written report on the use of covert search warrants under this Act.\nUnder section 363 , the monitor, as inspection entity for the police service under chapter 13 , is also required to prepare reports on matters relating to surveillance device warrants and give the Minister a copy of the report.\nAlso, a report relating to a year must include the following matters under the Terrorism (Preventative Detention) Act 2005 —\nthe number of initial orders made during the year;\nthe number of final orders made during the year;\nwhether a person was taken into custody under each of those orders and, if so, how long the person was detained for;\nparticulars of any complaints about the detention of a person under a preventative detention order made or referred during the year to the ombudsman or the CCC;\nthe number of prohibited contact orders made during the year;\nthe use of preventative detention orders and prohibited contact orders generally.\nAlso, a report relating to a year must include the following matters under the Criminal Code of the Commonwealth, division 104, in relation to matters involving the public interest monitor—\nthe number of control orders confirmed, declared void, revoked or varied during the year;\nthe use of control orders generally.\nAlso, a report relating to a year must include the following matters relating to official warnings for consorting—\nthe number of official warnings for consorting given during the year;\nthe number of times the giving of an official warning for consorting led to a person committing an offence against section 790 or 791 ;\nthe extent of compliance by the police service with chapter 2 , part 6A ;\nthe use of official warnings for consorting generally.\nAlso, a report relating to a year must include the following matters relating to public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 —\nthe number of public safety orders made by commissioned officers during the year;\nthe extent of compliance by the police service with the Peace and Good Behaviour Act 1982 , part 3 , division 2 ;\nthe use of public safety orders generally.\nAlso, a report relating to a year must include the following matters relating to firearm prohibition orders made under the Weapons Act 1990 , part 5A —\nthe number of firearm prohibition orders—\nmade under section 141G of that Act during the year; or\nmade under section 141H of that Act during the year; or\nrevoked during the year under section 141G(5) or 141H(7) of that Act;\nthe number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141G of that Act;\nthe number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141H of that Act;\nthe number of charges made during the year for the following offences if the charge arises from a search under part 5A, division 4 of that Act—\nan offence under that Act;\nan offence under another law;\nthe number of firearms and firearm related items seized under part 5A, division 4 of that Act in the year;\nthe number of firearms and firearm related items given to or seized by a police officer under section 141W of that Act in the year;\nthe extent of compliance by the police service with part 5A, division 4 of that Act;\nthe use of firearm prohibition orders generally.\nThe public interest monitor must, within the period mentioned in subsection (1) , give to the Minister responsible for administering the Peace and Good Behaviour Act 1982 and the Minister responsible for administering the Criminal Code , a copy of any part of a report relating to a year that relates to a matter mentioned in subsection (3A) or (3B) .\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\nThe annual report must not contain information that—\ndiscloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or\nindicates a particular investigation has been, is being, or is to be conducted.\nThe public interest monitor’s report may form part of another annual report the monitor is required to prepare under another Act.\ns 743 (prev s 160) amd 2005 No. 73 s 87 ; 2005 No. 45 s 10\nrenum and reloc 2005 No. 45 s 11\namd 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 62 s 325 ; 2024 No. 45 s 49\namd 2026 No. 4 s 30 (uncommenced amendment)\n(sec.743-ssec.1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the public interest monitor must prepare and give to the Minister a written report on the use of covert search warrants under this Act. Under section 363 , the monitor, as inspection entity for the police service under chapter 13 , is also required to prepare reports on matters relating to surveillance device warrants and give the Minister a copy of the report.\n(sec.743-ssec.2) Also, a report relating to a year must include the following matters under the Terrorism (Preventative Detention) Act 2005 — the number of initial orders made during the year; the number of final orders made during the year; whether a person was taken into custody under each of those orders and, if so, how long the person was detained for; particulars of any complaints about the detention of a person under a preventative detention order made or referred during the year to the ombudsman or the CCC; the number of prohibited contact orders made during the year; the use of preventative detention orders and prohibited contact orders generally.\n(sec.743-ssec.3) Also, a report relating to a year must include the following matters under the Criminal Code of the Commonwealth, division 104, in relation to matters involving the public interest monitor— the number of control orders confirmed, declared void, revoked or varied during the year; the use of control orders generally.\n(sec.743-ssec.3A) Also, a report relating to a year must include the following matters relating to official warnings for consorting— the number of official warnings for consorting given during the year; the number of times the giving of an official warning for consorting led to a person committing an offence against section 790 or 791 ; the extent of compliance by the police service with chapter 2 , part 6A ; the use of official warnings for consorting generally.\n(sec.743-ssec.3B) Also, a report relating to a year must include the following matters relating to public safety orders made by commissioned officers under the Peace and Good Behaviour Act 1982 — the number of public safety orders made by commissioned officers during the year; the extent of compliance by the police service with the Peace and Good Behaviour Act 1982 , part 3 , division 2 ; the use of public safety orders generally.\n(sec.743-ssec.3BA) Also, a report relating to a year must include the following matters relating to firearm prohibition orders made under the Weapons Act 1990 , part 5A — the number of firearm prohibition orders— made under section 141G of that Act during the year; or made under section 141H of that Act during the year; or revoked during the year under section 141G(5) or 141H(7) of that Act; the number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141G of that Act; the number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141H of that Act; the number of charges made during the year for the following offences if the charge arises from a search under part 5A, division 4 of that Act— an offence under that Act; an offence under another law; the number of firearms and firearm related items seized under part 5A, division 4 of that Act in the year; the number of firearms and firearm related items given to or seized by a police officer under section 141W of that Act in the year; the extent of compliance by the police service with part 5A, division 4 of that Act; the use of firearm prohibition orders generally.\n(sec.743-ssec.3C) The public interest monitor must, within the period mentioned in subsection (1) , give to the Minister responsible for administering the Peace and Good Behaviour Act 1982 and the Minister responsible for administering the Criminal Code , a copy of any part of a report relating to a year that relates to a matter mentioned in subsection (3A) or (3B) .\n(sec.743-ssec.4) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.743-ssec.5) The annual report must not contain information that— discloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or indicates a particular investigation has been, is being, or is to be conducted.\n(sec.743-ssec.6) The public interest monitor’s report may form part of another annual report the monitor is required to prepare under another Act.\n- (a) the number of initial orders made during the year;\n- (b) the number of final orders made during the year;\n- (c) whether a person was taken into custody under each of those orders and, if so, how long the person was detained for;\n- (d) particulars of any complaints about the detention of a person under a preventative detention order made or referred during the year to the ombudsman or the CCC;\n- (e) the number of prohibited contact orders made during the year;\n- (f) the use of preventative detention orders and prohibited contact orders generally.\n- (a) the number of control orders confirmed, declared void, revoked or varied during the year;\n- (b) the use of control orders generally.\n- (a) the number of official warnings for consorting given during the year;\n- (b) the number of times the giving of an official warning for consorting led to a person committing an offence against section 790 or 791 ;\n- (c) the extent of compliance by the police service with chapter 2 , part 6A ;\n- (d) the use of official warnings for consorting generally.\n- (a) the number of public safety orders made by commissioned officers during the year;\n- (b) the extent of compliance by the police service with the Peace and Good Behaviour Act 1982 , part 3 , division 2 ;\n- (c) the use of public safety orders generally.\n- (a) the number of firearm prohibition orders— (i) made under section 141G of that Act during the year; or (ii) made under section 141H of that Act during the year; or (iii) revoked during the year under section 141G(5) or 141H(7) of that Act;\n- (i) made under section 141G of that Act during the year; or\n- (ii) made under section 141H of that Act during the year; or\n- (iii) revoked during the year under section 141G(5) or 141H(7) of that Act;\n- (b) the number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141G of that Act;\n- (c) the number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141H of that Act;\n- (d) the number of charges made during the year for the following offences if the charge arises from a search under part 5A, division 4 of that Act— (i) an offence under that Act; (ii) an offence under another law;\n- (i) an offence under that Act;\n- (ii) an offence under another law;\n- (e) the number of firearms and firearm related items seized under part 5A, division 4 of that Act in the year;\n- (f) the number of firearms and firearm related items given to or seized by a police officer under section 141W of that Act in the year;\n- (g) the extent of compliance by the police service with part 5A, division 4 of that Act;\n- (h) the use of firearm prohibition orders generally.\n- (i) made under section 141G of that Act during the year; or\n- (ii) made under section 141H of that Act during the year; or\n- (iii) revoked during the year under section 141G(5) or 141H(7) of that Act;\n- (i) an offence under that Act;\n- (ii) an offence under another law;\n- (a) discloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or\n- (b) indicates a particular investigation has been, is being, or is to be conducted.","sortOrder":1362},{"sectionNumber":"sec.744","sectionType":"section","heading":"Secrecy","content":"### sec.744 Secrecy\n\nA person who is or was a monitor must not record, use or disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act.\nMaximum penalty—85 penalty units or 1 year’s imprisonment.\nSubsection (1) does not apply to a person’s recording, use or disclosure of information in the performance of the person’s functions under this Act.\nA person who is or was a monitor is not in any proceeding compellable to disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act.\ns 744 (prev s 161) renum and reloc 2005 No. 45 s 11\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.744-ssec.1) A person who is or was a monitor must not record, use or disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act. Maximum penalty—85 penalty units or 1 year’s imprisonment.\n(sec.744-ssec.2) Subsection (1) does not apply to a person’s recording, use or disclosure of information in the performance of the person’s functions under this Act.\n(sec.744-ssec.3) A person who is or was a monitor is not in any proceeding compellable to disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act.","sortOrder":1363},{"sectionNumber":"sec.745","sectionType":"section","heading":"Protection from liability","content":"### sec.745 Protection from liability\n\nA monitor does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a monitor, the liability attaches instead to the State.\ns 745 (prev s 162) renum and reloc 2005 No. 45 s 11\n(sec.745-ssec.1) A monitor does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.745-ssec.2) If subsection (1) prevents a civil liability attaching to a monitor, the liability attaches instead to the State.","sortOrder":1364},{"sectionNumber":"ch.22-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1365},{"sectionNumber":"ch.22-pt.1-div.1","sectionType":"division","heading":"Purpose","content":"## Purpose","sortOrder":1366},{"sectionNumber":"sec.746","sectionType":"section","heading":"Purpose of chapter","content":"### sec.746 Purpose of chapter\n\nThe purpose of this chapter is to enhance community safety by—\nreducing the need for police officers to use a police service motor vehicle to pursue another motor vehicle if the driver fails to stop when directed; and\nhelping police officers investigate type 1 vehicle related offences.\nThe purpose is mainly achieved by—\nproviding for an evasion offence; and\nproviding a power to help police officers investigate type 1 vehicle related offences; and\nenabling a court to order the impoundment or forfeiture of a motor vehicle after the court finds the driver of the motor vehicle guilty of an evasion offence.\ns 746 ins 2006 No. 26 s 79\nsub 2018 No. 20 s 36\namd 2021 No. 9 s 9\n(sec.746-ssec.1) The purpose of this chapter is to enhance community safety by— reducing the need for police officers to use a police service motor vehicle to pursue another motor vehicle if the driver fails to stop when directed; and helping police officers investigate type 1 vehicle related offences.\n(sec.746-ssec.2) The purpose is mainly achieved by— providing for an evasion offence; and providing a power to help police officers investigate type 1 vehicle related offences; and enabling a court to order the impoundment or forfeiture of a motor vehicle after the court finds the driver of the motor vehicle guilty of an evasion offence.\n- (a) reducing the need for police officers to use a police service motor vehicle to pursue another motor vehicle if the driver fails to stop when directed; and\n- (b) helping police officers investigate type 1 vehicle related offences.\n- (a) providing for an evasion offence; and\n- (b) providing a power to help police officers investigate type 1 vehicle related offences; and\n- (c) enabling a court to order the impoundment or forfeiture of a motor vehicle after the court finds the driver of the motor vehicle guilty of an evasion offence.","sortOrder":1367},{"sectionNumber":"ch.22-pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":1368},{"sectionNumber":"sec.747","sectionType":"section","heading":"Definitions for chapter","content":"### sec.747 Definitions for chapter\n\nIn this chapter—\nalarm includes a horn, a siren and another audible warning device.\ncorresponding law , in relation to a transport Act, means a corresponding law under the Road Use Management Act .\ndeclaration ...\ns 747 def declaration om 2018 No. 20 s 37 (1)\nevasion offence ...\ns 747 def evasion offence om 2021 No. 9 s 10 (2)\nforfeiture order see section 759 .\nimpounding order see section 758 .\nnominated person , in relation to a type 1 vehicle related offence, means the person nominated by either of the following as the driver of the motor vehicle involved in the type 1 vehicle related offence when the offence was committed—\nthe owner of the motor vehicle;\na person nominated in a statutory declaration made under section 755 as any of the following—\nthe person believed to be driving the motor vehicle when the type 1 vehicle related offence happened;\nthe person to whom the motor vehicle was sold;\nthe person from whom the motor vehicle was purchased.\ns 747 def nominated person amd 2018 No. 20 s 37 (2) ; 2021 No. 9 s 10 (3) – (4)\nowner , of a motor vehicle—\ngenerally, means a person in whose name the motor vehicle is registered under a transport Act or corresponding law; or\nfor a proceeding for an impounding order or a forfeiture order, includes a holder of a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) .\ns 747 def owner amd 2010 No. 44 s 194 ; 2018 No. 20 s 37 (3)\nprescribed period , in relation to an application for a forfeiture order, means the relevant period and any period from the end of the relevant period to and including the day on which the application is heard and decided.\nrelevant court , in relation to an application for an impounding order or a forfeiture order under this chapter, means—\nthe Magistrates Court for the Magistrates Court district, or division of the district, nearest the place where the evasion offence to which the application relates happened; or\nif the driver of the motor vehicle is a child—a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, nearest the place where the evasion offence to which the application relates happened.\nrelevant period , in relation to an evasion offence to which an application for an impounding order or a forfeiture order relates, means the period of 3 years before the commission of the evasion offence giving rise to the application for the impounding order or forfeiture order.\ns 747 def relevant period sub 2007 No. 1 s 20\nstop , when used in relation to a direction given to a driver of a motor vehicle under this chapter, includes remain at the place where the driver stops the motor vehicle until the driver is allowed to proceed or is otherwise dealt with according to law.\nwarning light see section 749 .\ns 747 ins 2006 No. 26 s 79\namd 2021 No. 9 s 10 (1)\n- (a) the owner of the motor vehicle;\n- (b) a person nominated in a statutory declaration made under section 755 as any of the following— (i) the person believed to be driving the motor vehicle when the type 1 vehicle related offence happened; (ii) the person to whom the motor vehicle was sold; (iii) the person from whom the motor vehicle was purchased.\n- (i) the person believed to be driving the motor vehicle when the type 1 vehicle related offence happened;\n- (ii) the person to whom the motor vehicle was sold;\n- (iii) the person from whom the motor vehicle was purchased.\n- (i) the person believed to be driving the motor vehicle when the type 1 vehicle related offence happened;\n- (ii) the person to whom the motor vehicle was sold;\n- (iii) the person from whom the motor vehicle was purchased.\n- (a) generally, means a person in whose name the motor vehicle is registered under a transport Act or corresponding law; or\n- (b) for a proceeding for an impounding order or a forfeiture order, includes a holder of a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) .\n- (a) the Magistrates Court for the Magistrates Court district, or division of the district, nearest the place where the evasion offence to which the application relates happened; or\n- (b) if the driver of the motor vehicle is a child—a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, nearest the place where the evasion offence to which the application relates happened.","sortOrder":1369},{"sectionNumber":"sec.748","sectionType":"section","heading":"Giving a direction for ch 22","content":"### sec.748 Giving a direction for ch 22\n\nFor this chapter, a police officer gives a direction to the driver of another motor vehicle if—\nthe police officer is in or on a police service motor vehicle that is being used to attempt to intercept the motor vehicle the driver is driving; and\nthe driver of the police service motor vehicle brings that motor vehicle to a position in relation to the other motor vehicle where the driver or another police officer in or on the police service motor vehicle can give the driver of the other motor vehicle a direction to stop the other motor vehicle; and\nthe police officer signals to the driver of the other motor vehicle to stop the motor vehicle—\nby giving a physical or audible signal; or\nby displaying a warning light or warning lights and sounding an alarm.\nFor subsection (1) , a police officer gives a direction to the driver of a motor vehicle when whichever of the following first happens—\nthe police officer gives a physical or audible signal to the driver of the motor vehicle;\nthe police officer displays the warning lights and sounds an alarm fitted to the police service motor vehicle being used to attempt to intercept the motor vehicle.\ns 748 ins 2006 No. 26 s 79\n(sec.748-ssec.1) For this chapter, a police officer gives a direction to the driver of another motor vehicle if— the police officer is in or on a police service motor vehicle that is being used to attempt to intercept the motor vehicle the driver is driving; and the driver of the police service motor vehicle brings that motor vehicle to a position in relation to the other motor vehicle where the driver or another police officer in or on the police service motor vehicle can give the driver of the other motor vehicle a direction to stop the other motor vehicle; and the police officer signals to the driver of the other motor vehicle to stop the motor vehicle— by giving a physical or audible signal; or by displaying a warning light or warning lights and sounding an alarm.\n(sec.748-ssec.2) For subsection (1) , a police officer gives a direction to the driver of a motor vehicle when whichever of the following first happens— the police officer gives a physical or audible signal to the driver of the motor vehicle; the police officer displays the warning lights and sounds an alarm fitted to the police service motor vehicle being used to attempt to intercept the motor vehicle.\n- (a) the police officer is in or on a police service motor vehicle that is being used to attempt to intercept the motor vehicle the driver is driving; and\n- (b) the driver of the police service motor vehicle brings that motor vehicle to a position in relation to the other motor vehicle where the driver or another police officer in or on the police service motor vehicle can give the driver of the other motor vehicle a direction to stop the other motor vehicle; and\n- (c) the police officer signals to the driver of the other motor vehicle to stop the motor vehicle— (i) by giving a physical or audible signal; or (ii) by displaying a warning light or warning lights and sounding an alarm.\n- (i) by giving a physical or audible signal; or\n- (ii) by displaying a warning light or warning lights and sounding an alarm.\n- (i) by giving a physical or audible signal; or\n- (ii) by displaying a warning light or warning lights and sounding an alarm.\n- (a) the police officer gives a physical or audible signal to the driver of the motor vehicle;\n- (b) the police officer displays the warning lights and sounds an alarm fitted to the police service motor vehicle being used to attempt to intercept the motor vehicle.","sortOrder":1370},{"sectionNumber":"sec.749","sectionType":"section","heading":"What is a warning light for ch 22","content":"### sec.749 What is a warning light for ch 22\n\nA warning light is any of the following displayed by a police officer while using a police service motor vehicle to attempt to intercept another motor vehicle—\nflashing blue and red lights;\na flashing blue light;\nanother flashing light, including alternately flashing headlights and alternately flashing tail-lights.\ns 749 ins 2006 No. 26 s 79\n- (a) flashing blue and red lights;\n- (b) a flashing blue light;\n- (c) another flashing light, including alternately flashing headlights and alternately flashing tail-lights.","sortOrder":1371},{"sectionNumber":"sec.750","sectionType":"section","heading":"When a person is charged for this chapter in relation to an evasion offence if proceeding for the offence is started by notice to appear or arrest","content":"### sec.750 When a person is charged for this chapter in relation to an evasion offence if proceeding for the offence is started by notice to appear or arrest\n\nThis section applies for this chapter if a proceeding for an evasion offence is started against a person by notice to appear or arrest.\nIf the proceeding is started by notice to appear, the person is taken to be charged with having committed the offence when the notice to appear is issued and served on the person.\nIf the proceeding is started by arrest, the person is taken to be charged with having committed the offence when the person is arrested.\ns 750 ins 2006 No. 26 s 79\n(sec.750-ssec.1) This section applies for this chapter if a proceeding for an evasion offence is started against a person by notice to appear or arrest.\n(sec.750-ssec.2) If the proceeding is started by notice to appear, the person is taken to be charged with having committed the offence when the notice to appear is issued and served on the person.\n(sec.750-ssec.3) If the proceeding is started by arrest, the person is taken to be charged with having committed the offence when the person is arrested.","sortOrder":1372},{"sectionNumber":"sec.751","sectionType":"section","heading":"Impounding or forfeiture of motor vehicle is in addition to other punishment","content":"### sec.751 Impounding or forfeiture of motor vehicle is in addition to other punishment\n\nThe impounding or forfeiture of a motor vehicle under this chapter arising out of the commission of an evasion offence is in addition to any other penalty that may be imposed on the person for the evasion offence.\ns 751 ins 2006 No. 26 s 79","sortOrder":1373},{"sectionNumber":"sec.752","sectionType":"section","heading":"Interaction between ch 4 and this chapter","content":"### sec.752 Interaction between ch 4 and this chapter\n\nThis section applies if the driver of a motor vehicle commits an evasion offence.\nAn application for an impounding order or a forfeiture order may be made under this chapter whether or not the motor vehicle may be impounded or immobilised under chapter 4 .\nA motor vehicle may be impounded or immobilised under chapter 4 whether or not an application for an impounding order or a forfeiture order may be made under this chapter.\ns 752 ins 2006 No. 26 s 79\nsub 2013 No. 15 s 76\n(sec.752-ssec.1) This section applies if the driver of a motor vehicle commits an evasion offence.\n(sec.752-ssec.2) An application for an impounding order or a forfeiture order may be made under this chapter whether or not the motor vehicle may be impounded or immobilised under chapter 4 .\n(sec.752-ssec.3) A motor vehicle may be impounded or immobilised under chapter 4 whether or not an application for an impounding order or a forfeiture order may be made under this chapter.","sortOrder":1374},{"sectionNumber":"ch.22-pt.1-div.3","sectionType":"division","heading":"Relationship with National Credit Code","content":"## Relationship with National Credit Code","sortOrder":1375},{"sectionNumber":"sec.753","sectionType":"section","heading":"Relationship with National Credit Code","content":"### sec.753 Relationship with National Credit Code\n\nNothing in this chapter affects the right of a credit provider to repossess a motor vehicle under the National Credit Code and sell it.\ns 753 ins 2006 No. 26 s 79\namd 2010 No. 16 s 35 sch","sortOrder":1376},{"sectionNumber":"ch.22-pt.2","sectionType":"part","heading":"Offences and related provisions","content":"# Offences and related provisions","sortOrder":1377},{"sectionNumber":"ch.22-pt.2-div.1","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":1378},{"sectionNumber":"sec.754","sectionType":"section","heading":"Evasion offence","content":"### sec.754 Evasion offence\n\nThis section applies if, in the exercise of a power under an Act, a police officer using a police service motor vehicle gives the driver of another motor vehicle a direction to stop the motor vehicle the driver is driving.\nThe driver of the motor vehicle must stop the motor vehicle as soon as reasonably practicable if a reasonable person would stop the motor vehicle in the circumstances.\nMinimum penalty—50 penalty units or 50 days imprisonment served wholly in a corrective services facility.\nMaximum penalty—\nif a circumstance of aggravation under subsection (3) applies—300 penalty units or 5 years imprisonment; or\notherwise—200 penalty units or 3 years imprisonment.\nFor subsection (2) , maximum penalty, paragraph (a) , it is a circumstance of aggravation that—\nthe offence is committed in the night; or\nthe offender—\nuses or threatens to use actual violence; or\nis or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\nis in company with 1 or more persons; or\ndamages, or threatens or attempts to damage, any property; or\nhas been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 .\nAn offence against subsection (2) with a circumstance of aggravation under subsection (3) is a misdemeanour.\nIf a court convicts a person of an offence against subsection (2) , the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for 2 years.\nFor subsection (2) , it is sufficient evidence of the commission of the offence if the evidence is that the driver, in failing to stop, took action to avoid being intercepted by a police officer.\nAlso, for subsection (2) it is immaterial that the driver had a mistaken belief that the motor vehicle from which the police officer was giving the direction was an emergency vehicle unless the driver proves, on the balance of probabilities, that a reasonable person in the circumstances would have believed the motor vehicle was an emergency vehicle.\nThis section does not limit section 60 .\nIn this section—\nemergency vehicle means a motor vehicle driven by a person performing functions as an ambulance officer or fire officer who drives the motor vehicle in the course of the person’s duties as an ambulance officer or fire officer for any of the following—\nthe Queensland Ambulance Service;\nan ambulance service of another State;\nQueensland Fire and Rescue under the Fire Services Act 1990 ;\nRural Fire Service Queensland under the Fire Services Act 1990 ;\na fire brigade or service of another State.\nsentence see the Penalties and Sentences Act 1992 , section 4 .\ns 754 ins 2006 No. 26 s 79\namd 2012 No. 19 s 21 ; 2013 No. 45 s 64 ; 2014 No. 17 s 111 ; 2014 No. 43 s 20 ; 2016 No. 62 s 307 ; 2018 No. 20 s 38 ; 2021 No. 9 s 11 ; 2023 No. 11 s 15 ; 2024 No. 24 s 57 sch 1 pt 2; 2024 No. 22 s 92 sch 1\n(sec.754-ssec.1) This section applies if, in the exercise of a power under an Act, a police officer using a police service motor vehicle gives the driver of another motor vehicle a direction to stop the motor vehicle the driver is driving.\n(sec.754-ssec.2) The driver of the motor vehicle must stop the motor vehicle as soon as reasonably practicable if a reasonable person would stop the motor vehicle in the circumstances. Minimum penalty—50 penalty units or 50 days imprisonment served wholly in a corrective services facility. Maximum penalty— if a circumstance of aggravation under subsection (3) applies—300 penalty units or 5 years imprisonment; or otherwise—200 penalty units or 3 years imprisonment.\n(sec.754-ssec.3) For subsection (2) , maximum penalty, paragraph (a) , it is a circumstance of aggravation that— the offence is committed in the night; or the offender— uses or threatens to use actual violence; or is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or is in company with 1 or more persons; or damages, or threatens or attempts to damage, any property; or has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 .\n(sec.754-ssec.4) An offence against subsection (2) with a circumstance of aggravation under subsection (3) is a misdemeanour.\n(sec.754-ssec.5) If a court convicts a person of an offence against subsection (2) , the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for 2 years.\n(sec.754-ssec.6) For subsection (2) , it is sufficient evidence of the commission of the offence if the evidence is that the driver, in failing to stop, took action to avoid being intercepted by a police officer.\n(sec.754-ssec.7) Also, for subsection (2) it is immaterial that the driver had a mistaken belief that the motor vehicle from which the police officer was giving the direction was an emergency vehicle unless the driver proves, on the balance of probabilities, that a reasonable person in the circumstances would have believed the motor vehicle was an emergency vehicle.\n(sec.754-ssec.8) This section does not limit section 60 .\n(sec.754-ssec.9) In this section— emergency vehicle means a motor vehicle driven by a person performing functions as an ambulance officer or fire officer who drives the motor vehicle in the course of the person’s duties as an ambulance officer or fire officer for any of the following— the Queensland Ambulance Service; an ambulance service of another State; Queensland Fire and Rescue under the Fire Services Act 1990 ; Rural Fire Service Queensland under the Fire Services Act 1990 ; a fire brigade or service of another State. sentence see the Penalties and Sentences Act 1992 , section 4 .\n- (a) if a circumstance of aggravation under subsection (3) applies—300 penalty units or 5 years imprisonment; or\n- (b) otherwise—200 penalty units or 3 years imprisonment.\n- (a) the offence is committed in the night; or\n- (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property; or (v) has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 .\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property; or\n- (v) has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 .\n- (i) uses or threatens to use actual violence; or\n- (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or\n- (iii) is in company with 1 or more persons; or\n- (iv) damages, or threatens or attempts to damage, any property; or\n- (v) has been previously convicted under this section or the Criminal Code , section 328A , 408A or 427 .\n- (a) the Queensland Ambulance Service;\n- (b) an ambulance service of another State;\n- (c) Queensland Fire and Rescue under the Fire Services Act 1990 ;\n- (d) Rural Fire Service Queensland under the Fire Services Act 1990 ;\n- (e) a fire brigade or service of another State.","sortOrder":1379},{"sectionNumber":"sec.754A","sectionType":"section","heading":"Proceedings for particular offences against s 754","content":"### sec.754A Proceedings for particular offences against s 754\n\nA charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.\nThe maximum penalty that may be imposed on a summary conviction for an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) is 3 years imprisonment.\nThe Magistrates Court must abstain from dealing summarily with a charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\nIf the Magistrates Court abstains from jurisdiction—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\ns 754A ins 2023 No. 11 s 16\n(sec.754A-ssec.1) A charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.\n(sec.754A-ssec.2) The maximum penalty that may be imposed on a summary conviction for an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) is 3 years imprisonment.\n(sec.754A-ssec.3) The Magistrates Court must abstain from dealing summarily with a charge of an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n(sec.754A-ssec.4) If the Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.","sortOrder":1380},{"sectionNumber":"ch.22-pt.2-div.2","sectionType":"division","heading":"Matters about investigation of type 1 vehicle related offence","content":"## Matters about investigation of type 1 vehicle related offence","sortOrder":1381},{"sectionNumber":"sec.755","sectionType":"section","heading":"When type 1 vehicle related offence notice may be given to owner of motor vehicle involved in offence","content":"### sec.755 When type 1 vehicle related offence notice may be given to owner of motor vehicle involved in offence\n\nThis section applies if, on the investigation of a type 1 vehicle related offence, it appears to a police officer investigating the offence that giving the owner of the motor vehicle involved in the offence a notice under this section may help in the investigation.\nThe police officer may, by written notice (a type 1 vehicle related offence notice ) given to the owner, require the owner to—\nmake a statutory declaration complying with section 755A ; and\ngive the statutory declaration to either of the following officers within 14 business days after being given the notice—\nthe police officer named in the notice;\nthe officer in charge of a stated police station or police establishment.\nThe type 1 vehicle related offence notice must identify the motor vehicle involved in the type 1 vehicle related offence and state all of the following—\nwhen and where the offence was committed;\nthe name and address of the person in whose name the motor vehicle was registered, when the offence was committed, under a transport Act or a corresponding law;\nthat the owner must comply with the requirement within the 14 business days unless the owner has a reasonable excuse;\nthe consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756 to the owner in any proceeding for the offence;\nthe nature of the information the owner must include in the statutory declaration;\nthat, if the owner is a corporation, the statutory declaration must be signed by an executive officer of the corporation.\nIf the owner is an individual, the police officer must—\npersonally give the type 1 vehicle related offence notice to the owner; and\nwhen giving the type 1 vehicle related offence notice to the owner, explain to the owner—\nwhat the notice requires the owner to do; and\nthe consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence.\nThe owner must comply with the requirement to the extent it requires the owner to give a statutory declaration under subsection (2) (b) unless the owner has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA conviction of the owner for the offence against subsection (5) does not prevent the following—\na proceeding for the type 1 vehicle related offence being started against the owner, including being started because of section 756 ;\na punishment being imposed on the owner if convicted of the type 1 vehicle related offence.\nThis section applies to a nominated person in the same way as it applies to an owner.\ns 755 ins 2006 No. 26 s 79\namd 2007 No. 1 s 21 ; 2018 No. 20 s 39 ; 2021 No. 9 s 13\n(sec.755-ssec.1) This section applies if, on the investigation of a type 1 vehicle related offence, it appears to a police officer investigating the offence that giving the owner of the motor vehicle involved in the offence a notice under this section may help in the investigation.\n(sec.755-ssec.2) The police officer may, by written notice (a type 1 vehicle related offence notice ) given to the owner, require the owner to— make a statutory declaration complying with section 755A ; and give the statutory declaration to either of the following officers within 14 business days after being given the notice— the police officer named in the notice; the officer in charge of a stated police station or police establishment.\n(sec.755-ssec.3) The type 1 vehicle related offence notice must identify the motor vehicle involved in the type 1 vehicle related offence and state all of the following— when and where the offence was committed; the name and address of the person in whose name the motor vehicle was registered, when the offence was committed, under a transport Act or a corresponding law; that the owner must comply with the requirement within the 14 business days unless the owner has a reasonable excuse; the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756 to the owner in any proceeding for the offence; the nature of the information the owner must include in the statutory declaration; that, if the owner is a corporation, the statutory declaration must be signed by an executive officer of the corporation.\n(sec.755-ssec.4) If the owner is an individual, the police officer must— personally give the type 1 vehicle related offence notice to the owner; and when giving the type 1 vehicle related offence notice to the owner, explain to the owner— what the notice requires the owner to do; and the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence.\n(sec.755-ssec.5) The owner must comply with the requirement to the extent it requires the owner to give a statutory declaration under subsection (2) (b) unless the owner has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.755-ssec.6) A conviction of the owner for the offence against subsection (5) does not prevent the following— a proceeding for the type 1 vehicle related offence being started against the owner, including being started because of section 756 ; a punishment being imposed on the owner if convicted of the type 1 vehicle related offence.\n(sec.755-ssec.7) This section applies to a nominated person in the same way as it applies to an owner.\n- (a) make a statutory declaration complying with section 755A ; and\n- (b) give the statutory declaration to either of the following officers within 14 business days after being given the notice— (i) the police officer named in the notice; (ii) the officer in charge of a stated police station or police establishment.\n- (i) the police officer named in the notice;\n- (ii) the officer in charge of a stated police station or police establishment.\n- (i) the police officer named in the notice;\n- (ii) the officer in charge of a stated police station or police establishment.\n- (a) when and where the offence was committed;\n- (b) the name and address of the person in whose name the motor vehicle was registered, when the offence was committed, under a transport Act or a corresponding law;\n- (c) that the owner must comply with the requirement within the 14 business days unless the owner has a reasonable excuse;\n- (d) the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756 to the owner in any proceeding for the offence;\n- (e) the nature of the information the owner must include in the statutory declaration;\n- (f) that, if the owner is a corporation, the statutory declaration must be signed by an executive officer of the corporation.\n- (a) personally give the type 1 vehicle related offence notice to the owner; and\n- (b) when giving the type 1 vehicle related offence notice to the owner, explain to the owner— (i) what the notice requires the owner to do; and (ii) the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence.\n- (i) what the notice requires the owner to do; and\n- (ii) the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence.\n- (i) what the notice requires the owner to do; and\n- (ii) the consequences of not complying with the notice, including the application of section 756 to the owner in any proceeding for the offence.\n- (a) a proceeding for the type 1 vehicle related offence being started against the owner, including being started because of section 756 ;\n- (b) a punishment being imposed on the owner if convicted of the type 1 vehicle related offence.","sortOrder":1382},{"sectionNumber":"sec.755A","sectionType":"section","heading":"Information to be stated in statutory declaration responding to type 1 vehicle related offence notice","content":"### sec.755A Information to be stated in statutory declaration responding to type 1 vehicle related offence notice\n\nThis section prescribes the information that must be included in a statutory declaration required, under a type 1 vehicle related offence notice, to be made by the owner of a motor vehicle involved in a type 1 vehicle related offence.\nThe statutory declaration must state the name and address of the person the owner believes was driving the motor vehicle when the type 1 vehicle related offence happened.\nHowever, if the owner does not believe the owner knows who was driving the motor vehicle when the type 1 vehicle related offence happened, the statutory declaration must state all of the following information to the extent it is known by the owner—\nwhere the owner was when the type 1 vehicle related offence happened;\nthe usual location of the vehicle when it is not being used;\nthe name and address of each person (a potential driver ) known by the owner to have access to drive the vehicle when the type 1 vehicle related offence happened;\nthe way each potential driver has access to drive the vehicle;\nA potential driver possesses a key for the vehicle and has access to where the vehicle is kept.\nhow frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle;\nwhether each potential driver uses the vehicle in connection with a business or for private use;\nwhether the vehicle was reported as stolen, or otherwise being used without consent, when the type 1 vehicle related offence happened;\nthe nature of the inquiries made by the owner to find out who was driving the vehicle when the type 1 vehicle related offence happened.\nDespite subsections (2) and (3) —\nif the owner sold the motor vehicle before the type 1 vehicle related offence happened, the statutory declaration need only state—\nthe name and address of the person to whom the vehicle was sold; and\nwhen the vehicle was sold; or\nif the owner purchased the motor vehicle after the type 1 vehicle related offence happened, the statutory declaration need only state—\nthe name and address of the person from whom the vehicle was purchased; and\nwhen the vehicle was purchased; or\nif the owner believes the motor vehicle was stolen when the type 1 vehicle related offence happened, the statutory declaration need only state that belief.\nThis section applies to a nominated person in the same way as it applies to an owner.\ns 755A ins 2018 No. 20 s 40\namd 2021 No. 9 s 14 ; 2024 No. 24 s 57 sch 1 pt 2\n(sec.755A-ssec.1) This section prescribes the information that must be included in a statutory declaration required, under a type 1 vehicle related offence notice, to be made by the owner of a motor vehicle involved in a type 1 vehicle related offence.\n(sec.755A-ssec.2) The statutory declaration must state the name and address of the person the owner believes was driving the motor vehicle when the type 1 vehicle related offence happened.\n(sec.755A-ssec.3) However, if the owner does not believe the owner knows who was driving the motor vehicle when the type 1 vehicle related offence happened, the statutory declaration must state all of the following information to the extent it is known by the owner— where the owner was when the type 1 vehicle related offence happened; the usual location of the vehicle when it is not being used; the name and address of each person (a potential driver ) known by the owner to have access to drive the vehicle when the type 1 vehicle related offence happened; the way each potential driver has access to drive the vehicle; A potential driver possesses a key for the vehicle and has access to where the vehicle is kept. how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle; whether each potential driver uses the vehicle in connection with a business or for private use; whether the vehicle was reported as stolen, or otherwise being used without consent, when the type 1 vehicle related offence happened; the nature of the inquiries made by the owner to find out who was driving the vehicle when the type 1 vehicle related offence happened.\n(sec.755A-ssec.4) Despite subsections (2) and (3) — if the owner sold the motor vehicle before the type 1 vehicle related offence happened, the statutory declaration need only state— the name and address of the person to whom the vehicle was sold; and when the vehicle was sold; or if the owner purchased the motor vehicle after the type 1 vehicle related offence happened, the statutory declaration need only state— the name and address of the person from whom the vehicle was purchased; and when the vehicle was purchased; or if the owner believes the motor vehicle was stolen when the type 1 vehicle related offence happened, the statutory declaration need only state that belief.\n(sec.755A-ssec.5) This section applies to a nominated person in the same way as it applies to an owner.\n- (a) where the owner was when the type 1 vehicle related offence happened;\n- (b) the usual location of the vehicle when it is not being used;\n- (c) the name and address of each person (a potential driver ) known by the owner to have access to drive the vehicle when the type 1 vehicle related offence happened;\n- (d) the way each potential driver has access to drive the vehicle; Example— A potential driver possesses a key for the vehicle and has access to where the vehicle is kept.\n- (e) how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle;\n- (f) whether each potential driver uses the vehicle in connection with a business or for private use;\n- (g) whether the vehicle was reported as stolen, or otherwise being used without consent, when the type 1 vehicle related offence happened;\n- (h) the nature of the inquiries made by the owner to find out who was driving the vehicle when the type 1 vehicle related offence happened.\n- (a) if the owner sold the motor vehicle before the type 1 vehicle related offence happened, the statutory declaration need only state— (i) the name and address of the person to whom the vehicle was sold; and (ii) when the vehicle was sold; or\n- (i) the name and address of the person to whom the vehicle was sold; and\n- (ii) when the vehicle was sold; or\n- (b) if the owner purchased the motor vehicle after the type 1 vehicle related offence happened, the statutory declaration need only state— (i) the name and address of the person from whom the vehicle was purchased; and (ii) when the vehicle was purchased; or\n- (i) the name and address of the person from whom the vehicle was purchased; and\n- (ii) when the vehicle was purchased; or\n- (c) if the owner believes the motor vehicle was stolen when the type 1 vehicle related offence happened, the statutory declaration need only state that belief.\n- (i) the name and address of the person to whom the vehicle was sold; and\n- (ii) when the vehicle was sold; or\n- (i) the name and address of the person from whom the vehicle was purchased; and\n- (ii) when the vehicle was purchased; or","sortOrder":1383},{"sectionNumber":"sec.756","sectionType":"section","heading":"Who may be prosecuted for type 1 vehicle related offence if no response to type 1 vehicle related offence notice","content":"### sec.756 Who may be prosecuted for type 1 vehicle related offence if no response to type 1 vehicle related offence notice\n\nThis section applies only if—\na police officer gives a type 1 vehicle related offence notice to a person under section 755 ; and\nthe person given the notice does not give a statutory declaration as required under that section within the time required under that section.\nUnder section 755 , a statutory declaration must comply with section 755A .\nThe person is taken to have been the driver of the motor vehicle involved in the relevant type 1 vehicle related offence even though the actual offender may have been someone else.\nIf the actual offender is someone else, subsection (2) does not affect the liability of the actual offender, but the person and the actual offender can not both be punished for the offence.\nIn a proceeding for the relevant type 1 vehicle related offence, started against the person because of this section, it is a defence for the person to prove, on the balance of probabilities that the person was not the driver of the motor vehicle involved in the offence when the offence happened.\nHowever, the person may not rely on evidence in the defence that is information the person was required to include in the statutory declaration under section 755A unless—\nthe person gives the prosecuting authority a notice of the person’s intention to seek leave to rely on the evidence at least 21 business days before the day the hearing of the proceeding starts; and\nthe court grants the person leave to rely on the evidence.\nThe notice under subsection (5) (a) must—\nbe in the approved form; and\nstate the grounds on which the person intends to rely to seek leave; and\nbe accompanied by a statutory declaration that includes the information the person was required to include in the statutory declaration under section 755A .\nThe court may grant the person leave under subsection (5) (b) only if the court is satisfied—\nthe person had a reasonable excuse for not giving the statutory declaration as required under section 755 (2) (b) ; or\nthe evidence came to the person’s knowledge more than 14 business days after the person was given the type 1 vehicle related offence notice; or\nthe interests of justice require that the person be able to rely on the evidence.\nSubsection (9) applies for a proceeding mentioned in subsection (4) for a type 1 vehicle related offence that is an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) or the Criminal Code , section 328A .\nThe court may grant leave to the person to rely on evidence in the defence that is information the person was required to include in a statutory declaration under section 755A , even if the person has not complied with subsection (5) (a) , if the interests of justice require that the person be able to rely on the evidence.\nSubsection (11) applies if a statutory declaration, accompanying a notice given to the prosecuting authority under subsection (5) (a) , includes information that enables the identification of another person as the actual offender.\nThe period of limitation within which a proceeding for the relevant type 1 vehicle related offence may be started against the actual offender starts on the day the prosecuting authority receives the statutory declaration.\nSubsection (11) provides some other time limit for making complaint for the purposes of the Justices Act 1886 , section 52 .\nIn this section—\nprosecuting authority , for a proceeding, means the entity responsible for prosecuting the proceeding.\nrelevant type 1 vehicle related offence means the type 1 vehicle related offence to which the type 1 vehicle related offence notice relates.\ns 756 ins 2006 No. 26 s 79\namd 2007 No. 1 s 22 ; 2018 No. 20 s 41 ; 2021 No. 9 s 15 ; 2023 No. 11 s 17\n(sec.756-ssec.1) This section applies only if— a police officer gives a type 1 vehicle related offence notice to a person under section 755 ; and the person given the notice does not give a statutory declaration as required under that section within the time required under that section. Under section 755 , a statutory declaration must comply with section 755A .\n(sec.756-ssec.2) The person is taken to have been the driver of the motor vehicle involved in the relevant type 1 vehicle related offence even though the actual offender may have been someone else.\n(sec.756-ssec.3) If the actual offender is someone else, subsection (2) does not affect the liability of the actual offender, but the person and the actual offender can not both be punished for the offence.\n(sec.756-ssec.4) In a proceeding for the relevant type 1 vehicle related offence, started against the person because of this section, it is a defence for the person to prove, on the balance of probabilities that the person was not the driver of the motor vehicle involved in the offence when the offence happened.\n(sec.756-ssec.5) However, the person may not rely on evidence in the defence that is information the person was required to include in the statutory declaration under section 755A unless— the person gives the prosecuting authority a notice of the person’s intention to seek leave to rely on the evidence at least 21 business days before the day the hearing of the proceeding starts; and the court grants the person leave to rely on the evidence.\n(sec.756-ssec.6) The notice under subsection (5) (a) must— be in the approved form; and state the grounds on which the person intends to rely to seek leave; and be accompanied by a statutory declaration that includes the information the person was required to include in the statutory declaration under section 755A .\n(sec.756-ssec.7) The court may grant the person leave under subsection (5) (b) only if the court is satisfied— the person had a reasonable excuse for not giving the statutory declaration as required under section 755 (2) (b) ; or the evidence came to the person’s knowledge more than 14 business days after the person was given the type 1 vehicle related offence notice; or the interests of justice require that the person be able to rely on the evidence.\n(sec.756-ssec.8) Subsection (9) applies for a proceeding mentioned in subsection (4) for a type 1 vehicle related offence that is an offence against section 754 (2) with a circumstance of aggravation under section 754 (3) or the Criminal Code , section 328A .\n(sec.756-ssec.9) The court may grant leave to the person to rely on evidence in the defence that is information the person was required to include in a statutory declaration under section 755A , even if the person has not complied with subsection (5) (a) , if the interests of justice require that the person be able to rely on the evidence.\n(sec.756-ssec.10) Subsection (11) applies if a statutory declaration, accompanying a notice given to the prosecuting authority under subsection (5) (a) , includes information that enables the identification of another person as the actual offender.\n(sec.756-ssec.11) The period of limitation within which a proceeding for the relevant type 1 vehicle related offence may be started against the actual offender starts on the day the prosecuting authority receives the statutory declaration.\n(sec.756-ssec.12) Subsection (11) provides some other time limit for making complaint for the purposes of the Justices Act 1886 , section 52 .\n(sec.756-ssec.13) In this section— prosecuting authority , for a proceeding, means the entity responsible for prosecuting the proceeding. relevant type 1 vehicle related offence means the type 1 vehicle related offence to which the type 1 vehicle related offence notice relates.\n- (a) a police officer gives a type 1 vehicle related offence notice to a person under section 755 ; and\n- (b) the person given the notice does not give a statutory declaration as required under that section within the time required under that section. Note— Under section 755 , a statutory declaration must comply with section 755A .\n- (a) the person gives the prosecuting authority a notice of the person’s intention to seek leave to rely on the evidence at least 21 business days before the day the hearing of the proceeding starts; and\n- (b) the court grants the person leave to rely on the evidence.\n- (a) be in the approved form; and\n- (b) state the grounds on which the person intends to rely to seek leave; and\n- (c) be accompanied by a statutory declaration that includes the information the person was required to include in the statutory declaration under section 755A .\n- (a) the person had a reasonable excuse for not giving the statutory declaration as required under section 755 (2) (b) ; or\n- (b) the evidence came to the person’s knowledge more than 14 business days after the person was given the type 1 vehicle related offence notice; or\n- (c) the interests of justice require that the person be able to rely on the evidence.","sortOrder":1384},{"sectionNumber":"ch.22-pt.2-div.3","sectionType":"division","heading":"Evidentiary provisions","content":"## Evidentiary provisions","sortOrder":1385},{"sectionNumber":"sec.757","sectionType":"section","heading":"Evidentiary provision","content":"### sec.757 Evidentiary provision\n\nIn a proceeding for a type 1 vehicle related offence, a certificate signed by the commissioner and stating any of the following matters is evidence of what it states—\nthat a stated person was the owner of a stated motor vehicle on a stated day;\nthat a stated police officer gave a stated person a type 1 vehicle related offence notice on a stated day;\nthat a stated person gave a stated police officer a statutory declaration under section 755 on a stated day.\nAlso, an allegation or statement in a notice to appear or complaint alleging or stating any of the following is evidence of what it alleges or states—\nthat a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint the owner of a stated motor vehicle;\nthat a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint of, or under, or over a stated age;\nthat a thing is or was a motor vehicle or of a particular class or description of motor vehicle.\nIn addition, in a proceeding, it is not necessary for the entity responsible for prosecuting the type 1 vehicle related offence to call as a witness for the prosecution a person who made a statutory declaration under section 755 that named a person other than the defendant as the driver of the motor vehicle involved in the offence.\nIn a proceeding for a type 1 vehicle related offence, the defendant may not challenge a matter mentioned in subsection (1) (b) or (c) unless the defendant gives the entity responsible for prosecuting the proceeding written notice of intention to challenge the matter at least 10 business days before the day the hearing of the proceeding starts.\ns 757 ins 2006 No. 26 s 79\namd 2018 No. 20 s 42 ; 2021 No. 9 s 16\n(sec.757-ssec.1) In a proceeding for a type 1 vehicle related offence, a certificate signed by the commissioner and stating any of the following matters is evidence of what it states— that a stated person was the owner of a stated motor vehicle on a stated day; that a stated police officer gave a stated person a type 1 vehicle related offence notice on a stated day; that a stated person gave a stated police officer a statutory declaration under section 755 on a stated day.\n(sec.757-ssec.2) Also, an allegation or statement in a notice to appear or complaint alleging or stating any of the following is evidence of what it alleges or states— that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint the owner of a stated motor vehicle; that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint of, or under, or over a stated age; that a thing is or was a motor vehicle or of a particular class or description of motor vehicle.\n(sec.757-ssec.3) In addition, in a proceeding, it is not necessary for the entity responsible for prosecuting the type 1 vehicle related offence to call as a witness for the prosecution a person who made a statutory declaration under section 755 that named a person other than the defendant as the driver of the motor vehicle involved in the offence.\n(sec.757-ssec.4) In a proceeding for a type 1 vehicle related offence, the defendant may not challenge a matter mentioned in subsection (1) (b) or (c) unless the defendant gives the entity responsible for prosecuting the proceeding written notice of intention to challenge the matter at least 10 business days before the day the hearing of the proceeding starts.\n- (a) that a stated person was the owner of a stated motor vehicle on a stated day;\n- (b) that a stated police officer gave a stated person a type 1 vehicle related offence notice on a stated day;\n- (c) that a stated person gave a stated police officer a statutory declaration under section 755 on a stated day.\n- (a) that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint the owner of a stated motor vehicle;\n- (b) that a person is or is not or was or was not at any time or date mentioned in the notice to appear or complaint of, or under, or over a stated age;\n- (c) that a thing is or was a motor vehicle or of a particular class or description of motor vehicle.","sortOrder":1386},{"sectionNumber":"ch.22-pt.3","sectionType":"part","heading":"Obtaining impounding and forfeiture orders","content":"# Obtaining impounding and forfeiture orders","sortOrder":1387},{"sectionNumber":"ch.22-pt.3-div.1","sectionType":"division","heading":"Application provisions","content":"## Application provisions","sortOrder":1388},{"sectionNumber":"sec.758","sectionType":"section","heading":"Application for impounding order for evasion offence","content":"### sec.758 Application for impounding order for evasion offence\n\nThis section applies if a person who has not previously been found guilty of an evasion offence committed within the relevant period is charged with an evasion offence and an application under section 759 can not be made for a forfeiture order for the motor vehicle involved in the offence.\nA police officer may apply to the relevant court in the approved form for an order that the motor vehicle involved in the offence be impounded and held at a holding yard for a period of not more than 3 months ( impounding order ).\nSubsection (2) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\ns 758 ins 2006 No. 26 s 79\namd 2007 No. 1 s 23\n(sec.758-ssec.1) This section applies if a person who has not previously been found guilty of an evasion offence committed within the relevant period is charged with an evasion offence and an application under section 759 can not be made for a forfeiture order for the motor vehicle involved in the offence.\n(sec.758-ssec.2) A police officer may apply to the relevant court in the approved form for an order that the motor vehicle involved in the offence be impounded and held at a holding yard for a period of not more than 3 months ( impounding order ).\n(sec.758-ssec.3) Subsection (2) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.","sortOrder":1389},{"sectionNumber":"sec.759","sectionType":"section","heading":"Application for forfeiture order for evasion offence","content":"### sec.759 Application for forfeiture order for evasion offence\n\nThis section applies if—\na person is charged with an evasion offence; and\nthe person—\nhas previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or\nhas previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided.\nA police officer may apply to the relevant court in the approved form for an order that the motor vehicle involved in the offence be forfeited to the State ( forfeiture order ).\nSubsection (2) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\ns 759 ins 2006 No. 26 s 79\n(sec.759-ssec.1) This section applies if— a person is charged with an evasion offence; and the person— has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided.\n(sec.759-ssec.2) A police officer may apply to the relevant court in the approved form for an order that the motor vehicle involved in the offence be forfeited to the State ( forfeiture order ).\n(sec.759-ssec.3) Subsection (2) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\n- (a) a person is charged with an evasion offence; and\n- (b) the person— (i) has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or (ii) has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided.\n- (i) has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or\n- (ii) has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided.\n- (i) has previously been found guilty of 1 evasion offence committed on a previous occasion within the relevant period; or\n- (ii) has previously been charged with an evasion offence committed within the relevant period and the charge of that offence has not been decided.","sortOrder":1390},{"sectionNumber":"ch.22-pt.3-div.2","sectionType":"division","heading":"Orders if offence not decided","content":"## Orders if offence not decided","sortOrder":1391},{"sectionNumber":"sec.760","sectionType":"section","heading":"Orders on application for impounding order if evasion offence not decided","content":"### sec.760 Orders on application for impounding order if evasion offence not decided\n\nThis section applies if—\nan application is made to a relevant court for an impounding order in relation to a motor vehicle involved in an evasion offence; and\nthe proceeding on the charge of the evasion offence in relation to which the application is made has not been decided.\nThe court must adjourn the application until the person to whom the application relates has been found guilty of the offence.\ns 760 ins 2006 No. 26 s 79\n(sec.760-ssec.1) This section applies if— an application is made to a relevant court for an impounding order in relation to a motor vehicle involved in an evasion offence; and the proceeding on the charge of the evasion offence in relation to which the application is made has not been decided.\n(sec.760-ssec.2) The court must adjourn the application until the person to whom the application relates has been found guilty of the offence.\n- (a) an application is made to a relevant court for an impounding order in relation to a motor vehicle involved in an evasion offence; and\n- (b) the proceeding on the charge of the evasion offence in relation to which the application is made has not been decided.","sortOrder":1392},{"sectionNumber":"sec.761","sectionType":"section","heading":"Orders on application for forfeiture order if evasion offence not decided","content":"### sec.761 Orders on application for forfeiture order if evasion offence not decided\n\nThis section applies if—\nan application is made to a relevant court for a forfeiture order for a motor vehicle involved in an evasion offence; and\nany proceeding on a charge of an evasion offence or evasion offences in relation to which the application is made has not been decided.\nIf the person to whom the application relates has not been found guilty of evasion offences committed on 2 occasions within the relevant period, the court must adjourn the application until the person has been found guilty of evasion offences committed on at least 2 occasions within the prescribed period.\ns 761 ins 2006 No. 26 s 79\n(sec.761-ssec.1) This section applies if— an application is made to a relevant court for a forfeiture order for a motor vehicle involved in an evasion offence; and any proceeding on a charge of an evasion offence or evasion offences in relation to which the application is made has not been decided.\n(sec.761-ssec.2) If the person to whom the application relates has not been found guilty of evasion offences committed on 2 occasions within the relevant period, the court must adjourn the application until the person has been found guilty of evasion offences committed on at least 2 occasions within the prescribed period.\n- (a) an application is made to a relevant court for a forfeiture order for a motor vehicle involved in an evasion offence; and\n- (b) any proceeding on a charge of an evasion offence or evasion offences in relation to which the application is made has not been decided.","sortOrder":1393},{"sectionNumber":"ch.22-pt.3-div.3","sectionType":"division","heading":"Advice of date of hearing","content":"## Advice of date of hearing","sortOrder":1394},{"sectionNumber":"sec.762","sectionType":"section","heading":"Advice to owner of date of hearing","content":"### sec.762 Advice to owner of date of hearing\n\nAs soon as reasonably practicable after a date is set for the hearing of an application for an impounding order or a forfeiture order in relation to a motor vehicle, a police officer must give the person to whom the application relates and each owner of the motor vehicle written notice of the date, time and place of the hearing.\nIf the person to whom the application relates or the owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.\ns 762 ins 2006 No. 26 s 79\n(sec.762-ssec.1) As soon as reasonably practicable after a date is set for the hearing of an application for an impounding order or a forfeiture order in relation to a motor vehicle, a police officer must give the person to whom the application relates and each owner of the motor vehicle written notice of the date, time and place of the hearing.\n(sec.762-ssec.2) If the person to whom the application relates or the owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.","sortOrder":1395},{"sectionNumber":"ch.22-pt.4","sectionType":"part","heading":"Deciding applications","content":"# Deciding applications","sortOrder":1396},{"sectionNumber":"ch.22-pt.4-div.1","sectionType":"division","heading":"Where and when application may be heard","content":"## Where and when application may be heard","sortOrder":1397},{"sectionNumber":"sec.763","sectionType":"section","heading":"Where application is to be decided","content":"### sec.763 Where application is to be decided\n\nAn application for an impounding order or a forfeiture order must be heard and decided by the relevant court.\ns 763 ins 2006 No. 26 s 79","sortOrder":1398},{"sectionNumber":"sec.764","sectionType":"section","heading":"When application to be heard","content":"### sec.764 When application to be heard\n\nAn application for an impounding order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates is found guilty of 1 evasion offence.\nAn application for a forfeiture order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period.\nHowever, if, after an application for a forfeiture order is made—\nthe person to whom the application relates is found not guilty of 1 of the evasion offences or the proceeding for 1 of the offences is discontinued; and\nno motor vehicle has previously been impounded for an evasion offence on an application made in relation to that person for an offence to which the application for the forfeiture order relates;\nthe relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order.\nAn application for a forfeiture order to which subsection (3) applies is taken, for divisions 2 and 3 , to be an application for an impounding order.\ns 764 ins 2006 No. 26 s 79\n(sec.764-ssec.1) An application for an impounding order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates is found guilty of 1 evasion offence.\n(sec.764-ssec.2) An application for a forfeiture order in relation to an evasion offence must be heard and decided as soon as possible after the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period.\n(sec.764-ssec.3) However, if, after an application for a forfeiture order is made— the person to whom the application relates is found not guilty of 1 of the evasion offences or the proceeding for 1 of the offences is discontinued; and no motor vehicle has previously been impounded for an evasion offence on an application made in relation to that person for an offence to which the application for the forfeiture order relates; the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order.\n(sec.764-ssec.4) An application for a forfeiture order to which subsection (3) applies is taken, for divisions 2 and 3 , to be an application for an impounding order.\n- (a) the person to whom the application relates is found not guilty of 1 of the evasion offences or the proceeding for 1 of the offences is discontinued; and\n- (b) no motor vehicle has previously been impounded for an evasion offence on an application made in relation to that person for an offence to which the application for the forfeiture order relates;","sortOrder":1399},{"sectionNumber":"ch.22-pt.4-div.2","sectionType":"division","heading":"Consideration of applications","content":"## Consideration of applications","sortOrder":1400},{"sectionNumber":"sec.765","sectionType":"section","heading":"Consideration of application for impounding order","content":"### sec.765 Consideration of application for impounding order\n\nOn the hearing of an application for an impounding order for an evasion offence, the relevant court may order that the motor vehicle be impounded for a stated period, of not more than 3 months if the person to whom the application relates has been found guilty of 1 evasion offence.\nSection 775 makes provision for enforcing the order.\nDespite subsection (1) , the relevant court may make an order under section 767 for the performance by the person of community service as decided by the court.\nIf the person was a child when the evasion offence was committed, the relevant court must consider whether to make a costs order under section 768 .\ns 765 ins 2006 No. 26 s 79\n(sec.765-ssec.1) On the hearing of an application for an impounding order for an evasion offence, the relevant court may order that the motor vehicle be impounded for a stated period, of not more than 3 months if the person to whom the application relates has been found guilty of 1 evasion offence. Section 775 makes provision for enforcing the order.\n(sec.765-ssec.2) Despite subsection (1) , the relevant court may make an order under section 767 for the performance by the person of community service as decided by the court.\n(sec.765-ssec.3) If the person was a child when the evasion offence was committed, the relevant court must consider whether to make a costs order under section 768 .","sortOrder":1401},{"sectionNumber":"sec.766","sectionType":"section","heading":"Consideration of application for forfeiture order","content":"### sec.766 Consideration of application for forfeiture order\n\nOn the hearing of an application for a forfeiture order for an evasion offence, the relevant court may order that the motor vehicle be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period.\nIf—\nunder subsection (1) , the relevant court orders the impounding of the motor vehicle to which the application relates; and\na relevant court has previously made an impounding order under section 765 for an evasion offence committed within the relevant period and forming the basis of the application;\nthe motor vehicle is impounded under subsection (1) for the evasion offence giving rise to the application for the forfeiture order and not for the evasion offence to which the impounding order under section 765 relates.\nDespite subsection (1) , the relevant court may make an order under section 767 for the performance by the person to whom the application relates of community service as decided by the court.\nOn the making of a forfeiture order for a motor vehicle—\nthe vehicle becomes the property of the State; and\nany right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\ns 766 ins 2006 No. 26 s 79\namd 2010 No. 44 s 195\n(sec.766-ssec.1) On the hearing of an application for a forfeiture order for an evasion offence, the relevant court may order that the motor vehicle be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the person to whom the application relates has been found guilty of 2 evasion offences committed within the prescribed period.\n(sec.766-ssec.2) If— under subsection (1) , the relevant court orders the impounding of the motor vehicle to which the application relates; and a relevant court has previously made an impounding order under section 765 for an evasion offence committed within the relevant period and forming the basis of the application; the motor vehicle is impounded under subsection (1) for the evasion offence giving rise to the application for the forfeiture order and not for the evasion offence to which the impounding order under section 765 relates.\n(sec.766-ssec.3) Despite subsection (1) , the relevant court may make an order under section 767 for the performance by the person to whom the application relates of community service as decided by the court.\n(sec.766-ssec.4) On the making of a forfeiture order for a motor vehicle— the vehicle becomes the property of the State; and any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.\n- (a) under subsection (1) , the relevant court orders the impounding of the motor vehicle to which the application relates; and\n- (b) a relevant court has previously made an impounding order under section 765 for an evasion offence committed within the relevant period and forming the basis of the application;\n- (a) the vehicle becomes the property of the State; and\n- (b) any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.","sortOrder":1402},{"sectionNumber":"ch.22-pt.4-div.3","sectionType":"division","heading":"Other provisions about applications and orders","content":"## Other provisions about applications and orders","sortOrder":1403},{"sectionNumber":"sec.767","sectionType":"section","heading":"Community service instead of impounding or forfeiture order","content":"### sec.767 Community service instead of impounding or forfeiture order\n\nThis section applies if—\nthe relevant court is satisfied impounding or forfeiting a motor vehicle will cause severe financial hardship to an owner or usual driver of the motor vehicle; and\nthe person to whom the application relates was an adult when the person committed the offence, or the last offence, to which the application relates.\nThe court may, instead of ordering the impounding or forfeiture of the motor vehicle, order the person to perform not more than 240 hours community service.\nAn order made under subsection (2) —\nis taken to be an order under the Penalties and Sentences Act 1992 for the performance of community service under a fine option order under that Act; and\nis taken to have been made in the proceeding for the evasion offence giving rise to the application for the impounding order or forfeiture order.\ns 767 ins 2006 No. 26 s 79\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.767-ssec.1) This section applies if— the relevant court is satisfied impounding or forfeiting a motor vehicle will cause severe financial hardship to an owner or usual driver of the motor vehicle; and the person to whom the application relates was an adult when the person committed the offence, or the last offence, to which the application relates.\n(sec.767-ssec.2) The court may, instead of ordering the impounding or forfeiture of the motor vehicle, order the person to perform not more than 240 hours community service.\n(sec.767-ssec.3) An order made under subsection (2) — is taken to be an order under the Penalties and Sentences Act 1992 for the performance of community service under a fine option order under that Act; and is taken to have been made in the proceeding for the evasion offence giving rise to the application for the impounding order or forfeiture order.\n- (a) the relevant court is satisfied impounding or forfeiting a motor vehicle will cause severe financial hardship to an owner or usual driver of the motor vehicle; and\n- (b) the person to whom the application relates was an adult when the person committed the offence, or the last offence, to which the application relates.\n- (a) is taken to be an order under the Penalties and Sentences Act 1992 for the performance of community service under a fine option order under that Act; and\n- (b) is taken to have been made in the proceeding for the evasion offence giving rise to the application for the impounding order or forfeiture order.","sortOrder":1404},{"sectionNumber":"sec.768","sectionType":"section","heading":"Costs order if child found guilty of evasion offence","content":"### sec.768 Costs order if child found guilty of evasion offence\n\nThis section applies if the relevant court makes an impounding order and the person to whom the application relates was a child when the person committed the evasion offence in relation to which the order is made.\nThe relevant court must consider whether the child has the capacity to pay the costs of removing and keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing and keeping the motor vehicle.\nIf, after considering any submissions made by the child or the child’s parent, the relevant court considers the child does not have the capacity to pay the costs of removing and keeping the motor vehicle, the relevant court may call on the child’s parent under applied section 258 to show cause under applied section 259 , as directed by the court, why the parent should not pay the costs of removing and keeping the motor vehicle.\nThe relevant court may, under applied section 259 , order the child’s parent to pay the costs of removing and keeping the motor vehicle.\nIn this section—\napplied section 258 means the Youth Justice Act 1992 , section 258 , as applied by section 769 .\napplied section 259 means the Youth Justice Act 1992 , section 259 , as applied by section 769 .\nparent includes a guardian other than the chief executive (child safety).\ns 768 ins 2006 No. 26 s 79\namd 2009 No. 34 s 45 (1) sch pt 1 amdt 27; 2024 No. 24 s 57 sch 1 pt 2\n(sec.768-ssec.1) This section applies if the relevant court makes an impounding order and the person to whom the application relates was a child when the person committed the evasion offence in relation to which the order is made.\n(sec.768-ssec.2) The relevant court must consider whether the child has the capacity to pay the costs of removing and keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing and keeping the motor vehicle.\n(sec.768-ssec.3) If, after considering any submissions made by the child or the child’s parent, the relevant court considers the child does not have the capacity to pay the costs of removing and keeping the motor vehicle, the relevant court may call on the child’s parent under applied section 258 to show cause under applied section 259 , as directed by the court, why the parent should not pay the costs of removing and keeping the motor vehicle.\n(sec.768-ssec.4) The relevant court may, under applied section 259 , order the child’s parent to pay the costs of removing and keeping the motor vehicle.\n(sec.768-ssec.5) In this section— applied section 258 means the Youth Justice Act 1992 , section 258 , as applied by section 769 . applied section 259 means the Youth Justice Act 1992 , section 259 , as applied by section 769 . parent includes a guardian other than the chief executive (child safety).","sortOrder":1405},{"sectionNumber":"sec.769","sectionType":"section","heading":"Application of applied sections for s 768","content":"### sec.769 Application of applied sections for s 768\n\nThis section states how applied sections 258 and 259 apply for section 768 .\nApplied section 258 applies as if—\nsubsections (1) and (9) were omitted; and\na reference in the applied section—\nto compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and\nto the prosecution were a reference to the applicant for the impounding order or forfeiture order.\nApplied section 259 applies as if—\na reference in the applied section—\nto compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and\nto the prosecution were a reference to the applicant for the impounding order; and\na reference in applied section 259 (4) to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing and keeping a motor vehicle impounded under this chapter; and\napplied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and\nthe expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1) (a) , (b) and (c) ’ read instead as ‘that the parent should be ordered to pay the costs of removing and keeping a motor vehicle impounded under the Police Powers and Responsibilities Act 2000 , chapter 22 ’.\nAlso, in relation to an order made under applied section 259 (5)—\nthe Youth Justice Act 1992 , section 260 does not apply to that order; and\nthe order is taken instead to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .\ns 769 ins 2006 No. 26 s 79\namd 2009 No. 34 s 45 (1) sch pt 1 amdt 27\n(sec.769-ssec.1) This section states how applied sections 258 and 259 apply for section 768 .\n(sec.769-ssec.2) Applied section 258 applies as if— subsections (1) and (9) were omitted; and a reference in the applied section— to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and to the prosecution were a reference to the applicant for the impounding order or forfeiture order.\n(sec.769-ssec.3) Applied section 259 applies as if— a reference in the applied section— to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and to the prosecution were a reference to the applicant for the impounding order; and a reference in applied section 259 (4) to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing and keeping a motor vehicle impounded under this chapter; and applied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and the expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1) (a) , (b) and (c) ’ read instead as ‘that the parent should be ordered to pay the costs of removing and keeping a motor vehicle impounded under the Police Powers and Responsibilities Act 2000 , chapter 22 ’.\n(sec.769-ssec.4) Also, in relation to an order made under applied section 259 (5)— the Youth Justice Act 1992 , section 260 does not apply to that order; and the order is taken instead to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .\n- (a) subsections (1) and (9) were omitted; and\n- (b) a reference in the applied section— (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and (ii) to the prosecution were a reference to the applicant for the impounding order or forfeiture order.\n- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and\n- (ii) to the prosecution were a reference to the applicant for the impounding order or forfeiture order.\n- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and\n- (ii) to the prosecution were a reference to the applicant for the impounding order or forfeiture order.\n- (a) a reference in the applied section— (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and (ii) to the prosecution were a reference to the applicant for the impounding order; and\n- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and\n- (ii) to the prosecution were a reference to the applicant for the impounding order; and\n- (b) a reference in applied section 259 (4) to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259 (5), to pay the costs of removing and keeping a motor vehicle impounded under this chapter; and\n- (c) applied section 259 (4), to the extent it mentions the director of public prosecutions, does not apply; and\n- (d) the expression in applied section 259 (5) ‘of the matters mentioned in section 258 (1) (a) , (b) and (c) ’ read instead as ‘that the parent should be ordered to pay the costs of removing and keeping a motor vehicle impounded under the Police Powers and Responsibilities Act 2000 , chapter 22 ’.\n- (i) to compensation were a reference to the costs of removing and keeping a motor vehicle impounded under this chapter; and\n- (ii) to the prosecution were a reference to the applicant for the impounding order; and\n- (a) the Youth Justice Act 1992 , section 260 does not apply to that order; and\n- (b) the order is taken instead to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999 , section 34 .","sortOrder":1406},{"sectionNumber":"sec.770","sectionType":"section","heading":"Motor vehicle not to be sold etc. before application is decided","content":"### sec.770 Motor vehicle not to be sold etc. before application is decided\n\nThis section applies in relation to a motor vehicle that is the subject of an application for an impounding order or a forfeiture order.\nThe owner of the motor vehicle must not modify or sell or otherwise dispose of the motor vehicle until the application for the impounding order or forfeiture order is decided or otherwise ends.\nMaximum penalty—40 penalty units.\nIn this section—\nmodify , a motor vehicle, includes remove the engine or gearbox from the motor vehicle.\ns 770 ins 2006 No. 26 s 79\namd 2007 No. 1 s 24\n(sec.770-ssec.1) This section applies in relation to a motor vehicle that is the subject of an application for an impounding order or a forfeiture order.\n(sec.770-ssec.2) The owner of the motor vehicle must not modify or sell or otherwise dispose of the motor vehicle until the application for the impounding order or forfeiture order is decided or otherwise ends. Maximum penalty—40 penalty units.\n(sec.770-ssec.3) In this section— modify , a motor vehicle, includes remove the engine or gearbox from the motor vehicle.","sortOrder":1407},{"sectionNumber":"sec.771","sectionType":"section","heading":"Offence to remove motor vehicle impounded under court order","content":"### sec.771 Offence to remove motor vehicle impounded under court order\n\nA person must not unlawfully remove a motor vehicle impounded under an impounding order under this chapter from a holding yard.\nMaximum penalty—40 penalty units.\ns 771 ins 2006 No. 26 s 79","sortOrder":1408},{"sectionNumber":"sec.772","sectionType":"section","heading":"Defence","content":"### sec.772 Defence\n\nIn a proceeding for an impounding order or a forfeiture order under this chapter, it is a defence for an owner of the vehicle to prove that the evasion offence happened without the knowledge and consent of the owner.\nA parent lends a motor vehicle to the parent’s child to visit friends and the child commits an evasion offence in the vehicle. If the relevant court is satisfied, on evidence tendered or submissions made by the parent, that the child committed the offence without the knowledge and consent of the parent, the court may refuse to order the impounding or forfeiture of the motor vehicle.\ns 772 ins 2006 No. 26 s 79\namd 2024 No. 24 s 57 s ch 1 pt 2","sortOrder":1409},{"sectionNumber":"sec.773","sectionType":"section","heading":"Counting the occasions","content":"### sec.773 Counting the occasions\n\nFor sections 759 , 761 , 764 (2) and 766 , for an occasion of the commission of an offence to be counted in addition to another occasion counted, an occasion must be a separate occasion, that is, an event or series of events that happened on an occasion separate to the event or series of events making up the other occasion.\nIn section 759 , a reference to an evasion offence committed on a previous occasion is a reference to an evasion offence committed on an occasion before the occasion of the evasion offence giving rise to the application for the forfeiture order.\nSubject to subsections (1) and (2) , for a decision under section 759 , 761 , 764 (2) or 766 of whether or not a person has, or has previously, been charged with, or found guilty of, an evasion offence committed on a previous occasion or any occasion or occasions, the following do not matter—\nwhether or not any finding of guilt relied on relates to a charge heard and decided together with another charge or other charges relating to another or other findings of guilt being relied on;\nwhether or not findings of guilt relied on relate to charges that were heard and decided in the order in which the occasions of the commission of offences to which they related happened;\nwhether or not any occasion of the commission of an offence, or any charge or any finding of guilt, relied on happened before or after any occasion of the commission of an offence, charge or finding of guilt also relied on.\nAn offender commits evasion offences on 1 January (offence 1) and 1 May (offence 2). The offender is charged with offence 1 on 15 January and offence 2 on 14 May. The offender is convicted of offence 2 on 15 June and offence 1 on 1 October. When a court considers the application for impoundment or forfeiture on 1 December, for the purpose of counting the occasions mentioned in subsection (1) , there are 2 occasions the court may rely on to make an order.\nFor a decision under section 765 or 766 , the following do not matter—\nwhether or not any finding of guilt relied on is for an offence in relation to which the application was originally started;\nAn application may relate to particular evasion offences but before the application is decided, the driver is found guilty of another evasion offence. The court may rely on the latter finding of guilt when making an order under the sections mentioned.\nwhether or not any finding of guilt relied on in an application relates to an offence committed before or after the application was started.\ns 773 ins 2006 No. 26 s 79\n(sec.773-ssec.1) For sections 759 , 761 , 764 (2) and 766 , for an occasion of the commission of an offence to be counted in addition to another occasion counted, an occasion must be a separate occasion, that is, an event or series of events that happened on an occasion separate to the event or series of events making up the other occasion.\n(sec.773-ssec.2) In section 759 , a reference to an evasion offence committed on a previous occasion is a reference to an evasion offence committed on an occasion before the occasion of the evasion offence giving rise to the application for the forfeiture order.\n(sec.773-ssec.3) Subject to subsections (1) and (2) , for a decision under section 759 , 761 , 764 (2) or 766 of whether or not a person has, or has previously, been charged with, or found guilty of, an evasion offence committed on a previous occasion or any occasion or occasions, the following do not matter— whether or not any finding of guilt relied on relates to a charge heard and decided together with another charge or other charges relating to another or other findings of guilt being relied on; whether or not findings of guilt relied on relate to charges that were heard and decided in the order in which the occasions of the commission of offences to which they related happened; whether or not any occasion of the commission of an offence, or any charge or any finding of guilt, relied on happened before or after any occasion of the commission of an offence, charge or finding of guilt also relied on. An offender commits evasion offences on 1 January (offence 1) and 1 May (offence 2). The offender is charged with offence 1 on 15 January and offence 2 on 14 May. The offender is convicted of offence 2 on 15 June and offence 1 on 1 October. When a court considers the application for impoundment or forfeiture on 1 December, for the purpose of counting the occasions mentioned in subsection (1) , there are 2 occasions the court may rely on to make an order.\n(sec.773-ssec.4) For a decision under section 765 or 766 , the following do not matter— whether or not any finding of guilt relied on is for an offence in relation to which the application was originally started; An application may relate to particular evasion offences but before the application is decided, the driver is found guilty of another evasion offence. The court may rely on the latter finding of guilt when making an order under the sections mentioned. whether or not any finding of guilt relied on in an application relates to an offence committed before or after the application was started.\n- (a) whether or not any finding of guilt relied on relates to a charge heard and decided together with another charge or other charges relating to another or other findings of guilt being relied on;\n- (b) whether or not findings of guilt relied on relate to charges that were heard and decided in the order in which the occasions of the commission of offences to which they related happened;\n- (c) whether or not any occasion of the commission of an offence, or any charge or any finding of guilt, relied on happened before or after any occasion of the commission of an offence, charge or finding of guilt also relied on.\n- (a) whether or not any finding of guilt relied on is for an offence in relation to which the application was originally started; Example for paragraph (a) — An application may relate to particular evasion offences but before the application is decided, the driver is found guilty of another evasion offence. The court may rely on the latter finding of guilt when making an order under the sections mentioned.\n- (b) whether or not any finding of guilt relied on in an application relates to an offence committed before or after the application was started.","sortOrder":1410},{"sectionNumber":"sec.774","sectionType":"section","heading":"Appeal","content":"### sec.774 Appeal\n\nAn order made against a person under section 767 for the performance of community service may be appealed against as a sentence imposed on the person.\nA person may appeal against any other order of a relevant court to the District Court within 28 days after the order is made.\ns 774 ins 2006 No. 26 s 79\n(sec.774-ssec.1) An order made against a person under section 767 for the performance of community service may be appealed against as a sentence imposed on the person.\n(sec.774-ssec.2) A person may appeal against any other order of a relevant court to the District Court within 28 days after the order is made.","sortOrder":1411},{"sectionNumber":"sec.775","sectionType":"section","heading":"Powers for enforcing court order","content":"### sec.775 Powers for enforcing court order\n\nThis section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motor vehicle, makes an impounding order or a forfeiture order for the motor vehicle.\nFor giving effect to an impounding order or a forfeiture order, the court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motor vehicle may be found, and—\nfor an impounding order—search for and impound the motor vehicle; or\nfor a forfeiture order—search for and take possession of the motor vehicle for the State.\nIf an impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2) , power to enter the place under the order includes power to re-enter the place as often as is reasonably necessary for the purpose.\nFor impounding or taking possession of a motor vehicle under an order of a court, a police officer may—\nstop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or\nrequire the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or\ndirect the person who has the key necessary to move the motor vehicle—\nto give the key to a police officer; or\nif the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or\nif it is necessary to enter the motor vehicle to impound or take possession of it, enter the motor vehicle to impound or take possession of it; or\nenter a place, other than the part of a place that is a dwelling, and stay for a reasonable time at the place; or\ndo anything else reasonably necessary to impound or take possession of the motor vehicle.\nA police officer may exercise a power under subsection (4) (a) or (b) before or after a police officer seizes or takes possession of the motor vehicle.\ns 775 ins 2006 No. 26 s 79\n(sec.775-ssec.1) This section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motor vehicle, makes an impounding order or a forfeiture order for the motor vehicle.\n(sec.775-ssec.2) For giving effect to an impounding order or a forfeiture order, the court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motor vehicle may be found, and— for an impounding order—search for and impound the motor vehicle; or for a forfeiture order—search for and take possession of the motor vehicle for the State.\n(sec.775-ssec.3) If an impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2) , power to enter the place under the order includes power to re-enter the place as often as is reasonably necessary for the purpose.\n(sec.775-ssec.4) For impounding or taking possession of a motor vehicle under an order of a court, a police officer may— stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or direct the person who has the key necessary to move the motor vehicle— to give the key to a police officer; or if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or if it is necessary to enter the motor vehicle to impound or take possession of it, enter the motor vehicle to impound or take possession of it; or enter a place, other than the part of a place that is a dwelling, and stay for a reasonable time at the place; or do anything else reasonably necessary to impound or take possession of the motor vehicle.\n(sec.775-ssec.5) A police officer may exercise a power under subsection (4) (a) or (b) before or after a police officer seizes or takes possession of the motor vehicle.\n- (a) for an impounding order—search for and impound the motor vehicle; or\n- (b) for a forfeiture order—search for and take possession of the motor vehicle for the State.\n- (a) stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or\n- (b) require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or\n- (c) direct the person who has the key necessary to move the motor vehicle— (i) to give the key to a police officer; or (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or\n- (i) to give the key to a police officer; or\n- (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or\n- (d) if it is necessary to enter the motor vehicle to impound or take possession of it, enter the motor vehicle to impound or take possession of it; or\n- (e) enter a place, other than the part of a place that is a dwelling, and stay for a reasonable time at the place; or\n- (f) do anything else reasonably necessary to impound or take possession of the motor vehicle.\n- (i) to give the key to a police officer; or\n- (ii) if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling and give the key to a police officer; or","sortOrder":1412},{"sectionNumber":"sec.776","sectionType":"section","heading":"Duties of police officer after impounding or seizing motor vehicle","content":"### sec.776 Duties of police officer after impounding or seizing motor vehicle\n\nAfter impounding a motor vehicle under an impounding order or taking possession of a motor vehicle under a forfeiture order, a police officer must move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate.\nIf the motor vehicle is impounded, the police officer must give the owner of the motor vehicle a notice stating—\nhow the owner of the motor vehicle may recover the motor vehicle; and\nthat, before the motor vehicle may be recovered, the owner may be required to produce satisfactory evidence of ownership of the motor vehicle; and\nthat if the owner was the driver of the motor vehicle when the offence for which the motor vehicle was impounded happened, the owner will be required to pay the costs of removing and keeping the motor vehicle; and\nthat if the owner was not the driver of the motor vehicle when the offence for which the motor vehicle was impounded happened, the driver will be required to pay the costs of removing and keeping the motor vehicle; and\nthe penalty for unlawfully removing the motor vehicle from the place where it is held.\ns 776 ins 2006 No. 26 s 79\n(sec.776-ssec.1) After impounding a motor vehicle under an impounding order or taking possession of a motor vehicle under a forfeiture order, a police officer must move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate.\n(sec.776-ssec.2) If the motor vehicle is impounded, the police officer must give the owner of the motor vehicle a notice stating— how the owner of the motor vehicle may recover the motor vehicle; and that, before the motor vehicle may be recovered, the owner may be required to produce satisfactory evidence of ownership of the motor vehicle; and that if the owner was the driver of the motor vehicle when the offence for which the motor vehicle was impounded happened, the owner will be required to pay the costs of removing and keeping the motor vehicle; and that if the owner was not the driver of the motor vehicle when the offence for which the motor vehicle was impounded happened, the driver will be required to pay the costs of removing and keeping the motor vehicle; and the penalty for unlawfully removing the motor vehicle from the place where it is held.\n- (a) how the owner of the motor vehicle may recover the motor vehicle; and\n- (b) that, before the motor vehicle may be recovered, the owner may be required to produce satisfactory evidence of ownership of the motor vehicle; and\n- (c) that if the owner was the driver of the motor vehicle when the offence for which the motor vehicle was impounded happened, the owner will be required to pay the costs of removing and keeping the motor vehicle; and\n- (d) that if the owner was not the driver of the motor vehicle when the offence for which the motor vehicle was impounded happened, the driver will be required to pay the costs of removing and keeping the motor vehicle; and\n- (e) the penalty for unlawfully removing the motor vehicle from the place where it is held.","sortOrder":1413},{"sectionNumber":"sec.777","sectionType":"section","heading":"Police officer may authorise tow","content":"### sec.777 Police officer may authorise tow\n\nThis section applies if a police officer arranges for a motor vehicle impounded or forfeited to the State under division 2 to be moved to a holding yard.\nA police officer may sign a towing authority for the motor vehicle.\nThe driver of a tow truck towing the motor vehicle under a towing authority must tow the motor vehicle to—\nif the police officer directs the driver to tow the motor vehicle to a particular holding yard—the holding yard; or\nif paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.\nIn this section—\ntowing authority , in relation to a motor vehicle, means a document that states that a particular person is authorised to tow the vehicle.\ns 777 ins 2006 No. 26 s 79\namd 2023 No. 28 s 190\n(sec.777-ssec.1) This section applies if a police officer arranges for a motor vehicle impounded or forfeited to the State under division 2 to be moved to a holding yard.\n(sec.777-ssec.2) A police officer may sign a towing authority for the motor vehicle.\n(sec.777-ssec.3) The driver of a tow truck towing the motor vehicle under a towing authority must tow the motor vehicle to— if the police officer directs the driver to tow the motor vehicle to a particular holding yard—the holding yard; or if paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.\n(sec.777-ssec.4) In this section— towing authority , in relation to a motor vehicle, means a document that states that a particular person is authorised to tow the vehicle.\n- (a) if the police officer directs the driver to tow the motor vehicle to a particular holding yard—the holding yard; or\n- (b) if paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.","sortOrder":1414},{"sectionNumber":"ch.22-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":1415},{"sectionNumber":"ch.22-pt.5-div.1","sectionType":"division","heading":"Liability for costs of impounding","content":"## Liability for costs of impounding","sortOrder":1416},{"sectionNumber":"sec.778","sectionType":"section","heading":"Liability to pay costs of impounding—adult driver","content":"### sec.778 Liability to pay costs of impounding—adult driver\n\nThis section applies in relation to a motor vehicle impounded for an evasion offence.\nIf the motor vehicle was impounded because an adult driver was found guilty of an evasion offence and the driver was not the owner of the motor vehicle, the driver is liable to pay the costs of removing and keeping the motor vehicle.\nIf the motor vehicle was impounded because the owner was found guilty of an evasion offence, the owner is liable to pay the costs of removing and keeping the motor vehicle.\ns 778 ins 2006 No. 26 s 79\n(sec.778-ssec.1) This section applies in relation to a motor vehicle impounded for an evasion offence.\n(sec.778-ssec.2) If the motor vehicle was impounded because an adult driver was found guilty of an evasion offence and the driver was not the owner of the motor vehicle, the driver is liable to pay the costs of removing and keeping the motor vehicle.\n(sec.778-ssec.3) If the motor vehicle was impounded because the owner was found guilty of an evasion offence, the owner is liable to pay the costs of removing and keeping the motor vehicle.","sortOrder":1417},{"sectionNumber":"sec.779","sectionType":"section","heading":"Liability to pay costs—child driver","content":"### sec.779 Liability to pay costs—child driver\n\nThis section applies in relation to a motor vehicle impounded for an evasion offence if the driver or owner of the motor vehicle was a child when the driver or owner committed the offence for which it was impounded.\nThe child is liable to pay the costs of removing and keeping the motor vehicle if the relevant court orders under section 768 that the child pay the costs.\nHowever, if the relevant court orders, under section 768 , the child’s parent to pay the costs of removing and keeping the motor vehicle, the child’s parent is liable to pay the costs of removing and keeping the motor vehicle.\ns 779 ins 2006 No. 26 s 79\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.779-ssec.1) This section applies in relation to a motor vehicle impounded for an evasion offence if the driver or owner of the motor vehicle was a child when the driver or owner committed the offence for which it was impounded.\n(sec.779-ssec.2) The child is liable to pay the costs of removing and keeping the motor vehicle if the relevant court orders under section 768 that the child pay the costs.\n(sec.779-ssec.3) However, if the relevant court orders, under section 768 , the child’s parent to pay the costs of removing and keeping the motor vehicle, the child’s parent is liable to pay the costs of removing and keeping the motor vehicle.","sortOrder":1418},{"sectionNumber":"sec.780","sectionType":"section","heading":"Payment of costs if motor vehicle not recovered","content":"### sec.780 Payment of costs if motor vehicle not recovered\n\nThis section applies if a person who is entitled to recover a motor vehicle after a period of impoundment ends fails to recover the motor vehicle after the period ends.\nThe driver is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends.\ns 780 ins 2006 No. 26 s 79\n(sec.780-ssec.1) This section applies if a person who is entitled to recover a motor vehicle after a period of impoundment ends fails to recover the motor vehicle after the period ends.\n(sec.780-ssec.2) The driver is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends.","sortOrder":1419},{"sectionNumber":"sec.781","sectionType":"section","heading":"Registration of costs under State Penalties Enforcement Act 1999","content":"### sec.781 Registration of costs under State Penalties Enforcement Act 1999\n\nIf an adult who is liable to pay costs under this division fails to pay the costs, the commissioner may give particulars of the costs to the registrar under the State Penalties Enforcement Act 1999 for registration under that Act as if—\nthe commissioner were the registrar of a court; and\nthe particulars were particulars of a fine imposed by a court and the amount of the fine were unpaid after the time allowed by the court for payment.\nThe registrar must register the particulars under the State Penalties Enforcement Act 1999 , section 34 .\nFor this section, the adult who fails to pay the costs under this division fails to pay the costs if—\nthe commissioner obtains an order for payment of costs against the person; and\nthe commissioner gives the person a copy of the order and a letter of demand for payment of the costs; and\nthe person fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand or the longer period agreed to by the commissioner.\ns 781 ins 2006 No. 26 s 79\n(sec.781-ssec.1) If an adult who is liable to pay costs under this division fails to pay the costs, the commissioner may give particulars of the costs to the registrar under the State Penalties Enforcement Act 1999 for registration under that Act as if— the commissioner were the registrar of a court; and the particulars were particulars of a fine imposed by a court and the amount of the fine were unpaid after the time allowed by the court for payment.\n(sec.781-ssec.2) The registrar must register the particulars under the State Penalties Enforcement Act 1999 , section 34 .\n(sec.781-ssec.3) For this section, the adult who fails to pay the costs under this division fails to pay the costs if— the commissioner obtains an order for payment of costs against the person; and the commissioner gives the person a copy of the order and a letter of demand for payment of the costs; and the person fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand or the longer period agreed to by the commissioner.\n- (a) the commissioner were the registrar of a court; and\n- (b) the particulars were particulars of a fine imposed by a court and the amount of the fine were unpaid after the time allowed by the court for payment.\n- (a) the commissioner obtains an order for payment of costs against the person; and\n- (b) the commissioner gives the person a copy of the order and a letter of demand for payment of the costs; and\n- (c) the person fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand or the longer period agreed to by the commissioner.","sortOrder":1420},{"sectionNumber":"ch.22-pt.5-div.2","sectionType":"division","heading":"Release of impounded motor vehicle","content":"## Release of impounded motor vehicle","sortOrder":1421},{"sectionNumber":"sec.782","sectionType":"section","heading":"Release of motor vehicle impounded under court order","content":"### sec.782 Release of motor vehicle impounded under court order\n\nThis section applies if a motor vehicle is impounded under a court order under part 4 , division 2 .\nWhen the period for which the motor vehicle is impounded ends, the owner of the motor vehicle is entitled to recover the motor vehicle from the holding yard at which it is kept.\nAt the request of the owner, the person holding the motor vehicle must release the motor vehicle to the owner, or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made.\nIn this section—\nbusiness hours means 8a.m. to 5p.m.\ns 782 ins 2006 No. 26 s 79\n(sec.782-ssec.1) This section applies if a motor vehicle is impounded under a court order under part 4 , division 2 .\n(sec.782-ssec.2) When the period for which the motor vehicle is impounded ends, the owner of the motor vehicle is entitled to recover the motor vehicle from the holding yard at which it is kept.\n(sec.782-ssec.3) At the request of the owner, the person holding the motor vehicle must release the motor vehicle to the owner, or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made.\n(sec.782-ssec.4) In this section— business hours means 8a.m. to 5p.m.","sortOrder":1422},{"sectionNumber":"ch.22-pt.5-div.3","sectionType":"division","heading":"Sale, transfer or disposal of impounded or forfeited motor vehicle","content":"## Sale, transfer or disposal of impounded or forfeited motor vehicle","sortOrder":1423},{"sectionNumber":"sec.783","sectionType":"section","heading":"Sale of motor vehicle if not recovered after impounding ends","content":"### sec.783 Sale of motor vehicle if not recovered after impounding ends\n\nIf, within 2 months after a period of impounding of a motor vehicle ends, the owner of the motor vehicle does not recover it, the commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\nNotice of the proposed sale or disposal must be published on the police service website.\nAlso, the commissioner must give written notice of the proposed sale or disposal of the motor vehicle to the owner.\ns 783 ins 2006 No. 26 s 79\namd 2014 No. 1 s 40\n(sec.783-ssec.1) If, within 2 months after a period of impounding of a motor vehicle ends, the owner of the motor vehicle does not recover it, the commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.\n(sec.783-ssec.2) Notice of the proposed sale or disposal must be published on the police service website.\n(sec.783-ssec.3) Also, the commissioner must give written notice of the proposed sale or disposal of the motor vehicle to the owner.","sortOrder":1424},{"sectionNumber":"sec.784","sectionType":"section","heading":"Voluntary transfer of ownership of motor vehicle to State","content":"### sec.784 Voluntary transfer of ownership of motor vehicle to State\n\nThis section applies despite section 770 .\nUnder section 770 it is an offence for the owner of a motor vehicle that is the subject of an impounding order or forfeiture order application to modify, sell or otherwise dispose of the vehicle before the application is decided.\nThe owner of a motor vehicle to which section 770 applies may agree to transfer ownership of the vehicle to the State.\nThe agreement must be written and witnessed by a person who may witness a statutory declaration.\nIf the commissioner agrees in writing to the transfer of the motor vehicle—\nthe motor vehicle becomes the property of the State; and\nthe commissioner may sell or dispose of the motor vehicle and anything in or on it in the way the commissioner considers appropriate.\ns 784 ins 2006 No. 26 s 79\namd 2020 No. 7 s 46\n(sec.784-ssec.1) This section applies despite section 770 . Under section 770 it is an offence for the owner of a motor vehicle that is the subject of an impounding order or forfeiture order application to modify, sell or otherwise dispose of the vehicle before the application is decided.\n(sec.784-ssec.2) The owner of a motor vehicle to which section 770 applies may agree to transfer ownership of the vehicle to the State.\n(sec.784-ssec.3) The agreement must be written and witnessed by a person who may witness a statutory declaration.\n(sec.784-ssec.4) If the commissioner agrees in writing to the transfer of the motor vehicle— the motor vehicle becomes the property of the State; and the commissioner may sell or dispose of the motor vehicle and anything in or on it in the way the commissioner considers appropriate.\n- (a) the motor vehicle becomes the property of the State; and\n- (b) the commissioner may sell or dispose of the motor vehicle and anything in or on it in the way the commissioner considers appropriate.","sortOrder":1425},{"sectionNumber":"sec.785","sectionType":"section","heading":"Disposal of forfeited motor vehicle","content":"### sec.785 Disposal of forfeited motor vehicle\n\nThe commissioner may dispose of a motor vehicle forfeited to the State under this chapter in the way the commissioner considers appropriate, including by selling it.\ns 785 ins 2006 No. 26 s 79\namd 2007 No. 1 s 25","sortOrder":1426},{"sectionNumber":"sec.786","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.786 Application of proceeds of sale\n\nThis section applies if the commissioner decides to sell a motor vehicle under section 783 or 785 .\nThe proceeds of the sale are to be applied in the following order—\nin payment of the expenses of the sale;\nin payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding;\nif there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest;\nif the motor vehicle is sold under section 783 —in payment of any balance to the owner;\nif the motor vehicle is sold under section 785 —in payment to the consolidated fund.\ns 786 ins 2006 No. 26 s 79\namd 2010 No. 44 s 196\n(sec.786-ssec.1) This section applies if the commissioner decides to sell a motor vehicle under section 783 or 785 .\n(sec.786-ssec.2) The proceeds of the sale are to be applied in the following order— in payment of the expenses of the sale; in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding; if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest; if the motor vehicle is sold under section 783 —in payment of any balance to the owner; if the motor vehicle is sold under section 785 —in payment to the consolidated fund.\n- (a) in payment of the expenses of the sale;\n- (b) in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding;\n- (c) if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing to the holder of the security interest;\n- (d) if the motor vehicle is sold under section 783 —in payment of any balance to the owner;\n- (e) if the motor vehicle is sold under section 785 —in payment to the consolidated fund.","sortOrder":1427},{"sectionNumber":"ch.22-pt.5-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":1428},{"sectionNumber":"sec.787","sectionType":"section","heading":"Protection from liability","content":"### sec.787 Protection from liability\n\nA police officer acting in good faith and without negligence is not liable for any damage, loss or depreciation to a motor vehicle during the impounding of the motor vehicle.\nIf subsection (1) prevents liability attaching to a police officer, liability attaches instead to the State.\nAlso, if a police officer signs a towing authority under section 777 for the motor vehicle, the State is not liable for any damage, loss or depreciation to the motor vehicle while it is being moved under the towing authority and while it is impounded in the holding yard of the person authorised under the towing authority to tow the motor vehicle.\ns 787 ins 2006 No. 26 s 79\n(sec.787-ssec.1) A police officer acting in good faith and without negligence is not liable for any damage, loss or depreciation to a motor vehicle during the impounding of the motor vehicle.\n(sec.787-ssec.2) If subsection (1) prevents liability attaching to a police officer, liability attaches instead to the State.\n(sec.787-ssec.3) Also, if a police officer signs a towing authority under section 777 for the motor vehicle, the State is not liable for any damage, loss or depreciation to the motor vehicle while it is being moved under the towing authority and while it is impounded in the holding yard of the person authorised under the towing authority to tow the motor vehicle.","sortOrder":1429},{"sectionNumber":"sec.788","sectionType":"section","heading":"Third party protection from forfeiture order","content":"### sec.788 Third party protection from forfeiture order\n\nA person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order may apply to the relevant court for an order under subsection (6) .\nSubsection (1) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\nUnless the relevant court gives leave, the application must be made before the end of the period of 6 months starting on the day the forfeiture order was made.\nThe relevant court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect.\nUnless the relevant court gives leave, a person who was given notice of the application for the forfeiture order can not apply to the court for an order under subsection (6) .\nOn an application, an order may be made—\ndeclaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and\ndirecting the State—\nif the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or\nif the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) .\nThe relevant court must, and may only, make the order if it is satisfied—\nthe applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and\nthe relevant evasion offence happened without the knowledge and consent of the applicant.\nFor all applications, including applications for leave to apply—\nthe applicant must give notice of the making of the application to the commissioner; and\nthe party given notice is a party to the application.\nIn this section—\ndefendant means the person found guilty of the evasion offence because of which the forfeiture order was made.\nrelevant court means the relevant court to which the application for the forfeiture order was made.\nrelevant evasion offence means the evasion offence because of which the forfeiture order was made.\ns 788 ins 2006 No. 26 s 79\n(sec.788-ssec.1) A person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order may apply to the relevant court for an order under subsection (6) .\n(sec.788-ssec.2) Subsection (1) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.\n(sec.788-ssec.3) Unless the relevant court gives leave, the application must be made before the end of the period of 6 months starting on the day the forfeiture order was made.\n(sec.788-ssec.4) The relevant court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect.\n(sec.788-ssec.5) Unless the relevant court gives leave, a person who was given notice of the application for the forfeiture order can not apply to the court for an order under subsection (6) .\n(sec.788-ssec.6) On an application, an order may be made— declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and directing the State— if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) .\n(sec.788-ssec.7) The relevant court must, and may only, make the order if it is satisfied— the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and the relevant evasion offence happened without the knowledge and consent of the applicant.\n(sec.788-ssec.8) For all applications, including applications for leave to apply— the applicant must give notice of the making of the application to the commissioner; and the party given notice is a party to the application.\n(sec.788-ssec.9) In this section— defendant means the person found guilty of the evasion offence because of which the forfeiture order was made. relevant court means the relevant court to which the application for the forfeiture order was made. relevant evasion offence means the evasion offence because of which the forfeiture order was made.\n- (a) declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and\n- (b) directing the State— (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) .\n- (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or\n- (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) .\n- (i) if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or\n- (ii) if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 786 (2) (c) .\n- (a) the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and\n- (b) the relevant evasion offence happened without the knowledge and consent of the applicant.\n- (a) the applicant must give notice of the making of the application to the commissioner; and\n- (b) the party given notice is a party to the application.","sortOrder":1430},{"sectionNumber":"sec.789","sectionType":"section","heading":"Review","content":"### sec.789 Review\n\nThe CCC must review the use by police officers of powers under this chapter and prepare a report on the review.\nThe review must be started as soon as practicable after 30 June 2009.\nThe conduct of the review and the preparation of the report is a function of the CCC for the Crime and Corruption Act 2001 .\nIn the course of preparing the report, the CCC must consult with the Minister.\nThe CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.\ns 789 ins 2006 No. 26 s 79\namd 2014 No. 21 s 94 (2) sch 2\n(sec.789-ssec.1) The CCC must review the use by police officers of powers under this chapter and prepare a report on the review.\n(sec.789-ssec.2) The review must be started as soon as practicable after 30 June 2009.\n(sec.789-ssec.3) The conduct of the review and the preparation of the report is a function of the CCC for the Crime and Corruption Act 2001 .\n(sec.789-ssec.4) In the course of preparing the report, the CCC must consult with the Minister.\n(sec.789-ssec.5) The CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.","sortOrder":1431},{"sectionNumber":"ch.23-pt.1","sectionType":"part","heading":"Provisions for employment-screening laws","content":"# Provisions for employment-screening laws","sortOrder":1432},{"sectionNumber":"sec.789A","sectionType":"section","heading":"Power to demand production of working with children card","content":"### sec.789A Power to demand production of working with children card\n\nThis section applies if a police officer knows or reasonably suspects—\na person is the holder of a working with children card; and\nany of the following apply to the person—\nthe person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295;\nthe person is a disqualified person.\nThe police officer may require the person to immediately give the working with children card to the police officer.\nThe person must comply with the requirement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA police officer who is given a person’s working with children card under subsection (2) must give the person a receipt for the card.\nA police officer must give the working with children card to the chief executive (employment screening).\nA police officer may retain the working with children card until it is given to the chief executive (employment screening) under subsection (5) .\nFor exercising a power under subsection (2) , the police officer is taken to be investigating a matter as mentioned in section 19 .\nIn this section—\nchief executive (employment screening) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\ndisqualified person means a disqualified person within the meaning of the Working with Children Check Act 2000 .\ndisqualifying offence means a disqualifying offence within the meaning of the Working with Children Check Act 2000 .\nserious offence means a serious offence within the meaning of the Working with Children Check Act 2000 .\nworking with children card see the Working with Children Check Act 2000 , schedule 7 .\ns 789A ins 2008 No. 18 s 50\namd 2010 No. 5 s 223\nsub 2014 No. 28 s 105 sch 1\namd 2019 No. 18 s 86 (2) sch 2 ; 2020 No. 32 s 58 ; 2024 No. 50 s 140 sch 1; 2025 No. 20 s 20 sch 1; 2024 No. 49 s 130 sch 4 pt 2 , s 131 sch 5\n(sec.789A-ssec.1) This section applies if a police officer knows or reasonably suspects— a person is the holder of a working with children card; and any of the following apply to the person— the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295; the person is a disqualified person.\n(sec.789A-ssec.2) The police officer may require the person to immediately give the working with children card to the police officer.\n(sec.789A-ssec.3) The person must comply with the requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.789A-ssec.4) A police officer who is given a person’s working with children card under subsection (2) must give the person a receipt for the card.\n(sec.789A-ssec.5) A police officer must give the working with children card to the chief executive (employment screening).\n(sec.789A-ssec.6) A police officer may retain the working with children card until it is given to the chief executive (employment screening) under subsection (5) .\n(sec.789A-ssec.7) For exercising a power under subsection (2) , the police officer is taken to be investigating a matter as mentioned in section 19 .\n(sec.789A-ssec.8) In this section— chief executive (employment screening) means the chief executive of the department in which the Working with Children Check Act 2000 is administered. disqualified person means a disqualified person within the meaning of the Working with Children Check Act 2000 . disqualifying offence means a disqualifying offence within the meaning of the Working with Children Check Act 2000 . serious offence means a serious offence within the meaning of the Working with Children Check Act 2000 . working with children card see the Working with Children Check Act 2000 , schedule 7 .\n- (a) a person is the holder of a working with children card; and\n- (b) any of the following apply to the person— (i) the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295; (ii) the person is a disqualified person.\n- (i) the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295;\n- (ii) the person is a disqualified person.\n- (i) the person has been charged with a prescribed offence within the meaning of the Working with Children Check Act 2000 , section 295;\n- (ii) the person is a disqualified person.","sortOrder":1433},{"sectionNumber":"sec.789B","sectionType":"section","heading":"Power to demand production of disability worker clearance card","content":"### sec.789B Power to demand production of disability worker clearance card\n\nThis section applies if a police officer knows or reasonably suspects—\na person holds a disability worker clearance card; and\nthe person—\nhas been charged with a disqualifying offence within the meaning of the Disability Services Act 2006 ; or\nis a disqualified person within the meaning of the Disability Services Act 2006 .\nThe police officer may require the person to immediately give the person’s disability worker clearance card to the police officer.\nThe person must comply with the requirement under subsection (2) , unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA police officer who is given a person’s disability worker clearance card must give the person a receipt for the card.\nA police officer must give the disability worker clearance card to the chief executive (disability worker screening).\nA police officer may retain the disability worker clearance card until it is given to the chief executive (disability worker screening).\nFor exercising a power under subsection (2) , the police officer is taken to be investigating a matter as mentioned in section 19 .\nIn this section—\nchief executive (disability worker screening) see the Working with Children Check Act 2000 , schedule 7.\ndisability worker clearance card means—\na clearance card under the Disability Services Act 2006 ; or\na card or other document that corresponds to a clearance card mentioned in paragraph (a) issued under a law of another State.\ns 789B ins 2020 No. 39 s 69\namd 2024 No. 50 s 140 sch 1; 2024 No. 49 s 130 sch 4 pt 1\n(sec.789B-ssec.1) This section applies if a police officer knows or reasonably suspects— a person holds a disability worker clearance card; and the person— has been charged with a disqualifying offence within the meaning of the Disability Services Act 2006 ; or is a disqualified person within the meaning of the Disability Services Act 2006 .\n(sec.789B-ssec.2) The police officer may require the person to immediately give the person’s disability worker clearance card to the police officer.\n(sec.789B-ssec.3) The person must comply with the requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.789B-ssec.4) A police officer who is given a person’s disability worker clearance card must give the person a receipt for the card.\n(sec.789B-ssec.5) A police officer must give the disability worker clearance card to the chief executive (disability worker screening).\n(sec.789B-ssec.6) A police officer may retain the disability worker clearance card until it is given to the chief executive (disability worker screening).\n(sec.789B-ssec.7) For exercising a power under subsection (2) , the police officer is taken to be investigating a matter as mentioned in section 19 .\n(sec.789B-ssec.8) In this section— chief executive (disability worker screening) see the Working with Children Check Act 2000 , schedule 7. disability worker clearance card means— a clearance card under the Disability Services Act 2006 ; or a card or other document that corresponds to a clearance card mentioned in paragraph (a) issued under a law of another State.\n- (a) a person holds a disability worker clearance card; and\n- (b) the person— (i) has been charged with a disqualifying offence within the meaning of the Disability Services Act 2006 ; or (ii) is a disqualified person within the meaning of the Disability Services Act 2006 .\n- (i) has been charged with a disqualifying offence within the meaning of the Disability Services Act 2006 ; or\n- (ii) is a disqualified person within the meaning of the Disability Services Act 2006 .\n- (i) has been charged with a disqualifying offence within the meaning of the Disability Services Act 2006 ; or\n- (ii) is a disqualified person within the meaning of the Disability Services Act 2006 .\n- (a) a clearance card under the Disability Services Act 2006 ; or\n- (b) a card or other document that corresponds to a clearance card mentioned in paragraph (a) issued under a law of another State.","sortOrder":1434},{"sectionNumber":"ch.23-pt.2","sectionType":"part","heading":"Electronic service of documents","content":"# Electronic service of documents","sortOrder":1435},{"sectionNumber":"sec.789C","sectionType":"section","heading":"Application of part","content":"### sec.789C Application of part\n\nThis part applies in relation to any power or responsibility a police officer has under this Act or another Act that permits or requires the police officer to personally serve a prescribed document on a person.\nSee also sections 11 and 12.\ns 789C ins 2024 No. 45 s 85","sortOrder":1436},{"sectionNumber":"sec.789D","sectionType":"section","heading":"Definitions for part","content":"### sec.789D Definitions for part\n\nIn this part—\nprescribed document means a document mentioned in schedule 5A .\nrelated document means a document to which a consent given under this part applies under section 789I .\ns 789D ins 2024 No. 45 s 85","sortOrder":1437},{"sectionNumber":"sec.789E","sectionType":"section","heading":"Serving documents by electronic communication","content":"### sec.789E Serving documents by electronic communication\n\nA police officer may serve a prescribed document on a person by electronic communication sent to a unique electronic address of the person if—\nthe police officer reasonably believes, having regard to the circumstances—\nthe electronic communication will be received by the person within a reasonable time; and\nthe electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and\nit is appropriate to do so in the circumstances given the purpose and effect of the document; and\nthe police officer has made a reasonable effort to ensure the person understands the purpose and effect of the document; and\nthe person has given consent under this part for service of the document by electronic communication; and\nthe person’s consent has not ceased to have effect under section 789J ; and\nthe person has nominated the person’s unique electronic address for service by electronic communication.\nAlso, the police officer may serve a related document on the person by electronic communication sent to the person’s nominated unique electronic address if the person’s consent has not ceased to have effect under section 789J .\nHowever, the police officer must not serve the prescribed document or related document on a person under this section if the police officer reasonably suspects the person is—\na child under 16 years; or\na person with impaired capacity.\nThis section does not prevent a police officer from—\npersonally serving the prescribed document or related document on the person; or\nserving the prescribed document or related document on a lawyer acting for the person in a proceeding.\ns 789E ins 2024 No. 45 s 85\n(sec.789E-ssec.1) A police officer may serve a prescribed document on a person by electronic communication sent to a unique electronic address of the person if— the police officer reasonably believes, having regard to the circumstances— the electronic communication will be received by the person within a reasonable time; and the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and it is appropriate to do so in the circumstances given the purpose and effect of the document; and the police officer has made a reasonable effort to ensure the person understands the purpose and effect of the document; and the person has given consent under this part for service of the document by electronic communication; and the person’s consent has not ceased to have effect under section 789J ; and the person has nominated the person’s unique electronic address for service by electronic communication.\n(sec.789E-ssec.2) Also, the police officer may serve a related document on the person by electronic communication sent to the person’s nominated unique electronic address if the person’s consent has not ceased to have effect under section 789J .\n(sec.789E-ssec.3) However, the police officer must not serve the prescribed document or related document on a person under this section if the police officer reasonably suspects the person is— a child under 16 years; or a person with impaired capacity.\n(sec.789E-ssec.4) This section does not prevent a police officer from— personally serving the prescribed document or related document on the person; or serving the prescribed document or related document on a lawyer acting for the person in a proceeding.\n- (a) the police officer reasonably believes, having regard to the circumstances— (i) the electronic communication will be received by the person within a reasonable time; and (ii) the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and (iii) it is appropriate to do so in the circumstances given the purpose and effect of the document; and\n- (i) the electronic communication will be received by the person within a reasonable time; and\n- (ii) the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and\n- (iii) it is appropriate to do so in the circumstances given the purpose and effect of the document; and\n- (b) the police officer has made a reasonable effort to ensure the person understands the purpose and effect of the document; and\n- (c) the person has given consent under this part for service of the document by electronic communication; and\n- (d) the person’s consent has not ceased to have effect under section 789J ; and\n- (e) the person has nominated the person’s unique electronic address for service by electronic communication.\n- (i) the electronic communication will be received by the person within a reasonable time; and\n- (ii) the electronic communication would be readily accessible by the person so as to make the document useable by subsequent reference; and\n- (iii) it is appropriate to do so in the circumstances given the purpose and effect of the document; and\n- (a) a child under 16 years; or\n- (b) a person with impaired capacity.\n- (a) personally serving the prescribed document or related document on the person; or\n- (b) serving the prescribed document or related document on a lawyer acting for the person in a proceeding.","sortOrder":1438},{"sectionNumber":"sec.789F","sectionType":"section","heading":"When service by electronic communication is effected","content":"### sec.789F When service by electronic communication is effected\n\nThis section applies if a police officer serves a prescribed document or related document on a person under section 789E .\nUnless the contrary is proved, for this Act and any other Act, the prescribed document or related document is taken to be personally served on the person on the day and at the time the document was sent by electronic communication to the person’s nominated unique electronic address.\ns 789F ins 2024 No. 45 s 85\n(sec.789F-ssec.1) This section applies if a police officer serves a prescribed document or related document on a person under section 789E .\n(sec.789F-ssec.2) Unless the contrary is proved, for this Act and any other Act, the prescribed document or related document is taken to be personally served on the person on the day and at the time the document was sent by electronic communication to the person’s nominated unique electronic address.","sortOrder":1439},{"sectionNumber":"sec.789G","sectionType":"section","heading":"Consent for service by electronic communication","content":"### sec.789G Consent for service by electronic communication\n\nBefore asking a person to give consent for service of a prescribed document by electronic communication, a police officer must ensure the person is given the explanation required under section 789H .\nA person may give consent only in the presence of a police officer in accordance with this part.\ns 789G ins 2024 No. 45 s 85\n(sec.789G-ssec.1) Before asking a person to give consent for service of a prescribed document by electronic communication, a police officer must ensure the person is given the explanation required under section 789H .\n(sec.789G-ssec.2) A person may give consent only in the presence of a police officer in accordance with this part.","sortOrder":1440},{"sectionNumber":"sec.789H","sectionType":"section","heading":"Matters relating to consent for service by electronic communication","content":"### sec.789H Matters relating to consent for service by electronic communication\n\nFor section 789G , a police officer must explain each of the following matters to the person—\nthe purpose and effect of the prescribed document;\nif reasonably practicable in the circumstances, what related documents are included in the consent;\nthe nature of the consent;\nthat the person may refuse to give consent;\nthat if the person gives consent, the person may withdraw the person’s consent by written notice given to the commissioner;\nthat if the person does not withdraw the person’s consent, the consent ceases to have effect on the earliest of—\n6 months after the day the consent is given; or\nif the person is detained in a corrective services facility or a detention centre—the day the person is detained; or\nif the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.\nThe police officer may give the explanation to the person orally or in the approved form.\nIf the police officer gives the explanation to the person orally, the explanation must be given in a language or in a way likely to be readily understood by the person.\ns 789H ins 2024 No. 45 s 85\n(sec.789H-ssec.1) For section 789G , a police officer must explain each of the following matters to the person— the purpose and effect of the prescribed document; if reasonably practicable in the circumstances, what related documents are included in the consent; the nature of the consent; that the person may refuse to give consent; that if the person gives consent, the person may withdraw the person’s consent by written notice given to the commissioner; that if the person does not withdraw the person’s consent, the consent ceases to have effect on the earliest of— 6 months after the day the consent is given; or if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.\n(sec.789H-ssec.2) The police officer may give the explanation to the person orally or in the approved form.\n(sec.789H-ssec.3) If the police officer gives the explanation to the person orally, the explanation must be given in a language or in a way likely to be readily understood by the person.\n- (a) the purpose and effect of the prescribed document;\n- (b) if reasonably practicable in the circumstances, what related documents are included in the consent;\n- (c) the nature of the consent;\n- (d) that the person may refuse to give consent;\n- (e) that if the person gives consent, the person may withdraw the person’s consent by written notice given to the commissioner;\n- (f) that if the person does not withdraw the person’s consent, the consent ceases to have effect on the earliest of— (i) 6 months after the day the consent is given; or (ii) if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or (iii) if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.\n- (i) 6 months after the day the consent is given; or\n- (ii) if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or\n- (iii) if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.\n- (i) 6 months after the day the consent is given; or\n- (ii) if the person is detained in a corrective services facility or a detention centre—the day the person is detained; or\n- (iii) if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.","sortOrder":1441},{"sectionNumber":"sec.789I","sectionType":"section","heading":"Consent applies to related documents","content":"### sec.789I Consent applies to related documents\n\nThis section applies if a person gives consent for service of a prescribed document by electronic communication under this part.\nIf a proceeding under an Act is started in relation to the prescribed document, or for another matter arising from the circumstances stated in the document, the consent given by the person applies to any document permitted or required to be served for the proceeding.\nAlso, if an Act permits or requires a document to be served in relation to a matter stated in the prescribed document, the consent applies to the document.\ns 789I ins 2024 No. 45 s 85\n(sec.789I-ssec.1) This section applies if a person gives consent for service of a prescribed document by electronic communication under this part.\n(sec.789I-ssec.2) If a proceeding under an Act is started in relation to the prescribed document, or for another matter arising from the circumstances stated in the document, the consent given by the person applies to any document permitted or required to be served for the proceeding.\n(sec.789I-ssec.3) Also, if an Act permits or requires a document to be served in relation to a matter stated in the prescribed document, the consent applies to the document.","sortOrder":1442},{"sectionNumber":"sec.789J","sectionType":"section","heading":"Withdrawal of consent etc.","content":"### sec.789J Withdrawal of consent etc.\n\nA person may by written notice given to the commissioner withdraw the person’s consent for service of a prescribed document and any related document by electronic communication under this part.\nThe person’s consent ceases to have effect for this part in relation to the prescribed document and any related document when the commissioner receives the notice.\nAlso, if the person’s consent is not withdrawn under subsection (1), the consent ceases to have effect for this part on the earliest of—\n6 months after the day the consent is given; or\nif the person is detained in a corrective services facility or a detention centre —the day the person is detained; or\nif the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.\nSubsection (5) applies if—\nthe person’s consent ceases to have effect for this part; and\nbefore the consent ceases to have effect, a document is served on a person under section 789E .\nThe service of the document on the person under section 789E is not invalid merely because the person’s consent ceased to have effect after service was effected.\ns 789J ins 2024 No. 45 s 85\n(sec.789J-ssec.1) A person may by written notice given to the commissioner withdraw the person’s consent for service of a prescribed document and any related document by electronic communication under this part.\n(sec.789J-ssec.2) The person’s consent ceases to have effect for this part in relation to the prescribed document and any related document when the commissioner receives the notice.\n(sec.789J-ssec.3) Also, if the person’s consent is not withdrawn under subsection (1), the consent ceases to have effect for this part on the earliest of— 6 months after the day the consent is given; or if the person is detained in a corrective services facility or a detention centre —the day the person is detained; or if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.\n(sec.789J-ssec.4) Subsection (5) applies if— the person’s consent ceases to have effect for this part; and before the consent ceases to have effect, a document is served on a person under section 789E .\n(sec.789J-ssec.5) The service of the document on the person under section 789E is not invalid merely because the person’s consent ceased to have effect after service was effected.\n- (a) 6 months after the day the consent is given; or\n- (b) if the person is detained in a corrective services facility or a detention centre —the day the person is detained; or\n- (c) if the person is detained in an authorised mental health service or public sector health service facility under the Mental Health Act 2016 —the day the person is detained.\n- (a) the person’s consent ceases to have effect for this part; and\n- (b) before the consent ceases to have effect, a document is served on a person under section 789E .","sortOrder":1443},{"sectionNumber":"sec.789K","sectionType":"section","heading":"Record of explanation, consent and unique electronic address","content":"### sec.789K Record of explanation, consent and unique electronic address\n\nThis section applies if a person gives consent for service of a prescribed document by electronic communication under this part in the presence of a police officer.\nThe police officer must ensure all of the following matters are recorded—\nthe explanation given to the person under section 789H ;\nthe person’s consent;\nthe person’s nominated unique electronic address and an acknowledgement by the person of that address.\nOne or more of the matters mentioned in subsection (2) may be given orally and recorded electronically.\nIf the person’s consent is only in writing, the police officer must ensure that the person’s consent is signed by the person.\ns 789K ins 2024 No. 45 s 85\n(sec.789K-ssec.1) This section applies if a person gives consent for service of a prescribed document by electronic communication under this part in the presence of a police officer.\n(sec.789K-ssec.2) The police officer must ensure all of the following matters are recorded— the explanation given to the person under section 789H ; the person’s consent; the person’s nominated unique electronic address and an acknowledgement by the person of that address.\n(sec.789K-ssec.3) One or more of the matters mentioned in subsection (2) may be given orally and recorded electronically.\n(sec.789K-ssec.4) If the person’s consent is only in writing, the police officer must ensure that the person’s consent is signed by the person.\n- (a) the explanation given to the person under section 789H ;\n- (b) the person’s consent;\n- (c) the person’s nominated unique electronic address and an acknowledgement by the person of that address.","sortOrder":1444},{"sectionNumber":"sec.789L","sectionType":"section","heading":"Evidentiary provision","content":"### sec.789L Evidentiary provision\n\nFor a proceeding under an Act, a certificate signed by the commissioner stating any of the following matters is evidence of what it states, unless the contrary is proved—\na prescribed or related document is, or was, on a stated day sent by the police officer to a person’s nominated unique electronic address;\nthe police officer complied with sections 789E , 789G and 789K.\ns 789L ins 2024 No. 45 s 85\n- (a) a prescribed or related document is, or was, on a stated day sent by the police officer to a person’s nominated unique electronic address;\n- (b) the police officer complied with sections 789E , 789G and 789K.","sortOrder":1445},{"sectionNumber":"ch.23-pt.3","sectionType":"part","heading":"Electronically signing documents","content":"# Electronically signing documents","sortOrder":1446},{"sectionNumber":"sec.789M","sectionType":"section","heading":"Approved method for electronically signing documents","content":"### sec.789M Approved method for electronically signing documents\n\nThe commissioner may approve a method for electronically signing a document under section 789N .\nThe commissioner must be satisfied, having regard to all the circumstances, that the method approved under this section is a reliable method for identifying a signatory of a document.\nAlso, the commissioner must not approve a method prescribed under the Oaths Act 1867 , section 13A as a method that is not an accepted method.\ns 789M ins 2024 No. 45 s 85\n(sec.789M-ssec.1) The commissioner may approve a method for electronically signing a document under section 789N .\n(sec.789M-ssec.2) The commissioner must be satisfied, having regard to all the circumstances, that the method approved under this section is a reliable method for identifying a signatory of a document.\n(sec.789M-ssec.3) Also, the commissioner must not approve a method prescribed under the Oaths Act 1867 , section 13A as a method that is not an accepted method.","sortOrder":1447},{"sectionNumber":"sec.789N","sectionType":"section","heading":"Police officers may electronically sign documents","content":"### sec.789N Police officers may electronically sign documents\n\nThis section applies if, in the performance of a police officer’s duty, the officer is required or permitted under this Act or another Act to sign a document.\nSee also sections 11 and 12 .\nThe police officer may electronically sign the document using a method approved under section 789M .\nUnless the contrary is proved, for this Act and any other Act, a document electronically signed by a police officer under this section is taken to be a document signed by the police officer.\ns 789N ins 2024 No. 45 s 85\n(sec.789N-ssec.1) This section applies if, in the performance of a police officer’s duty, the officer is required or permitted under this Act or another Act to sign a document. See also sections 11 and 12 .\n(sec.789N-ssec.2) The police officer may electronically sign the document using a method approved under section 789M .\n(sec.789N-ssec.3) Unless the contrary is proved, for this Act and any other Act, a document electronically signed by a police officer under this section is taken to be a document signed by the police officer.","sortOrder":1448},{"sectionNumber":"ch.23-pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":1449},{"sectionNumber":"ch.23-pt.4-div.1","sectionType":"division","heading":"Police officers","content":"## Police officers","sortOrder":1450},{"sectionNumber":"sec.790","sectionType":"section","heading":"Offence to assault or obstruct police officer","content":"### sec.790 Offence to assault or obstruct police officer\n\nA person must not—\nassault a police officer in the performance of the officer’s duties; or\nobstruct a police officer in the performance of the officer’s duties.\nMaximum penalty—\nif the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or\notherwise—40 penalty units or 6 months imprisonment.\nFor subsection (1) , a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer.\nThe Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against this section.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\nobstruct includes hinder, resist and attempt to obstruct.\ns 790 (prev s 356) renum 2000 No. 22 s 26\namd 2014 No. 42 s 120 ; 2018 No. 20 s 43\n(sec.790-ssec.1) A person must not— assault a police officer in the performance of the officer’s duties; or obstruct a police officer in the performance of the officer’s duties. Maximum penalty— if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or otherwise—40 penalty units or 6 months imprisonment.\n(sec.790-ssec.2) For subsection (1) , a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer.\n(sec.790-ssec.2A) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against this section.\n(sec.790-ssec.3) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist and attempt to obstruct.\n- (a) assault a police officer in the performance of the officer’s duties; or\n- (b) obstruct a police officer in the performance of the officer’s duties.\n- (a) if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or\n- (b) otherwise—40 penalty units or 6 months imprisonment.","sortOrder":1451},{"sectionNumber":"sec.791","sectionType":"section","heading":"Offence to contravene direction or requirement of police officer","content":"### sec.791 Offence to contravene direction or requirement of police officer\n\nThis section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.\nA person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.\nMaximum penalty—\nfor contravening a direction given under section 48 —\nwithin licensed premises, or in a regulated place located in the vicinity of licensed premises; or\nin a public place located in a safe night precinct—60 penalty units; or\nfor contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or\notherwise—40 penalty units.\nHowever, for a contravention of a requirement made by a police officer under section 17 or 18 , the person may be prosecuted for a contravention of the relevant authorising law or subsection (2) , but not both.\nUnless otherwise expressly provided, it is a reasonable excuse for a person not to comply with a requirement or direction to give information if giving the information would tend to incriminate the person.\nIt is not a reasonable excuse for a person not to comply with a requirement or direction given by a police officer under chapter 17 that complying with the requirement or direction would tend to incriminate the person.\ns 791 (prev s 357) renum 2000 No. 22 s 26\namd 2003 No. 49 s 20 ; 2014 No. 42 s 121\n(sec.791-ssec.1) This section applies if a person is given a requirement or direction under this Act and no other penalty is expressly provided for a contravention of the requirement or direction.\n(sec.791-ssec.2) A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse. Maximum penalty— for contravening a direction given under section 48 — within licensed premises, or in a regulated place located in the vicinity of licensed premises; or in a public place located in a safe night precinct—60 penalty units; or for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or otherwise—40 penalty units.\n(sec.791-ssec.3) However, for a contravention of a requirement made by a police officer under section 17 or 18 , the person may be prosecuted for a contravention of the relevant authorising law or subsection (2) , but not both.\n(sec.791-ssec.4) Unless otherwise expressly provided, it is a reasonable excuse for a person not to comply with a requirement or direction to give information if giving the information would tend to incriminate the person.\n(sec.791-ssec.5) It is not a reasonable excuse for a person not to comply with a requirement or direction given by a police officer under chapter 17 that complying with the requirement or direction would tend to incriminate the person.\n- (a) for contravening a direction given under section 48 — (i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or (ii) in a public place located in a safe night precinct—60 penalty units; or\n- (i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or\n- (ii) in a public place located in a safe night precinct—60 penalty units; or\n- (b) for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or\n- (c) otherwise—40 penalty units.\n- (i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or\n- (ii) in a public place located in a safe night precinct—60 penalty units; or","sortOrder":1452},{"sectionNumber":"ch.23-pt.4-div.2","sectionType":"division","heading":"Protective services officers","content":"## Protective services officers","sortOrder":1453},{"sectionNumber":"sec.791A","sectionType":"section","heading":"Offence to assault or obstruct protective services officer","content":"### sec.791A Offence to assault or obstruct protective services officer\n\nA person must not—\nassault a protective services officer in the performance of the officer’s duties at, or in connection with, a state building; or\nobstruct a protective services officer in the performance of the officer’s duties at, or in connection with, a state building.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\nobstruct includes hinder, resist and attempt to obstruct.\ns 791A ins 2022 No. 9 s 20\n(sec.791A-ssec.1) A person must not— assault a protective services officer in the performance of the officer’s duties at, or in connection with, a state building; or obstruct a protective services officer in the performance of the officer’s duties at, or in connection with, a state building. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.791A-ssec.2) In this section— assault has the meaning given by the Criminal Code , section 245 . obstruct includes hinder, resist and attempt to obstruct.\n- (a) assault a protective services officer in the performance of the officer’s duties at, or in connection with, a state building; or\n- (b) obstruct a protective services officer in the performance of the officer’s duties at, or in connection with, a state building.","sortOrder":1454},{"sectionNumber":"sec.791B","sectionType":"section","heading":"Offence to contravene direction or requirement of protective services officer","content":"### sec.791B Offence to contravene direction or requirement of protective services officer\n\nThis section applies if a person is given a requirement or direction under chapter 19 , part 1 by a protective services officer and no other penalty is expressly provided for a contravention of the requirement or direction.\nA person must not contravene a requirement or direction given by a protective services officer, including a requirement or direction contained in a notice given by a protective services officer, under this Act, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 791B ins 2022 No. 9 s 20\n(sec.791B-ssec.1) This section applies if a person is given a requirement or direction under chapter 19 , part 1 by a protective services officer and no other penalty is expressly provided for a contravention of the requirement or direction.\n(sec.791B-ssec.2) A person must not contravene a requirement or direction given by a protective services officer, including a requirement or direction contained in a notice given by a protective services officer, under this Act, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.","sortOrder":1455},{"sectionNumber":"ch.23-pt.5","sectionType":"part","heading":"Other general provisions","content":"# Other general provisions","sortOrder":1456},{"sectionNumber":"sec.792","sectionType":"section","heading":"Performance of duty—police officers","content":"### sec.792 Performance of duty—police officers\n\nA police officer performing a function of the police service is performing a duty of a police officer even if the function could be performed by someone other than a police officer.\nAn occupier of a place who may remove a trespasser from the place asks a police officer to remove the trespasser. The police officer, when removing the trespasser at the occupier’s request is performing a function of the police service.\ns 792 (prev s 358) renum 2000 No. 22 s 26\namd 2005 No. 17 s 20 ; 2022 No. 9 s 21","sortOrder":1457},{"sectionNumber":"sec.792A","sectionType":"section","heading":"Performance of duty—protective services officers","content":"### sec.792A Performance of duty—protective services officers\n\nA protective services officer performing a function of the police service is performing a duty of a protective services officer even if the function could be performed by someone other than a protective services officer.\ns 792A ins 2022 No. 9 s 22","sortOrder":1458},{"sectionNumber":"sec.792B","sectionType":"section","heading":"Meaning of place of safety","content":"### sec.792B Meaning of place of safety\n\nA place of safety for a person who is intoxicated or who has ingested or inhaled a potentially harmful thing is—\nif the person requires medical attention only available at a hospital—a hospital; or\notherwise—a place, other than a police station or watch-house, at which the person can recover safely from the effects of being intoxicated or the potentially harmful thing.\na place, other than a hospital, that provides care for persons who are intoxicated or who have ingested or inhaled the potentially harmful thing\na place where the person is living, whether on a temporary or permanent basis\na place where a relative or friend of the person is living, whether on a temporary or permanent basis\nDespite subsection (1) (b) , a place mentioned in that paragraph is not a place of safety if there is a risk of an act of domestic violence being committed by, or against, the person while at the place.\nA vehicle, other than a police vehicle, is a place of safety if the vehicle is used to safely transport the person to a place mentioned in subsection (1) .\ns 792B ins 2023 No. 21 s 50N\n(sec.792B-ssec.1) A place of safety for a person who is intoxicated or who has ingested or inhaled a potentially harmful thing is— if the person requires medical attention only available at a hospital—a hospital; or otherwise—a place, other than a police station or watch-house, at which the person can recover safely from the effects of being intoxicated or the potentially harmful thing. a place, other than a hospital, that provides care for persons who are intoxicated or who have ingested or inhaled the potentially harmful thing a place where the person is living, whether on a temporary or permanent basis a place where a relative or friend of the person is living, whether on a temporary or permanent basis\n(sec.792B-ssec.2) Despite subsection (1) (b) , a place mentioned in that paragraph is not a place of safety if there is a risk of an act of domestic violence being committed by, or against, the person while at the place.\n(sec.792B-ssec.3) A vehicle, other than a police vehicle, is a place of safety if the vehicle is used to safely transport the person to a place mentioned in subsection (1) .\n- (a) if the person requires medical attention only available at a hospital—a hospital; or\n- (b) otherwise—a place, other than a police station or watch-house, at which the person can recover safely from the effects of being intoxicated or the potentially harmful thing. Examples— • a place, other than a hospital, that provides care for persons who are intoxicated or who have ingested or inhaled the potentially harmful thing • a place where the person is living, whether on a temporary or permanent basis • a place where a relative or friend of the person is living, whether on a temporary or permanent basis\n- • a place, other than a hospital, that provides care for persons who are intoxicated or who have ingested or inhaled the potentially harmful thing\n- • a place where the person is living, whether on a temporary or permanent basis\n- • a place where a relative or friend of the person is living, whether on a temporary or permanent basis\n- • a place, other than a hospital, that provides care for persons who are intoxicated or who have ingested or inhaled the potentially harmful thing\n- • a place where the person is living, whether on a temporary or permanent basis\n- • a place where a relative or friend of the person is living, whether on a temporary or permanent basis","sortOrder":1459},{"sectionNumber":"sec.793","sectionType":"section","heading":"Helping at fire or hazardous materials emergency","content":"### sec.793 Helping at fire or hazardous materials emergency\n\nIt is the duty of a police officer who is present at a fire or hazardous materials emergency to give a fire officer who is performing functions and exercising powers under the Fire Services Act 1990 reasonably necessary help.\nIn this section—\nfire officer has the meaning given by the Fire Services Act 1990 , schedule 2 .\nhazardous materials emergency has the meaning given by the Fire Services Act 1990 , schedule 2 .\ns 793 (prev s 359) renum 2000 No. 22 s 26\namd 2003 No. 19 s 3 sch\nsub 2006 No. 26 s 80\namd 2014 No. 17 s 112 ; 2024 No. 22 s 92 sch 1\n(sec.793-ssec.1) It is the duty of a police officer who is present at a fire or hazardous materials emergency to give a fire officer who is performing functions and exercising powers under the Fire Services Act 1990 reasonably necessary help.\n(sec.793-ssec.2) In this section— fire officer has the meaning given by the Fire Services Act 1990 , schedule 2 . hazardous materials emergency has the meaning given by the Fire Services Act 1990 , schedule 2 .","sortOrder":1460},{"sectionNumber":"sec.794","sectionType":"section","heading":"Helping coroner investigate a death","content":"### sec.794 Helping coroner investigate a death\n\nIt is the duty of police officers to help coroners in the performance of a function, or exercise of a power, under the Coroners Act 2003 , including—\nthe investigation of deaths; and\nthe conduct of inquests.\nWithout limiting subsection (1) , it is the duty of police officers to comply with every reasonable and lawful request, or direction, of a coroner.\ns 794 ins 2003 No. 13 s 106 sch 1\namd 2006 No. 26 s 3 sch 1\n(sec.794-ssec.1) It is the duty of police officers to help coroners in the performance of a function, or exercise of a power, under the Coroners Act 2003 , including— the investigation of deaths; and the conduct of inquests.\n(sec.794-ssec.2) Without limiting subsection (1) , it is the duty of police officers to comply with every reasonable and lawful request, or direction, of a coroner.\n- (a) the investigation of deaths; and\n- (b) the conduct of inquests.","sortOrder":1461},{"sectionNumber":"sec.795","sectionType":"section","heading":"Disposal of clothing of deceased person","content":"### sec.795 Disposal of clothing of deceased person\n\nThis section applies in relation to the clothing of a deceased person if a police officer is present when the clothing is removed from the deceased person’s body.\nIf a police officer considers it would be inappropriate to give the clothing to a relative of the deceased person, for example, because it is damaged, soiled or stained, the police officer may dispose of the clothing, including by destroying it.\nClothing disposed of under subsection (2) is taken to have been forfeited to the State immediately before its disposal.\ns 795 ins 2006 No. 26 s 81\n(sec.795-ssec.1) This section applies in relation to the clothing of a deceased person if a police officer is present when the clothing is removed from the deceased person’s body.\n(sec.795-ssec.2) If a police officer considers it would be inappropriate to give the clothing to a relative of the deceased person, for example, because it is damaged, soiled or stained, the police officer may dispose of the clothing, including by destroying it.\n(sec.795-ssec.3) Clothing disposed of under subsection (2) is taken to have been forfeited to the State immediately before its disposal.","sortOrder":1462},{"sectionNumber":"sec.796","sectionType":"section","heading":"Helping courts, etc.","content":"### sec.796 Helping courts, etc.\n\nThis section applies if, under another Act or law, a tribunal has power—\nto lawfully order the apprehension or detention of a person, including under a warrant; or\nto order the exclusion or removal of a person from the place where the tribunal is sitting; or\nto give any other order or direction for which the help of a police officer may be reasonably necessary.\nIt is the duty of a police officer to comply with any lawful direction, request, or order of the tribunal and any reasonable request the judge or other presiding officer may lawfully make.\nAlso, it is the duty of a watch-house officer to comply with any lawful direction, request, or order of the tribunal and any reasonable request the judge or other presiding officer may lawfully make that relates to the presence or conduct of a person transferred under section 640 from a watch-house to a court cell who is present before the tribunal.\nIn this section—\ntribunal means a court, inquest, inquiry, tribunal or other deliberative entity.\ns 796 (prev s 360) renum 2000 No. 22 s 26\namd 2006 No. 26 ss 82 , 3 sch 1\n(sec.796-ssec.1) This section applies if, under another Act or law, a tribunal has power— to lawfully order the apprehension or detention of a person, including under a warrant; or to order the exclusion or removal of a person from the place where the tribunal is sitting; or to give any other order or direction for which the help of a police officer may be reasonably necessary.\n(sec.796-ssec.2) It is the duty of a police officer to comply with any lawful direction, request, or order of the tribunal and any reasonable request the judge or other presiding officer may lawfully make.\n(sec.796-ssec.3) Also, it is the duty of a watch-house officer to comply with any lawful direction, request, or order of the tribunal and any reasonable request the judge or other presiding officer may lawfully make that relates to the presence or conduct of a person transferred under section 640 from a watch-house to a court cell who is present before the tribunal.\n(sec.796-ssec.4) In this section— tribunal means a court, inquest, inquiry, tribunal or other deliberative entity.\n- (a) to lawfully order the apprehension or detention of a person, including under a warrant; or\n- (b) to order the exclusion or removal of a person from the place where the tribunal is sitting; or\n- (c) to give any other order or direction for which the help of a police officer may be reasonably necessary.","sortOrder":1463},{"sectionNumber":"sec.797","sectionType":"section","heading":"Helping during declaration of emergency under Corrective Services Act 2006","content":"### sec.797 Helping during declaration of emergency under Corrective Services Act 2006\n\nThis section applies if a police officer is authorised by the chief executive (corrective services) to perform a function or exercise a power of a corrective services officer under the Corrective Services Act 2006 while a corrective services emergency declaration is in force.\nIt is the duty of the police officer to perform the function or exercise the power while the corrective services emergency declaration is in force.\nThe police officer must perform the function or exercise the power under the direction of the senior police officer present at the prison for which the corrective services emergency declaration is in force.\nIn this section—\ncorrective services emergency declaration means a declaration made under the Corrective Services Act 2006 , section 271B .\ns 797 ins 2006 No. 29 s 515\namd 2023 No. 14 s 42\n(sec.797-ssec.1) This section applies if a police officer is authorised by the chief executive (corrective services) to perform a function or exercise a power of a corrective services officer under the Corrective Services Act 2006 while a corrective services emergency declaration is in force.\n(sec.797-ssec.2) It is the duty of the police officer to perform the function or exercise the power while the corrective services emergency declaration is in force.\n(sec.797-ssec.3) The police officer must perform the function or exercise the power under the direction of the senior police officer present at the prison for which the corrective services emergency declaration is in force.\n(sec.797-ssec.4) In this section— corrective services emergency declaration means a declaration made under the Corrective Services Act 2006 , section 271B .","sortOrder":1464},{"sectionNumber":"sec.798","sectionType":"section","heading":"Service and enforcement of process","content":"### sec.798 Service and enforcement of process\n\nA police officer may serve or enforce a warrant, summons, order or command of any court, judge, magistrate or justice—\neven though the warrant, summons, order or command is not addressed to the police officer; and\ndespite the requirements of any other Act or law, or rule having the force of law, about who may enforce the warrant, summons, order or command.\ns 798 (prev s 361) renum 2000 No. 22 s 26\n- (a) even though the warrant, summons, order or command is not addressed to the police officer; and\n- (b) despite the requirements of any other Act or law, or rule having the force of law, about who may enforce the warrant, summons, order or command.","sortOrder":1465},{"sectionNumber":"sec.799","sectionType":"section","heading":"Provisions restricting starting of proceeding","content":"### sec.799 Provisions restricting starting of proceeding\n\nThis section applies if a provision of another Act prescribed under a regulation for this section restricts or prevents a police officer starting a proceeding against a person for an offence against that Act.\nDespite the other Act, a police officer may start a proceeding against the person for the offence.\nHowever, as soon as reasonably practicable after starting the proceeding, a police officer must inform the chief executive of the department within which the Act is administered of the starting of the proceeding.\ns 799 (prev s 362) renum 2000 No. 22 s 26\n(sec.799-ssec.1) This section applies if a provision of another Act prescribed under a regulation for this section restricts or prevents a police officer starting a proceeding against a person for an offence against that Act.\n(sec.799-ssec.2) Despite the other Act, a police officer may start a proceeding against the person for the offence.\n(sec.799-ssec.3) However, as soon as reasonably practicable after starting the proceeding, a police officer must inform the chief executive of the department within which the Act is administered of the starting of the proceeding.","sortOrder":1466},{"sectionNumber":"sec.800","sectionType":"section","heading":"Obtaining warrants, orders and authorities, etc., by telephone or similar facility","content":"### sec.800 Obtaining warrants, orders and authorities, etc., by telephone or similar facility\n\nThis section applies if under this Act, a police officer or law enforcement officer may obtain a warrant, approval, production notice, production order, an order under section 85 (6), 85A (6), 86 (5) , 90 (6), 90A (6), 91 (6) , a noise abatement order or another authority (a prescribed authority ).\nA police officer or law enforcement officer may apply for a prescribed authority by phone, fax, radio, email or another similar facility if the police officer or law enforcement officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the police officer’s or law enforcement officer’s remote location.\nBefore applying for the prescribed authority, the police officer or law enforcement officer must prepare an application stating the grounds on which the prescribed authority is sought.\nIf, apart from this section, the application is required to be sworn, the police officer or law enforcement officer may apply for the prescribed authority before the application is sworn.\nIf transmission by fax is available, the person applying must transmit a copy of the application to the person who is to decide the application.\nSubsection (1) applies to a forensic procedure order only if the person to whom the application for the order relates is not entitled to be given notice of the application under section 460 (2) or the person is dead.\ns 800 (prev s 363) renum 2000 No. 22 s 26\namd 2002 No. 33 s 12 ; 2003 No. 92 s 3 sch ; 2003 No. 49 s 21 (2) ( 2003 No. 49 s 21 (1) amdt could not be given effect); 2005 No. 45 s 24 ; 2005 No. 64 s 24 ; 2006 No. 57 s 41 ; 2016 No. 62 s 493 s ch 1 pt 1\n(sec.800-ssec.1) This section applies if under this Act, a police officer or law enforcement officer may obtain a warrant, approval, production notice, production order, an order under section 85 (6), 85A (6), 86 (5) , 90 (6), 90A (6), 91 (6) , a noise abatement order or another authority (a prescribed authority ).\n(sec.800-ssec.2) A police officer or law enforcement officer may apply for a prescribed authority by phone, fax, radio, email or another similar facility if the police officer or law enforcement officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the police officer’s or law enforcement officer’s remote location.\n(sec.800-ssec.3) Before applying for the prescribed authority, the police officer or law enforcement officer must prepare an application stating the grounds on which the prescribed authority is sought.\n(sec.800-ssec.4) If, apart from this section, the application is required to be sworn, the police officer or law enforcement officer may apply for the prescribed authority before the application is sworn.\n(sec.800-ssec.5) If transmission by fax is available, the person applying must transmit a copy of the application to the person who is to decide the application.\n(sec.800-ssec.6) Subsection (1) applies to a forensic procedure order only if the person to whom the application for the order relates is not entitled to be given notice of the application under section 460 (2) or the person is dead.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the police officer’s or law enforcement officer’s remote location.","sortOrder":1467},{"sectionNumber":"sec.801","sectionType":"section","heading":"Steps after issue of prescribed authority","content":"### sec.801 Steps after issue of prescribed authority\n\nAfter issuing the prescribed authority, the issuer must—\nif it is reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—immediately give the copy to the police officer or law enforcement officer by electronic communication; and\nfor a prescribed authority issued on a remote application made under chapter 13 —immediately record the details mentioned in subsection (2) (a) (i) and (ii) in a register kept by the issuer for the purpose.\nIf it is not reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—\nthe issuer must tell the police officer or law enforcement officer—\nwhat the terms of the prescribed authority are; and\nthe day and time the prescribed authority was issued; and\nthe police officer or law enforcement officer must complete a form of prescribed authority (a prescribed authority form ) and write on it—\nthe issuer’s name; and\nthe day and time the issuer issued the prescribed authority; and\nthe terms of the prescribed authority.\nTo remove doubt, it is declared that the copy of the prescribed authority given under subsection (1) (a) , or the prescribed authority form properly completed by the police officer or law enforcement officer—\nis, and is taken always to have been, of the same effect as the prescribed authority signed by the issuer; and\nauthorises the entry and the exercise of the other powers stated in the prescribed authority issued by the issuer.\nThe police officer or law enforcement officer must send to the issuer—\nif section 800 (4) applies in relation to the application for the prescribed authority—\nfor an application that is electronically sworn—a copy of the sworn application; or\notherwise—the sworn application; and\nif the police officer or law enforcement officer completed it—the completed prescribed authority form.\nThe police officer or law enforcement officer must send the documents mentioned in subsection (4) to the issuer—\ngenerally—at the first reasonable opportunity; or\nfor a remote application made under chapter 13 —within 72 hours.\nOn receiving the documents, the issuer must attach them to the prescribed authority.\nIn this section—\nelectronically sworn , in relation to an application for a prescribed authority, means the affidavit, that forms part of the application, is made and signed under the Oaths Act 1867 , section 16C (2) or 31F .\ns 801 (prev s 364) renum 2000 No. 22 s 26\namd 2005 No. 45 s 25 ; 2022 No. 4 s 11\n(sec.801-ssec.1) After issuing the prescribed authority, the issuer must— if it is reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—immediately give the copy to the police officer or law enforcement officer by electronic communication; and for a prescribed authority issued on a remote application made under chapter 13 —immediately record the details mentioned in subsection (2) (a) (i) and (ii) in a register kept by the issuer for the purpose.\n(sec.801-ssec.2) If it is not reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication— the issuer must tell the police officer or law enforcement officer— what the terms of the prescribed authority are; and the day and time the prescribed authority was issued; and the police officer or law enforcement officer must complete a form of prescribed authority (a prescribed authority form ) and write on it— the issuer’s name; and the day and time the issuer issued the prescribed authority; and the terms of the prescribed authority.\n(sec.801-ssec.3) To remove doubt, it is declared that the copy of the prescribed authority given under subsection (1) (a) , or the prescribed authority form properly completed by the police officer or law enforcement officer— is, and is taken always to have been, of the same effect as the prescribed authority signed by the issuer; and authorises the entry and the exercise of the other powers stated in the prescribed authority issued by the issuer.\n(sec.801-ssec.4) The police officer or law enforcement officer must send to the issuer— if section 800 (4) applies in relation to the application for the prescribed authority— for an application that is electronically sworn—a copy of the sworn application; or otherwise—the sworn application; and if the police officer or law enforcement officer completed it—the completed prescribed authority form.\n(sec.801-ssec.5) The police officer or law enforcement officer must send the documents mentioned in subsection (4) to the issuer— generally—at the first reasonable opportunity; or for a remote application made under chapter 13 —within 72 hours.\n(sec.801-ssec.6) On receiving the documents, the issuer must attach them to the prescribed authority.\n(sec.801-ssec.7) In this section— electronically sworn , in relation to an application for a prescribed authority, means the affidavit, that forms part of the application, is made and signed under the Oaths Act 1867 , section 16C (2) or 31F .\n- (a) if it is reasonably practicable to give a copy of the prescribed authority to the police officer or law enforcement officer by electronic communication—immediately give the copy to the police officer or law enforcement officer by electronic communication; and\n- (b) for a prescribed authority issued on a remote application made under chapter 13 —immediately record the details mentioned in subsection (2) (a) (i) and (ii) in a register kept by the issuer for the purpose.\n- (a) the issuer must tell the police officer or law enforcement officer— (i) what the terms of the prescribed authority are; and (ii) the day and time the prescribed authority was issued; and\n- (i) what the terms of the prescribed authority are; and\n- (ii) the day and time the prescribed authority was issued; and\n- (b) the police officer or law enforcement officer must complete a form of prescribed authority (a prescribed authority form ) and write on it— (i) the issuer’s name; and (ii) the day and time the issuer issued the prescribed authority; and (iii) the terms of the prescribed authority.\n- (i) the issuer’s name; and\n- (ii) the day and time the issuer issued the prescribed authority; and\n- (iii) the terms of the prescribed authority.\n- (i) what the terms of the prescribed authority are; and\n- (ii) the day and time the prescribed authority was issued; and\n- (i) the issuer’s name; and\n- (ii) the day and time the issuer issued the prescribed authority; and\n- (iii) the terms of the prescribed authority.\n- (a) is, and is taken always to have been, of the same effect as the prescribed authority signed by the issuer; and\n- (b) authorises the entry and the exercise of the other powers stated in the prescribed authority issued by the issuer.\n- (a) if section 800 (4) applies in relation to the application for the prescribed authority— (i) for an application that is electronically sworn—a copy of the sworn application; or (ii) otherwise—the sworn application; and\n- (i) for an application that is electronically sworn—a copy of the sworn application; or\n- (ii) otherwise—the sworn application; and\n- (b) if the police officer or law enforcement officer completed it—the completed prescribed authority form.\n- (i) for an application that is electronically sworn—a copy of the sworn application; or\n- (ii) otherwise—the sworn application; and\n- (a) generally—at the first reasonable opportunity; or\n- (b) for a remote application made under chapter 13 —within 72 hours.","sortOrder":1468},{"sectionNumber":"sec.802","sectionType":"section","heading":"Presumption about exercise of powers under prescribed authority","content":"### sec.802 Presumption about exercise of powers under prescribed authority\n\nA court must find the exercise of a power by a police officer or law enforcement officer was not authorised by a prescribed authority if—\nan issue arises in a proceeding before the court whether the exercise of the power was authorised by a prescribed authority; and\nthe authority is not produced in evidence; and\nit is not proved by the police officer or law enforcement officer relying on the lawfulness of the exercise of the power that a police officer or law enforcement officer obtained the prescribed authority.\ns 802 (prev s 365) renum 2000 No. 22 s 26\namd 2003 No. 49 s 22 ; 2005 No. 45 s 26\n- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a prescribed authority; and\n- (b) the authority is not produced in evidence; and\n- (c) it is not proved by the police officer or law enforcement officer relying on the lawfulness of the exercise of the power that a police officer or law enforcement officer obtained the prescribed authority.","sortOrder":1469},{"sectionNumber":"sec.803","sectionType":"section","heading":"Protection of methodologies","content":"### sec.803 Protection of methodologies\n\nIn a proceeding, a police officer or staff member can not be required to disclose information mentioned in subsection (2) , unless the court is satisfied disclosure of the information is necessary—\nfor the fair trial of the defendant; or\nto find out whether the scope of a law enforcement investigation has exceeded the limits imposed by law; or\nin the public interest.\nThe information is information that could, if disclosed, reasonably be expected—\nto prejudice the investigation of a contravention or possible contravention of the law; or\nto enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nto endanger a person’s life or physical safety; or\nto prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nto prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nto facilitate a person’s escape from lawful custody.\nSubsection (1) does not affect a provision of another Act under which a police officer can not be compelled to disclose information or make statements in relation to the information.\nDrugs Misuse Act 1986 , section 120\nIn this section—\npolice officer includes a police officer of another State or the Australian Federal Police.\nproceeding does not include—\na hearing under the Crime and Corruption Act 2001 ; or\nanother proceeding of the CCC in which a police officer is being examined; or\na commission of inquiry under the Commissions of Inquiry Act 1950 ; or\nan examination under the Australian Crime Commission (Queensland) Act 2003 , part 3 .\nFor provisions about the protection of surveillance device technologies and methods under chapter 13 , see section 355 .\ns 803 (prev s 366) renum 2000 No. 22 s 26\namd 2001 No. 69 s 378 sch 1 ; 2002 No. 35 s 13 sch ; 2003 No. 83 s 68 sch 1 ; 2005 No. 45 s 27 ; 2014 No. 21 s 94 (2) sch 2 ; 2021 No. 24 s 41\n(sec.803-ssec.1) In a proceeding, a police officer or staff member can not be required to disclose information mentioned in subsection (2) , unless the court is satisfied disclosure of the information is necessary— for the fair trial of the defendant; or to find out whether the scope of a law enforcement investigation has exceeded the limits imposed by law; or in the public interest.\n(sec.803-ssec.2) The information is information that could, if disclosed, reasonably be expected— to prejudice the investigation of a contravention or possible contravention of the law; or to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or to endanger a person’s life or physical safety; or to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or to facilitate a person’s escape from lawful custody.\n(sec.803-ssec.3) Subsection (1) does not affect a provision of another Act under which a police officer can not be compelled to disclose information or make statements in relation to the information. Drugs Misuse Act 1986 , section 120\n(sec.803-ssec.4) In this section— police officer includes a police officer of another State or the Australian Federal Police. proceeding does not include— a hearing under the Crime and Corruption Act 2001 ; or another proceeding of the CCC in which a police officer is being examined; or a commission of inquiry under the Commissions of Inquiry Act 1950 ; or an examination under the Australian Crime Commission (Queensland) Act 2003 , part 3 . For provisions about the protection of surveillance device technologies and methods under chapter 13 , see section 355 .\n- (a) for the fair trial of the defendant; or\n- (b) to find out whether the scope of a law enforcement investigation has exceeded the limits imposed by law; or\n- (c) in the public interest.\n- (a) to prejudice the investigation of a contravention or possible contravention of the law; or\n- (b) to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (c) to endanger a person’s life or physical safety; or\n- (d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (f) to facilitate a person’s escape from lawful custody.\n- (a) a hearing under the Crime and Corruption Act 2001 ; or\n- (b) another proceeding of the CCC in which a police officer is being examined; or\n- (c) a commission of inquiry under the Commissions of Inquiry Act 1950 ; or\n- (d) an examination under the Australian Crime Commission (Queensland) Act 2003 , part 3 .","sortOrder":1470},{"sectionNumber":"sec.804","sectionType":"section","heading":"Compensation","content":"### sec.804 Compensation\n\nThis section applies if a person suffers loss because—\na police officer exercises powers under this Act; or\na protective services officer exercises powers under chapter 19 , part 1 ; or\nan assistant exercises powers under this Act in accordance with a request of a police officer or protective services officer given under section 612 .\nCompensation is payable by the State to the person whose property is damaged.\nHowever, compensation is not payable to a person if the person is found guilty of the commission of an indictable offence because of the exercise of the powers.\nAlso, compensation is not payable for the lawful seizure of a thing under this Act.\nThe Minister is to decide the amount of the compensation.\nA person who is dissatisfied with the Minister’s decision under subsection (5) may apply to a court, within 28 days, for compensation under this section.\nIf the person applies under subsection (6) , the court may decide the amount of the compensation.\nThe Minister may delegate the Minister’s powers under this section to the commissioner.\ns 804 (prev s 367) renum 2000 No. 22 s 26\namd 2006 No. 26 s 83 ; 2022 No. 9 s 23; 2024 No. 45 s 86\n(sec.804-ssec.1) This section applies if a person suffers loss because— a police officer exercises powers under this Act; or a protective services officer exercises powers under chapter 19 , part 1 ; or an assistant exercises powers under this Act in accordance with a request of a police officer or protective services officer given under section 612 .\n(sec.804-ssec.2) Compensation is payable by the State to the person whose property is damaged.\n(sec.804-ssec.3) However, compensation is not payable to a person if the person is found guilty of the commission of an indictable offence because of the exercise of the powers.\n(sec.804-ssec.4) Also, compensation is not payable for the lawful seizure of a thing under this Act.\n(sec.804-ssec.5) The Minister is to decide the amount of the compensation.\n(sec.804-ssec.6) A person who is dissatisfied with the Minister’s decision under subsection (5) may apply to a court, within 28 days, for compensation under this section.\n(sec.804-ssec.7) If the person applies under subsection (6) , the court may decide the amount of the compensation.\n(sec.804-ssec.8) The Minister may delegate the Minister’s powers under this section to the commissioner.\n- (a) a police officer exercises powers under this Act; or\n- (b) a protective services officer exercises powers under chapter 19 , part 1 ; or\n- (c) an assistant exercises powers under this Act in accordance with a request of a police officer or protective services officer given under section 612 .","sortOrder":1471},{"sectionNumber":"sec.805","sectionType":"section","heading":null,"content":"### Section sec.805\n\ns 805 (prev s 368) renum 2000 No. 22 s 26\nom 2014 No. 1 s 41","sortOrder":1472},{"sectionNumber":"sec.806","sectionType":"section","heading":"Approved forms","content":"### sec.806 Approved forms\n\nThe commissioner may approve forms for use under this Act.\ns 806 (prev s 369) renum 2000 No. 22 s 26","sortOrder":1473},{"sectionNumber":"sec.807","sectionType":"section","heading":"Review of Act","content":"### sec.807 Review of Act\n\nThe Minister must ensure the operation of this Act is regularly reviewed.\nThe first review must start no sooner than 6 months after the commencement of this section and be completed within 3 years.\ns 807 (prev s 370) renum 2000 No. 22 s 26\n(sec.807-ssec.1) The Minister must ensure the operation of this Act is regularly reviewed.\n(sec.807-ssec.2) The first review must start no sooner than 6 months after the commencement of this section and be completed within 3 years.","sortOrder":1474},{"sectionNumber":"sec.808","sectionType":"section","heading":null,"content":"### Section sec.808\n\ns 808 ins 2005 No. 64 s 25\namd 2014 No. 21 s 94 (2) sch 2\nsub 2017 No. 19 s 4A\nexp 22 April 2019 (see s 808(4))","sortOrder":1475},{"sectionNumber":"sec.808A","sectionType":"section","heading":"Annual report about use of device production and inspection powers","content":"### sec.808A Annual report about use of device production and inspection powers\n\nAs soon as practicable after the end of each financial year, but no later than 30 September, the commissioner must prepare and give to the Minister a report about the use by police officers of powers under section 21B during the financial year.\nThe report must include—\nfor each reportable offender in relation to whom an inspection was carried out—the number of inspections carried out for the reportable offender; and\nfor each inspection—\nwhether it was carried out in the circumstances mentioned in section 21B (1) (a) , (b) or (c) ; and\nthe date and time it was carried out; and\nthe action taken in relation to the reportable offender as a result of the inspection.\nFor subsection (2) (a) , each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.\nThe report must not include any information identifying, or that is likely to lead to the identification of, a reportable offender.\nWithin 14 sitting days after receiving the report, the Minister must table a copy of the report in the Legislative Assembly.\ns 808A ins 2017 No. 14 s 46\namd 2020 No. 7 s 47 ; 2023 No. 21 s 51 ; 2024 No. 45 s 134 sch 1\n(sec.808A-ssec.1) As soon as practicable after the end of each financial year, but no later than 30 September, the commissioner must prepare and give to the Minister a report about the use by police officers of powers under section 21B during the financial year.\n(sec.808A-ssec.2) The report must include— for each reportable offender in relation to whom an inspection was carried out—the number of inspections carried out for the reportable offender; and for each inspection— whether it was carried out in the circumstances mentioned in section 21B (1) (a) , (b) or (c) ; and the date and time it was carried out; and the action taken in relation to the reportable offender as a result of the inspection.\n(sec.808A-ssec.3) For subsection (2) (a) , each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.\n(sec.808A-ssec.4) The report must not include any information identifying, or that is likely to lead to the identification of, a reportable offender.\n(sec.808A-ssec.5) Within 14 sitting days after receiving the report, the Minister must table a copy of the report in the Legislative Assembly.\n- (a) for each reportable offender in relation to whom an inspection was carried out—the number of inspections carried out for the reportable offender; and\n- (b) for each inspection— (i) whether it was carried out in the circumstances mentioned in section 21B (1) (a) , (b) or (c) ; and (ii) the date and time it was carried out; and (iii) the action taken in relation to the reportable offender as a result of the inspection.\n- (i) whether it was carried out in the circumstances mentioned in section 21B (1) (a) , (b) or (c) ; and\n- (ii) the date and time it was carried out; and\n- (iii) the action taken in relation to the reportable offender as a result of the inspection.\n- (i) whether it was carried out in the circumstances mentioned in section 21B (1) (a) , (b) or (c) ; and\n- (ii) the date and time it was carried out; and\n- (iii) the action taken in relation to the reportable offender as a result of the inspection.","sortOrder":1476},{"sectionNumber":"sec.808B","sectionType":"section","heading":"Annual report about dangerous attachment devices","content":"### sec.808B Annual report about dangerous attachment devices\n\nAs soon as practicable after the end of each financial year, but no later than 30 September, the commissioner must prepare and give to the Minister a report about the use by police officers of particular powers relating to dangerous attachment devices.\nThe report must include the following information for the financial year to which it relates—\nwhen and where a person was searched under section 29 in the circumstances mentioned in section 30 (1) (k) ;\nwhen and where a vehicle was searched under section 31 in the circumstances mentioned in section 32 (1) (p) ;\nif any thing was seized in a search mentioned in paragraph (a) or (b) —\nwhen and where the thing was seized; and\na description of the thing; and\nwhether the thing was returned, disposed of or destroyed.\nThe report must not include any information identifying, or that is likely to lead to the identification of, a person who was the subject of an exercise of a power mentioned in subsection (2) .\nWithin 14 sitting days after receiving the report, the Minister must table a copy of the report in the Legislative Assembly.\ns 808B ins 2019 No. 35 s 6A\namd 2024 No. 45 s 134 sch 1\n(sec.808B-ssec.1) As soon as practicable after the end of each financial year, but no later than 30 September, the commissioner must prepare and give to the Minister a report about the use by police officers of particular powers relating to dangerous attachment devices.\n(sec.808B-ssec.2) The report must include the following information for the financial year to which it relates— when and where a person was searched under section 29 in the circumstances mentioned in section 30 (1) (k) ; when and where a vehicle was searched under section 31 in the circumstances mentioned in section 32 (1) (p) ; if any thing was seized in a search mentioned in paragraph (a) or (b) — when and where the thing was seized; and a description of the thing; and whether the thing was returned, disposed of or destroyed.\n(sec.808B-ssec.3) The report must not include any information identifying, or that is likely to lead to the identification of, a person who was the subject of an exercise of a power mentioned in subsection (2) .\n(sec.808B-ssec.4) Within 14 sitting days after receiving the report, the Minister must table a copy of the report in the Legislative Assembly.\n- (a) when and where a person was searched under section 29 in the circumstances mentioned in section 30 (1) (k) ;\n- (b) when and where a vehicle was searched under section 31 in the circumstances mentioned in section 32 (1) (p) ;\n- (c) if any thing was seized in a search mentioned in paragraph (a) or (b) — (i) when and where the thing was seized; and (ii) a description of the thing; and (iii) whether the thing was returned, disposed of or destroyed.\n- (i) when and where the thing was seized; and\n- (ii) a description of the thing; and\n- (iii) whether the thing was returned, disposed of or destroyed.\n- (i) when and where the thing was seized; and\n- (ii) a description of the thing; and\n- (iii) whether the thing was returned, disposed of or destroyed.","sortOrder":1477},{"sectionNumber":"sec.808C","sectionType":"section","heading":"Annual report to include information about hand held scanners","content":"### sec.808C Annual report to include information about hand held scanners\n\nThe commissioner must ensure the police service’s annual report for a financial year, prepared under the Financial Accountability Act 2009 , includes the following information—\nthe number of hand held scanner authorities issued during the financial year;\ninformation about—\nthe number of people who were required to submit to the use of hand held scanners under section 39BA or 39E; and\nthe number of knives or other weapons that were detected using hand held scanners under section 39BA or 39E; and\nthe number of times a power to search a person without a warrant was exercised under chapter 2 , part 2 , division 2 as a result of the use of hand held scanners under section 39BA or 39E; and\nthe number and type of charges made against persons as a result of the use of hand held scanners under section 39BA or 39E.\nThe information included in the annual report under subsection (1) must not include any information that identifies, or is likely to lead to the identification of, an individual.\ns 808C ins 2023 No. 4 s 5\namd 2024 No. 45 s 37 ; 2025 No. 11 s 18\n(sec.808C-ssec.1) The commissioner must ensure the police service’s annual report for a financial year, prepared under the Financial Accountability Act 2009 , includes the following information— the number of hand held scanner authorities issued during the financial year; information about— the number of people who were required to submit to the use of hand held scanners under section 39BA or 39E; and the number of knives or other weapons that were detected using hand held scanners under section 39BA or 39E; and the number of times a power to search a person without a warrant was exercised under chapter 2 , part 2 , division 2 as a result of the use of hand held scanners under section 39BA or 39E; and the number and type of charges made against persons as a result of the use of hand held scanners under section 39BA or 39E.\n(sec.808C-ssec.2) The information included in the annual report under subsection (1) must not include any information that identifies, or is likely to lead to the identification of, an individual.\n- (a) the number of hand held scanner authorities issued during the financial year;\n- (b) information about— (i) the number of people who were required to submit to the use of hand held scanners under section 39BA or 39E; and (ii) the number of knives or other weapons that were detected using hand held scanners under section 39BA or 39E; and (iii) the number of times a power to search a person without a warrant was exercised under chapter 2 , part 2 , division 2 as a result of the use of hand held scanners under section 39BA or 39E; and (iv) the number and type of charges made against persons as a result of the use of hand held scanners under section 39BA or 39E.\n- (i) the number of people who were required to submit to the use of hand held scanners under section 39BA or 39E; and\n- (ii) the number of knives or other weapons that were detected using hand held scanners under section 39BA or 39E; and\n- (iii) the number of times a power to search a person without a warrant was exercised under chapter 2 , part 2 , division 2 as a result of the use of hand held scanners under section 39BA or 39E; and\n- (iv) the number and type of charges made against persons as a result of the use of hand held scanners under section 39BA or 39E.\n- (i) the number of people who were required to submit to the use of hand held scanners under section 39BA or 39E; and\n- (ii) the number of knives or other weapons that were detected using hand held scanners under section 39BA or 39E; and\n- (iii) the number of times a power to search a person without a warrant was exercised under chapter 2 , part 2 , division 2 as a result of the use of hand held scanners under section 39BA or 39E; and\n- (iv) the number and type of charges made against persons as a result of the use of hand held scanners under section 39BA or 39E.","sortOrder":1478},{"sectionNumber":"sec.809","sectionType":"section","heading":"Regulation-making power","content":"### sec.809 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may make provision about—\nthe responsibilities of the following persons under this Act—\npolice officers;\nprotective services officers and protective services officers (in training);\nsupport persons;\nother persons involved in the administration of this Act; or\nthe way a police officer may give directions under chapter 3 , 4 , 5 or 6 ; or\nnotice requirements for impounding or immobilising motor vehicles under chapter 4 .\nA regulation made for subsection (2) may include operational guidelines for police officers.\nHowever, operational guidelines are not part of the regulation.\ns 809 (prev s 371) renum 2000 No. 22 s 26\namd 2002 No. 39 s 181 ; 2005 No. 64 s 26 ; 2013 No. 45 s 65 ; 2013 No. 15 s 77 ; 2016 No. 62 s 493 s ch 1 pt 2 ; 2022 No. 9 s 24 ; 2024 No. 45 s 50\n(sec.809-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.809-ssec.2) Without limiting subsection (1) , a regulation may make provision about— the responsibilities of the following persons under this Act— police officers; protective services officers and protective services officers (in training); support persons; other persons involved in the administration of this Act; or the way a police officer may give directions under chapter 3 , 4 , 5 or 6 ; or notice requirements for impounding or immobilising motor vehicles under chapter 4 .\n(sec.809-ssec.3) A regulation made for subsection (2) may include operational guidelines for police officers.\n(sec.809-ssec.4) However, operational guidelines are not part of the regulation.\n- (a) the responsibilities of the following persons under this Act— (i) police officers; (ii) protective services officers and protective services officers (in training); (iii) support persons; (iv) other persons involved in the administration of this Act; or\n- (i) police officers;\n- (ii) protective services officers and protective services officers (in training);\n- (iii) support persons;\n- (iv) other persons involved in the administration of this Act; or\n- (b) the way a police officer may give directions under chapter 3 , 4 , 5 or 6 ; or\n- (c) notice requirements for impounding or immobilising motor vehicles under chapter 4 .\n- (i) police officers;\n- (ii) protective services officers and protective services officers (in training);\n- (iii) support persons;\n- (iv) other persons involved in the administration of this Act; or","sortOrder":1479},{"sectionNumber":"sec.810","sectionType":"section","heading":"Renumbering of Act","content":"### sec.810 Renumbering of Act\n\nOn the commencement of this section, the provisions of this Act are amended by numbering and renumbering them in the same way as a reprint may be numbered and renumbered under the Reprints Act 1992 , section 43 .\nSubsection (1) applies to a provision of this Act enacted or otherwise affected (a relevant provision ) by a provision of an amending Act enacted but uncommenced when subsection (1) is commenced (the uncommenced provision ), with the following intent for the relevant provision—\nif the number of the relevant provision would have changed under subsection (1) had the uncommenced provision commenced—\na number is allocated to the relevant provision as if the uncommenced provision had commenced; and\nwhen the uncommenced provision commences, the number of the relevant provision is amended by omitting it and inserting the number allocated to it under subparagraph (i) ;\nif the relevant provision would have been omitted or relocated had the uncommenced provision commenced, its number remains the same as it was before the commencement of subsection (1) until the omission or relocation takes effect.\nThis section expires when the Cross-Border Law Enforcement Legislation Amendment Act 2005 expires or is repealed.\nIn this section—\namending Act means an Act that amends this Act.\ns 810 ins 2006 No. 26 s 84\namd 2023 No. 10 s 29\nexp when the Cross-Border Law Enforcement Legislation Amendment Act 2005 expires or is repealed (see s 810 (4) )\n(sec.810-ssec.1) On the commencement of this section, the provisions of this Act are amended by numbering and renumbering them in the same way as a reprint may be numbered and renumbered under the Reprints Act 1992 , section 43 .\n(sec.810-ssec.2) Subsection (1) applies to a provision of this Act enacted or otherwise affected (a relevant provision ) by a provision of an amending Act enacted but uncommenced when subsection (1) is commenced (the uncommenced provision ), with the following intent for the relevant provision— if the number of the relevant provision would have changed under subsection (1) had the uncommenced provision commenced— a number is allocated to the relevant provision as if the uncommenced provision had commenced; and when the uncommenced provision commences, the number of the relevant provision is amended by omitting it and inserting the number allocated to it under subparagraph (i) ; if the relevant provision would have been omitted or relocated had the uncommenced provision commenced, its number remains the same as it was before the commencement of subsection (1) until the omission or relocation takes effect.\n(sec.810-ssec.4) This section expires when the Cross-Border Law Enforcement Legislation Amendment Act 2005 expires or is repealed.\n(sec.810-ssec.5) In this section— amending Act means an Act that amends this Act.\n- (a) if the number of the relevant provision would have changed under subsection (1) had the uncommenced provision commenced— (i) a number is allocated to the relevant provision as if the uncommenced provision had commenced; and (ii) when the uncommenced provision commences, the number of the relevant provision is amended by omitting it and inserting the number allocated to it under subparagraph (i) ;\n- (i) a number is allocated to the relevant provision as if the uncommenced provision had commenced; and\n- (ii) when the uncommenced provision commences, the number of the relevant provision is amended by omitting it and inserting the number allocated to it under subparagraph (i) ;\n- (b) if the relevant provision would have been omitted or relocated had the uncommenced provision commenced, its number remains the same as it was before the commencement of subsection (1) until the omission or relocation takes effect.\n- (i) a number is allocated to the relevant provision as if the uncommenced provision had commenced; and\n- (ii) when the uncommenced provision commences, the number of the relevant provision is amended by omitting it and inserting the number allocated to it under subparagraph (i) ;","sortOrder":1480},{"sectionNumber":"ch.24-pt.1","sectionType":"part","heading":"Acts repealed","content":"# Acts repealed","sortOrder":1481},{"sectionNumber":"sec.811","sectionType":"section","heading":"Acts repealed","content":"### sec.811 Acts repealed\n\nEach of the following Acts is repealed—\nthe Criminal Investigation (Extraterritorial Offences) Act 1985 ;\nthe Police Powers and Responsibilities Act 1997 .\nThe Gaming Act 1850 (NSW) as it applies in Queensland ceases to have effect.\ns 811 (prev s 372) renum 2000 No. 22 s 26\n(sec.811-ssec.1) Each of the following Acts is repealed— the Criminal Investigation (Extraterritorial Offences) Act 1985 ; the Police Powers and Responsibilities Act 1997 .\n(sec.811-ssec.2) The Gaming Act 1850 (NSW) as it applies in Queensland ceases to have effect.\n- (a) the Criminal Investigation (Extraterritorial Offences) Act 1985 ;\n- (b) the Police Powers and Responsibilities Act 1997 .","sortOrder":1482},{"sectionNumber":"ch.24-pt.2","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities Act 2000","content":"# Transitional provisions for Police Powers and Responsibilities Act 2000","sortOrder":1483},{"sectionNumber":"ch.24-pt.2-div.1","sectionType":"division","heading":"Transitional provisions commencing at a later date","content":"## Transitional provisions commencing at a later date","sortOrder":1484},{"sectionNumber":"sec.812","sectionType":"section","heading":"Definitions for div 1","content":"### sec.812 Definitions for div 1\n\nIn this part—\namended Act means an Act amended by this Act.\nrepealed Act means the following—\nan Act repealed by this Act;\nthe Gaming Act 1850 (NSW) .\ns 812 (prev s 378) renum 2000 No. 22 s 26\n- (a) an Act repealed by this Act;\n- (b) the Gaming Act 1850 (NSW) .","sortOrder":1485},{"sectionNumber":"sec.813","sectionType":"section","heading":"Transitional provision about warrants, orders and notices","content":"### sec.813 Transitional provision about warrants, orders and notices\n\nThis section applies if a warrant, notice or order under a provision of an amended Act or under a repealed Act is in force immediately before the amendment or repeal of the relevant Act.\nThe warrant, notice or order continues to have effect until it ends according to its terms.\nThis Act applies to anything done under the warrant, notice or order after the commencement of this section, with necessary changes.\ns 813 (prev s 380) renum 2000 No. 22 s 26\n(sec.813-ssec.1) This section applies if a warrant, notice or order under a provision of an amended Act or under a repealed Act is in force immediately before the amendment or repeal of the relevant Act.\n(sec.813-ssec.2) The warrant, notice or order continues to have effect until it ends according to its terms.\n(sec.813-ssec.3) This Act applies to anything done under the warrant, notice or order after the commencement of this section, with necessary changes.","sortOrder":1486},{"sectionNumber":"sec.814","sectionType":"section","heading":"Transitional provision about noise abatement","content":"### sec.814 Transitional provision about noise abatement\n\nA complaint made under the Environmental Protection Act 1994 , section 149 that is not investigated before the commencement of this section or that is being investigated on the commencement of this section is taken to be a complaint made under section 577 of this Act.\nA noise abatement direction made under the Environmental Protection Act 1994 , section 150 before the commencement of this section may be enforced after the commencement of this section as if it were a noise abatement direction under this Act.\ns 814 (prev s 381) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 26\n(sec.814-ssec.1) A complaint made under the Environmental Protection Act 1994 , section 149 that is not investigated before the commencement of this section or that is being investigated on the commencement of this section is taken to be a complaint made under section 577 of this Act.\n(sec.814-ssec.2) A noise abatement direction made under the Environmental Protection Act 1994 , section 150 before the commencement of this section may be enforced after the commencement of this section as if it were a noise abatement direction under this Act.","sortOrder":1487},{"sectionNumber":"sec.815","sectionType":"section","heading":"Transitional provision about nuisance in moveable dwelling parks","content":"### sec.815 Transitional provision about nuisance in moveable dwelling parks\n\nThis section applies if a police officer gives a person an initial nuisance direction under the Residential Tenancies Act 1994 before the commencement of this section.\nFor section 595 of this Act, the direction is taken to be an initial nuisance direction given under this Act.\ns 815 (prev s 382) amd 2000 No. 22 s 3 sch\nrenum 2000 No. 22 s 26\n(sec.815-ssec.1) This section applies if a police officer gives a person an initial nuisance direction under the Residential Tenancies Act 1994 before the commencement of this section.\n(sec.815-ssec.2) For section 595 of this Act, the direction is taken to be an initial nuisance direction given under this Act.","sortOrder":1488},{"sectionNumber":"sec.816","sectionType":"section","heading":"Transitional provisions about registers of covert and enforcement acts","content":"### sec.816 Transitional provisions about registers of covert and enforcement acts\n\nA register of covert acts kept under the repealed Act is taken to be a register of covert acts for this Act.\nA register of enforcement acts kept under the repealed Act is taken to be a register of enforcement acts for this Act.\nThis section applies to a register kept under the repealed Act by the commissioner, the CJC or QCC.\ns 816 (prev s 383) renum 2000 No. 22 s 26\n(sec.816-ssec.1) A register of covert acts kept under the repealed Act is taken to be a register of covert acts for this Act.\n(sec.816-ssec.2) A register of enforcement acts kept under the repealed Act is taken to be a register of enforcement acts for this Act.\n(sec.816-ssec.3) This section applies to a register kept under the repealed Act by the commissioner, the CJC or QCC.","sortOrder":1489},{"sectionNumber":"sec.817","sectionType":"section","heading":"Transitional provision about entries in registers","content":"### sec.817 Transitional provision about entries in registers\n\nA failure, before the commencement of this section, to keep or record information in the way required by this Act before the commencement does not and never did affect anything done in relation to the act concerned before or after the failure.\ns 817 (prev s 384) renum 2000 No. 22 s 26","sortOrder":1490},{"sectionNumber":"sec.818","sectionType":"section","heading":"Transitional provision about public interest monitor","content":"### sec.818 Transitional provision about public interest monitor\n\nThis section applies to a person who, immediately before the commencement of this section—\nheld office under the old Act as—\nthe public interest monitor; or\na deputy public interest monitor; or\nwas appointed under section 79A of the old Act to act as—\nthe public interest monitor; or\na deputy public interest monitor.\nOn the commencement of this section—\nthe public interest monitor under the old Act is taken to have been appointed as the public interest monitor under this Act on the conditions, and for the balance of the term of the appointment, decided under the old Act; and\na deputy public interest monitor under the old Act is taken to have been appointed as a deputy public interest monitor under this Act on the conditions, and for the balance of the term of the appointment, decided under the old Act; and\na person appointed to act as the public interest monitor or a deputy public interest monitor is taken to have been appointed to act as the public interest monitor or a deputy public monitor under this Act on the conditions decided under the old Act.\nIn this section—\nold Act means the Police Powers and Responsibilities Act 1997 .\ns 818 (prev s 385) renum 2000 No. 22 s 26\n(sec.818-ssec.1) This section applies to a person who, immediately before the commencement of this section— held office under the old Act as— the public interest monitor; or a deputy public interest monitor; or was appointed under section 79A of the old Act to act as— the public interest monitor; or a deputy public interest monitor.\n(sec.818-ssec.2) On the commencement of this section— the public interest monitor under the old Act is taken to have been appointed as the public interest monitor under this Act on the conditions, and for the balance of the term of the appointment, decided under the old Act; and a deputy public interest monitor under the old Act is taken to have been appointed as a deputy public interest monitor under this Act on the conditions, and for the balance of the term of the appointment, decided under the old Act; and a person appointed to act as the public interest monitor or a deputy public interest monitor is taken to have been appointed to act as the public interest monitor or a deputy public monitor under this Act on the conditions decided under the old Act.\n(sec.818-ssec.3) In this section— old Act means the Police Powers and Responsibilities Act 1997 .\n- (a) held office under the old Act as— (i) the public interest monitor; or (ii) a deputy public interest monitor; or\n- (i) the public interest monitor; or\n- (ii) a deputy public interest monitor; or\n- (b) was appointed under section 79A of the old Act to act as— (i) the public interest monitor; or (ii) a deputy public interest monitor.\n- (i) the public interest monitor; or\n- (ii) a deputy public interest monitor.\n- (i) the public interest monitor; or\n- (ii) a deputy public interest monitor; or\n- (i) the public interest monitor; or\n- (ii) a deputy public interest monitor.\n- (a) the public interest monitor under the old Act is taken to have been appointed as the public interest monitor under this Act on the conditions, and for the balance of the term of the appointment, decided under the old Act; and\n- (b) a deputy public interest monitor under the old Act is taken to have been appointed as a deputy public interest monitor under this Act on the conditions, and for the balance of the term of the appointment, decided under the old Act; and\n- (c) a person appointed to act as the public interest monitor or a deputy public interest monitor is taken to have been appointed to act as the public interest monitor or a deputy public monitor under this Act on the conditions decided under the old Act.","sortOrder":1491},{"sectionNumber":"ch.24-pt.3","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities (Forensic Procedures) Amendment Act 2003","content":"# Transitional provisions for Police Powers and Responsibilities (Forensic Procedures) Amendment Act 2003","sortOrder":1492},{"sectionNumber":"sec.819","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.819 Definitions for pt 3\n\nIn this part—\namending Act means the Police Powers and Responsibilities (Forensic Procedures) Amendment Act 2003 .\ncommencement means the commencement of the provision in which the term is used.\npre-amended Act means this Act or a provision of this Act as in force before its amendment by the amending Act and includes another provision relevant to the provision.\ns 819 ins 2003 No. 49 s 24","sortOrder":1493},{"sectionNumber":"sec.820","sectionType":"section","heading":"Identifying particulars","content":"### sec.820 Identifying particulars\n\nSomething—\nstarted under the pre-amended Act, chapter 8, part 2, and not finished before the commencement may be continued under chapter 17, part 4, of this Act; or\ndone under the pre-amended Act, chapter 8, part 2, has effect as if it was done under chapter 17, part 4, of this Act.\nWithout limiting subsection (1)—\nan identifying particulars notice given to a person under the pre-amended Act, section 272 has effect as an identifying particulars notice properly given under chapter 17, part 4 of this Act; and\na court order made under the pre-amended Act, section 273, has effect as a court order made under section 471 of this Act.\ns 820 ins 2003 No. 49 s 24\n(sec.820-ssec.1) Something— started under the pre-amended Act, chapter 8, part 2, and not finished before the commencement may be continued under chapter 17, part 4, of this Act; or done under the pre-amended Act, chapter 8, part 2, has effect as if it was done under chapter 17, part 4, of this Act.\n(sec.820-ssec.2) Without limiting subsection (1)— an identifying particulars notice given to a person under the pre-amended Act, section 272 has effect as an identifying particulars notice properly given under chapter 17, part 4 of this Act; and a court order made under the pre-amended Act, section 273, has effect as a court order made under section 471 of this Act.\n- (a) started under the pre-amended Act, chapter 8, part 2, and not finished before the commencement may be continued under chapter 17, part 4, of this Act; or\n- (b) done under the pre-amended Act, chapter 8, part 2, has effect as if it was done under chapter 17, part 4, of this Act.\n- (a) an identifying particulars notice given to a person under the pre-amended Act, section 272 has effect as an identifying particulars notice properly given under chapter 17, part 4 of this Act; and\n- (b) a court order made under the pre-amended Act, section 273, has effect as a court order made under section 471 of this Act.","sortOrder":1494},{"sectionNumber":"sec.821","sectionType":"section","heading":"Medical and dental procedures","content":"### sec.821 Medical and dental procedures\n\nThis section applies if, immediately before the commencement, there is in force—\na consent to the performance of a medical or dental procedure given under the pre-amended Act, section 285; or\nan order of a magistrate authorising the performance of a medical or dental procedure made under the pre-amended Act, section 290.\nThe pre-amended Act, chapter 8, part 3, continues to apply for performing the medical or dental procedure as if the amending Act had not been enacted.\nAnything obtained under the consent or order may be dealt with or used as if it were obtained under a forensic procedure consent or forensic procedure order.\ns 821 ins 2003 No. 49 s 24\n(sec.821-ssec.1) This section applies if, immediately before the commencement, there is in force— a consent to the performance of a medical or dental procedure given under the pre-amended Act, section 285; or an order of a magistrate authorising the performance of a medical or dental procedure made under the pre-amended Act, section 290.\n(sec.821-ssec.2) The pre-amended Act, chapter 8, part 3, continues to apply for performing the medical or dental procedure as if the amending Act had not been enacted.\n(sec.821-ssec.3) Anything obtained under the consent or order may be dealt with or used as if it were obtained under a forensic procedure consent or forensic procedure order.\n- (a) a consent to the performance of a medical or dental procedure given under the pre-amended Act, section 285; or\n- (b) an order of a magistrate authorising the performance of a medical or dental procedure made under the pre-amended Act, section 290.","sortOrder":1495},{"sectionNumber":"sec.822","sectionType":"section","heading":"DNA procedures","content":"### sec.822 DNA procedures\n\nSubsection (2) applies if, immediately before the commencement, there is in force—\na consent to the taking of a DNA sample given under the pre-amended Act, chapter 8, part 4, division 3; or\nan approval of a commissioned officer given under the pre-amended Act, section 307 for the detention of a person for the time reasonably necessary to take a DNA sample from the person; or\na DNA sample notice under the pre-amended Act, section 308; or\nan order of a court made under the pre-amended Act, section 309(2)(b), 310(2)(b) or 312.\nThe pre-amended Act, chapter 8, part 4, continues to apply in relation to the consent, approval, notice or order as if the amending Act had not been enacted.\nAn application made to the Childrens Court under the pre-amended Act, section 312 that has not been decided by the court before the commencement has effect and may be dealt with as an application made to the court under section 488 of this Act.\ns 822 ins 2003 No. 49 s 24\n(sec.822-ssec.1) Subsection (2) applies if, immediately before the commencement, there is in force— a consent to the taking of a DNA sample given under the pre-amended Act, chapter 8, part 4, division 3; or an approval of a commissioned officer given under the pre-amended Act, section 307 for the detention of a person for the time reasonably necessary to take a DNA sample from the person; or a DNA sample notice under the pre-amended Act, section 308; or an order of a court made under the pre-amended Act, section 309(2)(b), 310(2)(b) or 312.\n(sec.822-ssec.2) The pre-amended Act, chapter 8, part 4, continues to apply in relation to the consent, approval, notice or order as if the amending Act had not been enacted.\n(sec.822-ssec.3) An application made to the Childrens Court under the pre-amended Act, section 312 that has not been decided by the court before the commencement has effect and may be dealt with as an application made to the court under section 488 of this Act.\n- (a) a consent to the taking of a DNA sample given under the pre-amended Act, chapter 8, part 4, division 3; or\n- (b) an approval of a commissioned officer given under the pre-amended Act, section 307 for the detention of a person for the time reasonably necessary to take a DNA sample from the person; or\n- (c) a DNA sample notice under the pre-amended Act, section 308; or\n- (d) an order of a court made under the pre-amended Act, section 309(2)(b), 310(2)(b) or 312.","sortOrder":1496},{"sectionNumber":"sec.823","sectionType":"section","heading":"Police officers authorised to take DNA samples","content":"### sec.823 Police officers authorised to take DNA samples\n\nA police officer who, immediately before the commencement, is a police officer authorised under the pre-amended Act, section 297(3), by the commissioner to take DNA samples is taken to be authorised by the commissioner under section 476 of this Act.\ns 823 ins 2003 No. 49 s 24","sortOrder":1497},{"sectionNumber":"sec.824","sectionType":"section","heading":"Taking of certain DNA samples","content":"### sec.824 Taking of certain DNA samples\n\nThis section applies in relation to the pre-amended Act, sections 310, 311 and 316.\nDespite the omission of the sections by the amending Act—\nthe declarations in the pre-amended Act, sections 310(4), 311(4) and 316(5) continue to have effect in relation to the offences to which they applied immediately before the commencement; and\na DNA sample taken as mentioned in the pre-amended Act, section 310(5) or 311(5) continues not to have been unlawfully taken merely because the indictable offence of which the person from whom it was taken was found guilty was dealt with summarily.\ns 824 ins 2003 No. 49 s 24\n(sec.824-ssec.1) This section applies in relation to the pre-amended Act, sections 310, 311 and 316.\n(sec.824-ssec.2) Despite the omission of the sections by the amending Act— the declarations in the pre-amended Act, sections 310(4), 311(4) and 316(5) continue to have effect in relation to the offences to which they applied immediately before the commencement; and a DNA sample taken as mentioned in the pre-amended Act, section 310(5) or 311(5) continues not to have been unlawfully taken merely because the indictable offence of which the person from whom it was taken was found guilty was dealt with summarily.\n- (a) the declarations in the pre-amended Act, sections 310(4), 311(4) and 316(5) continue to have effect in relation to the offences to which they applied immediately before the commencement; and\n- (b) a DNA sample taken as mentioned in the pre-amended Act, section 310(5) or 311(5) continues not to have been unlawfully taken merely because the indictable offence of which the person from whom it was taken was found guilty was dealt with summarily.","sortOrder":1498},{"sectionNumber":"sec.825","sectionType":"section","heading":"QDNA","content":"### sec.825 QDNA\n\nA database approved by the commissioner under the pre-amended Act, section 317 ( section 317 database ) is taken to be approved under section 491 of this Act.\nAnything lawfully stored in a section 317 database immediately before the commencement may continue to be stored in QDNA or the CrimTrac database and may be used under this Act.\ns 825 ins 2003 No. 49 s 24\n(sec.825-ssec.1) A database approved by the commissioner under the pre-amended Act, section 317 ( section 317 database ) is taken to be approved under section 491 of this Act.\n(sec.825-ssec.2) Anything lawfully stored in a section 317 database immediately before the commencement may continue to be stored in QDNA or the CrimTrac database and may be used under this Act.","sortOrder":1499},{"sectionNumber":"sec.826","sectionType":"section","heading":"Certain arrangements made by Minister","content":"### sec.826 Certain arrangements made by Minister\n\nThis section applies if, before the commencement of section 533, the Minister lawfully made an arrangement with a declared agency or a responsible Minister of another jurisdiction relating to a matter mentioned in section 533(1) and the arrangement is of a type that could, after that commencement, be entered into under that section.\nAfter the commencement of section 533, the arrangement entered into is taken to have been entered into under that section.\nIn this section—\nresponsible Minister has the same meaning as it has in section 533.\ns 826 ins 2003 No. 49 s 24\namd 2005 No. 45 s 3 sch 1\n(sec.826-ssec.1) This section applies if, before the commencement of section 533, the Minister lawfully made an arrangement with a declared agency or a responsible Minister of another jurisdiction relating to a matter mentioned in section 533(1) and the arrangement is of a type that could, after that commencement, be entered into under that section.\n(sec.826-ssec.2) After the commencement of section 533, the arrangement entered into is taken to have been entered into under that section.\n(sec.826-ssec.3) In this section— responsible Minister has the same meaning as it has in section 533.","sortOrder":1500},{"sectionNumber":"sec.827","sectionType":"section","heading":"Provision for ch 11, pt 3","content":"### sec.827 Provision for ch 11, pt 3\n\nThis section applies to a sample or other thing to which the pre-amended Act, section 420(2)(b), (c) or (d) applied before the commencement.\nFrom the commencement—\nif the pre-amended Act, section 420(2)(b) or (c) applied, the sample or other thing is taken to have been taken or collected under chapter 17 of this Act; and\nif the pre-amended Act, section 420(2)(d) applied, the sample is taken to have been taken under chapter 18 of this Act.\ns 827 ins 2003 No. 49 s 24\n(sec.827-ssec.1) This section applies to a sample or other thing to which the pre-amended Act, section 420(2)(b), (c) or (d) applied before the commencement.\n(sec.827-ssec.2) From the commencement— if the pre-amended Act, section 420(2)(b) or (c) applied, the sample or other thing is taken to have been taken or collected under chapter 17 of this Act; and if the pre-amended Act, section 420(2)(d) applied, the sample is taken to have been taken under chapter 18 of this Act.\n- (a) if the pre-amended Act, section 420(2)(b) or (c) applied, the sample or other thing is taken to have been taken or collected under chapter 17 of this Act; and\n- (b) if the pre-amended Act, section 420(2)(d) applied, the sample is taken to have been taken under chapter 18 of this Act.","sortOrder":1501},{"sectionNumber":"ch.24-pt.4","sectionType":"part","heading":"Transitional provision for Summary Offences Act 2005","content":"# Transitional provision for Summary Offences Act 2005","sortOrder":1502},{"sectionNumber":"sec.828","sectionType":"section","heading":"Vagrants, Gaming and Other Offences Act 1931","content":"### sec.828 Vagrants, Gaming and Other Offences Act 1931\n\nDespite the repeal of the Vagrants, Gaming and Other Offences Act 1931 , an offence against that Act continues to be an identifying particulars offence for this Act.\ns 828 ins 2005 No. 4 s 30 sch 1","sortOrder":1503},{"sectionNumber":"ch.24-pt.5","sectionType":"part","heading":"Transitional provisions for Cross-Border Law Enforcement Legislation Amendment Act 2005","content":"# Transitional provisions for Cross-Border Law Enforcement Legislation Amendment Act 2005","sortOrder":1504},{"sectionNumber":"ch.24-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1505},{"sectionNumber":"sec.829","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.829 Definitions for pt 5\n\nIn this part—\namendment Act means the Cross-Border Law Enforcement Legislation Amendment Act 2005 .\ncommencement day means the day on which section 12 of the amendment Act commences.\nformer , of a provision mentioned in this part, means the provision mentioned is a provision of the pre-amended Act.\nnew , of a provision mentioned in this part, means the provision mentioned is a provision of the post-amended Act.\npost-amended Act means this Act as in force from the commencement day.\npre-amended Act means this Act as in force immediately before the commencement day.\ns 829 ins 2005 No. 45 s 28","sortOrder":1506},{"sectionNumber":"ch.24-pt.5-div.2","sectionType":"division","heading":"Controlled activities","content":"## Controlled activities","sortOrder":1507},{"sectionNumber":"sec.830","sectionType":"section","heading":"Transitional provision for controlled activities","content":"### sec.830 Transitional provision for controlled activities\n\nA controlled activity authorised under former section 190 but not completed before the commencement day continues in force as a controlled activity authorised under new section 224.\nNew sections 225, 226 and 227 apply in relation to a controlled activity continued in force under subsection (1).\ns 830 ins 2005 No. 45 s 28\n(sec.830-ssec.1) A controlled activity authorised under former section 190 but not completed before the commencement day continues in force as a controlled activity authorised under new section 224.\n(sec.830-ssec.2) New sections 225, 226 and 227 apply in relation to a controlled activity continued in force under subsection (1).","sortOrder":1508},{"sectionNumber":"ch.24-pt.5-div.3","sectionType":"division","heading":"Controlled operations","content":"## Controlled operations","sortOrder":1509},{"sectionNumber":"sec.831","sectionType":"section","heading":"Definitions for div 3","content":"### sec.831 Definitions for div 3\n\nIn this division—\nCMC officer means—\na commission officer; or\nan officer or employee of a declared agency engaged by the CMC for a particular controlled operation.\nexisting CMC approving officer means an approving officer for the CMC mentioned in former section 173(2)(b).\nexisting CMC civilian covert operative means a person other than a CMC officer or a police officer who is named in an existing CMC controlled operation approval or an existing CMC controlled operation urgent approval as a covert operative for the existing CMC controlled operation.\nexisting CMC controlled operation approval means an approval given by an existing CMC approving officer under former section 177 for a controlled operation in relation to a serious indictable offence or organised crime.\nexisting CMC controlled operation urgent approval means an approval given by an existing CMC approving officer under former section 175 or 176 for a controlled operation in relation to a serious indictable offence or organised crime.\nexisting CMC covert operative means a CMC officer or police officer named in an existing CMC controlled operation approval or an existing CMC controlled operation urgent approval as a covert operative for the existing CMC controlled operation.\nexisting police service approving officer means an approving officer for the police service mentioned in former section 173(2)(a).\nexisting police service civilian covert operative means a person who is not a police officer and is named in an existing police service controlled operation approval or an existing police service controlled operation urgent approval as a covert operative for the controlled operation to which the approval relates.\nexisting police service controlled operation approval means an approval for a controlled operation given under former section 177 by an existing police service approving officer.\nexisting police service controlled operation urgent approval means an approval for a controlled operation given under former section 176 by an existing police service approving officer.\nexisting police service covert operative means a police officer who is named in an existing police service controlled operation approval or an existing police service controlled operation urgent approval as a covert operative for the controlled operation to which the approval relates.\ns 831 ins 2005 No. 45 s 28\n- (a) a commission officer; or\n- (b) an officer or employee of a declared agency engaged by the CMC for a particular controlled operation.","sortOrder":1510},{"sectionNumber":"sec.832","sectionType":"section","heading":"Transitional provisions about committee membership","content":"### sec.832 Transitional provisions about committee membership\n\nA person who held office as a member of the committee under former section 167(2)(b), whether as the chief executive officer of an entity or as the chief executive officer’s nominee, continues to hold office as a member of the committee under new section 232(2)(b).\nThe independent member of the committee under former section 168 continues to be the independent member under new section 233 without further appointment.\nAn acting independent member of the committee under former section 169 continues to be an acting independent member under new section 234 without further appointment.\ns 832 ins 2005 No. 45 s 28\n(sec.832-ssec.1) A person who held office as a member of the committee under former section 167(2)(b), whether as the chief executive officer of an entity or as the chief executive officer’s nominee, continues to hold office as a member of the committee under new section 232(2)(b).\n(sec.832-ssec.2) The independent member of the committee under former section 168 continues to be the independent member under new section 233 without further appointment.\n(sec.832-ssec.3) An acting independent member of the committee under former section 169 continues to be an acting independent member under new section 234 without further appointment.","sortOrder":1511},{"sectionNumber":"sec.833","sectionType":"section","heading":"Transitional provisions about committee business","content":"### sec.833 Transitional provisions about committee business\n\nA matter referred to the committee by an approving officer under former chapter 5, part 2, division 3, but not decided before the commencement day, may continue to be considered by the committee under new chapter 11, part 2, division 2.\nIf, after the commencement day, the period of the first annual report required to be prepared under new section 269 includes any period before the commencement day, the annual report prepared under new section 269 must include the matter required to be included under that section in relation to the committee’s activities before the commencement day.\ns 833 ins 2005 No. 45 s 28\n(sec.833-ssec.1) A matter referred to the committee by an approving officer under former chapter 5, part 2, division 3, but not decided before the commencement day, may continue to be considered by the committee under new chapter 11, part 2, division 2.\n(sec.833-ssec.2) If, after the commencement day, the period of the first annual report required to be prepared under new section 269 includes any period before the commencement day, the annual report prepared under new section 269 must include the matter required to be included under that section in relation to the committee’s activities before the commencement day.","sortOrder":1512},{"sectionNumber":"sec.834","sectionType":"section","heading":"Transitional provisions for police service controlled operation approvals","content":"### sec.834 Transitional provisions for police service controlled operation approvals\n\nAn existing police service controlled operation approval that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were a formal authority given under new section 245.\nAn existing police service controlled operation urgent approval that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were an urgent authority given under new section 245.\ns 834 ins 2005 No. 45 s 28\n(sec.834-ssec.1) An existing police service controlled operation approval that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were a formal authority given under new section 245.\n(sec.834-ssec.2) An existing police service controlled operation urgent approval that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were an urgent authority given under new section 245.","sortOrder":1513},{"sectionNumber":"sec.835","sectionType":"section","heading":"Transitional provisions for CMC controlled operation approvals","content":"### sec.835 Transitional provisions for CMC controlled operation approvals\n\nAn existing CMC controlled operation approval that was in force immediately before the commencement day and relates to a serious indictable offence or suspected organised crime continues in force from that day in accordance with its terms as if it were a formal authority given under new section 245 in relation to a relevant offence that is major crime as defined under the Crime and Misconduct Act 2001 .\nAn existing CMC controlled operation urgent approval that was in force immediately before the commencement day and relates to a serious indictable offence or suspected organised crime continues in force from that day in accordance with its terms as if it were an urgent authority given under new section 245 in relation to a relevant offence that is major crime as defined under the Crime and Misconduct Act 2001 .\ns 835 ins 2005 No. 45 s 28\n(sec.835-ssec.1) An existing CMC controlled operation approval that was in force immediately before the commencement day and relates to a serious indictable offence or suspected organised crime continues in force from that day in accordance with its terms as if it were a formal authority given under new section 245 in relation to a relevant offence that is major crime as defined under the Crime and Misconduct Act 2001 .\n(sec.835-ssec.2) An existing CMC controlled operation urgent approval that was in force immediately before the commencement day and relates to a serious indictable offence or suspected organised crime continues in force from that day in accordance with its terms as if it were an urgent authority given under new section 245 in relation to a relevant offence that is major crime as defined under the Crime and Misconduct Act 2001 .","sortOrder":1514},{"sectionNumber":"sec.836","sectionType":"section","heading":"Transitional provision for pre-commencement day recommendations","content":"### sec.836 Transitional provision for pre-commencement day recommendations\n\nA recommendation made by the committee under former section 172 continues in force from the commencement day as if it were a recommendation made by the committee under new section 237.\ns 836 ins 2005 No. 45 s 28","sortOrder":1515},{"sectionNumber":"sec.837","sectionType":"section","heading":"Transitional provisions for police service covert operatives","content":"### sec.837 Transitional provisions for police service covert operatives\n\nAn existing police service civilian covert operative named in an existing police service controlled operation approval or an existing police service controlled operation urgent approval continued in force under section 834 as a formal authority or an urgent authority is taken, from the commencement day, to be a civilian participant.\nAn existing police service covert operative named in an existing police service controlled operation approval or an existing police service controlled operation urgent approval continued in force under section 834 as a formal authority or an urgent authority is taken, from the commencement day, to be an authorised participant.\ns 837 ins 2005 No. 45 s 28\n(sec.837-ssec.1) An existing police service civilian covert operative named in an existing police service controlled operation approval or an existing police service controlled operation urgent approval continued in force under section 834 as a formal authority or an urgent authority is taken, from the commencement day, to be a civilian participant.\n(sec.837-ssec.2) An existing police service covert operative named in an existing police service controlled operation approval or an existing police service controlled operation urgent approval continued in force under section 834 as a formal authority or an urgent authority is taken, from the commencement day, to be an authorised participant.","sortOrder":1516},{"sectionNumber":"sec.838","sectionType":"section","heading":"Transitional provisions for CMC covert operatives","content":"### sec.838 Transitional provisions for CMC covert operatives\n\nAn existing CMC civilian covert operative named in an existing CMC controlled operation approval or an existing CMC controlled operation urgent approval continued in force under section 835 as a formal authority or an urgent authority is taken, from the commencement day, to be a civilian participant.\nAn existing CMC covert operative named in an existing CMC controlled operation approval or an existing CMC controlled operation urgent approval continued in force under section 835 as a formal authority or an urgent authority is taken, from the commencement day, to be an authorised participant.\ns 838 ins 2005 No. 45 s 28\n(sec.838-ssec.1) An existing CMC civilian covert operative named in an existing CMC controlled operation approval or an existing CMC controlled operation urgent approval continued in force under section 835 as a formal authority or an urgent authority is taken, from the commencement day, to be a civilian participant.\n(sec.838-ssec.2) An existing CMC covert operative named in an existing CMC controlled operation approval or an existing CMC controlled operation urgent approval continued in force under section 835 as a formal authority or an urgent authority is taken, from the commencement day, to be an authorised participant.","sortOrder":1517},{"sectionNumber":"ch.24-pt.5-div.4","sectionType":"division","heading":"Assumed identities","content":"## Assumed identities","sortOrder":1518},{"sectionNumber":"sec.839","sectionType":"section","heading":"Authorities for identity documents that are birth certificates","content":"### sec.839 Authorities for identity documents that are birth certificates\n\nAn authority given under former section 186 or 187 to create a birth certificate to help conceal the identity of a covert operative for an existing CMC controlled operation or an existing police service controlled operation continues in force as a birth certificate approval given under new section 288.\nA birth certificate created in accordance with an authority continued in force under subsection (1) continues in force as if it were a birth certificate created under new section 290 and may continue to be used for the purpose for which it was created.\nIf, under new section 286, the chief executive officer cancels an authority mentioned in subsection (1), new section 291 applies to a birth certificate created under former section 186 or 187 in the same way as it applies to a birth certificate created under new section 290.\ns 839 ins 2005 No. 45 s 28\n(sec.839-ssec.1) An authority given under former section 186 or 187 to create a birth certificate to help conceal the identity of a covert operative for an existing CMC controlled operation or an existing police service controlled operation continues in force as a birth certificate approval given under new section 288.\n(sec.839-ssec.2) A birth certificate created in accordance with an authority continued in force under subsection (1) continues in force as if it were a birth certificate created under new section 290 and may continue to be used for the purpose for which it was created.\n(sec.839-ssec.3) If, under new section 286, the chief executive officer cancels an authority mentioned in subsection (1), new section 291 applies to a birth certificate created under former section 186 or 187 in the same way as it applies to a birth certificate created under new section 290.","sortOrder":1519},{"sectionNumber":"sec.840","sectionType":"section","heading":"Identity documents other than birth certificates","content":"### sec.840 Identity documents other than birth certificates\n\nAn identity document created in accordance with former section 189—\ncontinues in force as evidence of identity produced under a request under new section 294; and\nis taken to have been issued under an authority given under new section 283; and\nmay, if the purpose for which the identity document was created has not ended, continue to be used for the purpose.\nIf, under new section 286, the chief executive officer of the law enforcement agency for whom the identity document is produced cancels an authority mentioned in subsection (1)(b), the chief executive officer must direct the issuing agency to cancel the evidence of identity under new section 297.\nThis section applies to an identity document created for the CMC under former section 189 to the extent to which continued use of the document relates to a controlled operation under a controlled operation approval continued in force under section 835.\nIn this section—\nidentity document means a document, other than a birth certificate, created under former section 189.\ns 840 ins 2005 No. 45 s 28\n(sec.840-ssec.1) An identity document created in accordance with former section 189— continues in force as evidence of identity produced under a request under new section 294; and is taken to have been issued under an authority given under new section 283; and may, if the purpose for which the identity document was created has not ended, continue to be used for the purpose.\n(sec.840-ssec.2) If, under new section 286, the chief executive officer of the law enforcement agency for whom the identity document is produced cancels an authority mentioned in subsection (1)(b), the chief executive officer must direct the issuing agency to cancel the evidence of identity under new section 297.\n(sec.840-ssec.3) This section applies to an identity document created for the CMC under former section 189 to the extent to which continued use of the document relates to a controlled operation under a controlled operation approval continued in force under section 835.\n(sec.840-ssec.4) In this section— identity document means a document, other than a birth certificate, created under former section 189.\n- (a) continues in force as evidence of identity produced under a request under new section 294; and\n- (b) is taken to have been issued under an authority given under new section 283; and\n- (c) may, if the purpose for which the identity document was created has not ended, continue to be used for the purpose.","sortOrder":1520},{"sectionNumber":"ch.24-pt.5-div.5","sectionType":"division","heading":"Surveillance devices","content":"## Surveillance devices","sortOrder":1521},{"sectionNumber":"sec.841","sectionType":"section","heading":"Definitions for div 5","content":"### sec.841 Definitions for div 5\n\nIn this division—\nexisting CMC emergency authorisation means an authorisation given under the Crime and Misconduct Act 2001 , section 130 as in force immediately before the commencement day, in relation to major crime as defined under that Act.\nexisting CMC surveillance warrant means a warrant issued under the Crime and Misconduct Act 2001 , section 124 as in force immediately before the commencement day, in relation to major crime as defined under that Act.\nexisting police service emergency authorisation means an authorisation given under former section 132.\nexisting police service surveillance warrant means a warrant issued under former section 127.\ns 841 ins 2005 No. 45 s 28","sortOrder":1522},{"sectionNumber":"sec.842","sectionType":"section","heading":"Transitional provisions for existing police service surveillance devices","content":"### sec.842 Transitional provisions for existing police service surveillance devices\n\nAn existing police service surveillance warrant that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were a surveillance device warrant issued under new section 330 to a police officer under new chapter 13.\nAn existing police service emergency authorisation that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were an emergency authorisation given under new section 343 to a police officer or member of the police service performing duties under new chapter 13.\nNew sections 344 to 348 apply to an authorisation mentioned in subsection (2).\nA warrant or emergency authorisation may be issued or given under this Act as in force from the commencement day in relation to an offence that was committed before the commencement day.\ns 842 ins 2005 No. 45 s 28\n(sec.842-ssec.1) An existing police service surveillance warrant that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were a surveillance device warrant issued under new section 330 to a police officer under new chapter 13.\n(sec.842-ssec.2) An existing police service emergency authorisation that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were an emergency authorisation given under new section 343 to a police officer or member of the police service performing duties under new chapter 13.\n(sec.842-ssec.3) New sections 344 to 348 apply to an authorisation mentioned in subsection (2).\n(sec.842-ssec.4) A warrant or emergency authorisation may be issued or given under this Act as in force from the commencement day in relation to an offence that was committed before the commencement day.","sortOrder":1523},{"sectionNumber":"sec.843","sectionType":"section","heading":"Transitional provisions for protection of records","content":"### sec.843 Transitional provisions for protection of records\n\nNew section 355(1) and (2) apply to a relevant proceeding within the meaning of former section 145 in relation to an existing police service surveillance warrant or an existing police service emergency authorisation as if the proceeding were a proceeding under new chapter 13.\nNew section 356 applies to information in the custody of a court in relation to a relevant proceeding within the meaning of former section 145 as if the information were protected information.\ns 843 ins 2005 No. 45 s 28\n(sec.843-ssec.1) New section 355(1) and (2) apply to a relevant proceeding within the meaning of former section 145 in relation to an existing police service surveillance warrant or an existing police service emergency authorisation as if the proceeding were a proceeding under new chapter 13.\n(sec.843-ssec.2) New section 356 applies to information in the custody of a court in relation to a relevant proceeding within the meaning of former section 145 as if the information were protected information.","sortOrder":1524},{"sectionNumber":"sec.844","sectionType":"section","heading":"Transitional provision for use and disclosure of information obtained from using surveillance devices","content":"### sec.844 Transitional provision for use and disclosure of information obtained from using surveillance devices\n\nNew section 353 applies to information obtained before the commencement day from using a surveillance device under an existing police service surveillance warrant or an existing police service emergency authorisation that could have been disclosed under former section 146 as if the information were protected information under new chapter 13.\ns 844 ins 2005 No. 45 s 28","sortOrder":1525},{"sectionNumber":"sec.845","sectionType":"section","heading":"Transitional provisions for existing CMC surveillance devices","content":"### sec.845 Transitional provisions for existing CMC surveillance devices\n\nAn existing CMC surveillance warrant that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were a surveillance device warrant issued under new section 330 to an authorised commission officer.\nAn existing CMC emergency authorisation that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were an emergency authorisation given under new section 343 to an authorised commission officer.\nNew sections 344 to 348 apply to an authorisation mentioned in subsection (2).\nA warrant or emergency authorisation may be issued or given under this Act as in force from the commencement day in relation to a misconduct offence that was committed before the commencement day.\ns 845 ins 2005 No. 45 s 28\n(sec.845-ssec.1) An existing CMC surveillance warrant that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were a surveillance device warrant issued under new section 330 to an authorised commission officer.\n(sec.845-ssec.2) An existing CMC emergency authorisation that was in force immediately before the commencement day continues in force from that day in accordance with its terms as if it were an emergency authorisation given under new section 343 to an authorised commission officer.\n(sec.845-ssec.3) New sections 344 to 348 apply to an authorisation mentioned in subsection (2).\n(sec.845-ssec.4) A warrant or emergency authorisation may be issued or given under this Act as in force from the commencement day in relation to a misconduct offence that was committed before the commencement day.","sortOrder":1526},{"sectionNumber":"sec.846","sectionType":"section","heading":"Transitional provisions for protection of records","content":"### sec.846 Transitional provisions for protection of records\n\nNew section 355(1) and (2) apply to a relevant proceeding within the meaning of former section 145 in relation to an existing CMC surveillance device or an existing CMC emergency authorisation as if the proceeding were a proceeding under new chapter 13.\nNew section 356 applies to information in the custody of a court in relation to a relevant proceeding within the meaning of former section 145 as if the information were protected information.\ns 846 ins 2005 No. 45 s 28\n(sec.846-ssec.1) New section 355(1) and (2) apply to a relevant proceeding within the meaning of former section 145 in relation to an existing CMC surveillance device or an existing CMC emergency authorisation as if the proceeding were a proceeding under new chapter 13.\n(sec.846-ssec.2) New section 356 applies to information in the custody of a court in relation to a relevant proceeding within the meaning of former section 145 as if the information were protected information.","sortOrder":1527},{"sectionNumber":"sec.847","sectionType":"section","heading":"Transitional provisions for use and disclosure of information obtained from using surveillance devices","content":"### sec.847 Transitional provisions for use and disclosure of information obtained from using surveillance devices\n\nNew section 353 applies to information obtained from using a surveillance device under an existing CMC surveillance warrant or an existing CMC emergency authorisation that could have been disclosed under former section 146 as if the information were protected information under new chapter 13.\ns 847 ins 2005 No. 45 s 28","sortOrder":1528},{"sectionNumber":"ch.24-pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":1529},{"sectionNumber":"sec.848","sectionType":"section","heading":null,"content":"### Section sec.848\n\ns 848 ins 2005 No. 45 s 28\nexp 30 June 2007 (see s 848(5))","sortOrder":1530},{"sectionNumber":"ch.24-pt.6","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities (Motorbike Noise) Amendment Act 2005","content":"# Transitional provisions for Police Powers and Responsibilities (Motorbike Noise) Amendment Act 2005","sortOrder":1531},{"sectionNumber":"sec.849","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.849 Definitions for pt 6\n\nIn this part—\namendment Act means the Police Powers and Responsibilities (Motorbike Noise) Amendment Act 2005 .\ncommencement means the commencement of the amendment Act.\npost-amended Act means this Act as in force from the commencement.\npre-amended Act means this Act as in force immediately before the commencement.\ns 849 ins 2005 No. 64 s 27","sortOrder":1532},{"sectionNumber":"sec.850","sectionType":"section","heading":"Existing proceedings","content":"### sec.850 Existing proceedings\n\nAn application for an impounding order made, but not decided, before the commencement is taken to be an application for an impounding order made under the post-amended Act.\nAn application for a forfeiture order made, but not decided, before the commencement is taken to be an application for a forfeiture order made under the post-amended Act.\nAnything done in a proceeding mentioned in subsection (1) or (2), including any order made when adjourning the application, is taken to have been done under the post-amended Act.\nThe provisions of the post-amended Act apply in relation to any application taken by this section to be made under the post-amended Act.\ns 850 ins 2005 No. 64 s 27\n(sec.850-ssec.1) An application for an impounding order made, but not decided, before the commencement is taken to be an application for an impounding order made under the post-amended Act.\n(sec.850-ssec.2) An application for a forfeiture order made, but not decided, before the commencement is taken to be an application for a forfeiture order made under the post-amended Act.\n(sec.850-ssec.3) Anything done in a proceeding mentioned in subsection (1) or (2), including any order made when adjourning the application, is taken to have been done under the post-amended Act.\n(sec.850-ssec.4) The provisions of the post-amended Act apply in relation to any application taken by this section to be made under the post-amended Act.","sortOrder":1533},{"sectionNumber":"sec.851","sectionType":"section","heading":"Existing impoundments","content":"### sec.851 Existing impoundments\n\nA vehicle impounded under the pre-amended Act for which the period of the impoundment has not ended before the commencement is taken to have been impounded under the post-amended Act.\nA reference to a provision of the pre-amended Act in a notice given in relation to a vehicle impounded before the commencement for which the period of the impoundment has not ended before the commencement is taken, for the post-amended Act, to be a reference to a provision of the post-amended Act dealing with the same subject matter.\nA notice required to be given in relation to an impounded vehicle that has not been given immediately before the commencement may be given after the commencement as if the vehicle had been impounded after the commencement.\nHowever, for deciding the period of the impoundment, periods before and after the commencement are to be counted as a single period.\nThe provisions of the post-amended Act apply in relation to any impoundment taken under this section to be an impoundment under the post-amended Act.\ns 851 ins 2005 No. 64 s 27\n(sec.851-ssec.1) A vehicle impounded under the pre-amended Act for which the period of the impoundment has not ended before the commencement is taken to have been impounded under the post-amended Act.\n(sec.851-ssec.2) A reference to a provision of the pre-amended Act in a notice given in relation to a vehicle impounded before the commencement for which the period of the impoundment has not ended before the commencement is taken, for the post-amended Act, to be a reference to a provision of the post-amended Act dealing with the same subject matter.\n(sec.851-ssec.3) A notice required to be given in relation to an impounded vehicle that has not been given immediately before the commencement may be given after the commencement as if the vehicle had been impounded after the commencement.\n(sec.851-ssec.4) However, for deciding the period of the impoundment, periods before and after the commencement are to be counted as a single period.\n(sec.851-ssec.5) The provisions of the post-amended Act apply in relation to any impoundment taken under this section to be an impoundment under the post-amended Act.","sortOrder":1534},{"sectionNumber":"sec.852","sectionType":"section","heading":"Existing orders","content":"### sec.852 Existing orders\n\nAn impounding order made under the pre-amended Act and in force immediately before the commencement continues to have effect according to its terms as if it were an impounding order issued under the post-amended Act and the provisions of that Act apply.\nA forfeiture order made under the pre-amended Act that has not been enforced immediately before the commencement continues to have effect as if it were a forfeiture order made under the post-amended Act and may be enforced under section 110 of the post-amended Act.\ns 852 ins 2005 No. 64 s 27\n(sec.852-ssec.1) An impounding order made under the pre-amended Act and in force immediately before the commencement continues to have effect according to its terms as if it were an impounding order issued under the post-amended Act and the provisions of that Act apply.\n(sec.852-ssec.2) A forfeiture order made under the pre-amended Act that has not been enforced immediately before the commencement continues to have effect as if it were a forfeiture order made under the post-amended Act and may be enforced under section 110 of the post-amended Act.","sortOrder":1535},{"sectionNumber":"sec.853","sectionType":"section","heading":"Existing references","content":"### sec.853 Existing references\n\nThis section applies to a notice or other document issued for a purpose under the pre-amended Act if the purpose for issuing the notice or document has not ended or the proceeding to which it relates has not been finally decided.\nA reference to a prescribed offence in the notice or document is taken, from the commencement, to be a reference to a vehicle related offence.\ns 853 ins 2005 No. 64 s 27\n(sec.853-ssec.1) This section applies to a notice or other document issued for a purpose under the pre-amended Act if the purpose for issuing the notice or document has not ended or the proceeding to which it relates has not been finally decided.\n(sec.853-ssec.2) A reference to a prescribed offence in the notice or document is taken, from the commencement, to be a reference to a vehicle related offence.","sortOrder":1536},{"sectionNumber":"ch.24-pt.7","sectionType":"part","heading":"Transitional and other provisions for Police Powers and Responsibilities and Other Acts Amendment Act 2006","content":"# Transitional and other provisions for Police Powers and Responsibilities and Other Acts Amendment Act 2006","sortOrder":1537},{"sectionNumber":"sec.854","sectionType":"section","heading":"Particular evidentiary certificates under s 318ZZB","content":"### sec.854 Particular evidentiary certificates under s 318ZZB\n\nThis section applies if a prosecuting authority gives a defendant a certificate under section 318ZZB(2), as in force immediately before the commencement of the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 48, and the time for challenging a matter stated in the certificate has not ended.\nSection 318ZZB(3), as in force immediately before the commencement of the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 48, continues to apply to the certificate.\ns 854 ins 2006 No. 26 s 85\n(sec.854-ssec.1) This section applies if a prosecuting authority gives a defendant a certificate under section 318ZZB(2), as in force immediately before the commencement of the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 48, and the time for challenging a matter stated in the certificate has not ended.\n(sec.854-ssec.2) Section 318ZZB(3), as in force immediately before the commencement of the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 48, continues to apply to the certificate.","sortOrder":1538},{"sectionNumber":"sec.855","sectionType":"section","heading":"Effect of declaration under s 608","content":"### sec.855 Effect of declaration under s 608\n\nTo remove doubt, it is declared that the Police Powers and Responsibilities Amendment Regulation (No. 1) 2005 SL No. 84 is, and always was, effective to extend the end of the period for expiry of sections 604 to 607.\nAlso, sections 604 to 608 are taken never to have expired.\nIn addition, anything done under sections 604 to 607 after the date on which, apart from this section, the sections would otherwise have expired is as valid and effective as it would have been if the Police Powers and Responsibilities Amendment Regulation (No. 1) 2005 SL No. 84 had been made and notified before the end of the period for expiry of the sections.\nFurther, if a regulation ( extension regulation ) is made before the commencement of this section to further extend the period for expiry of sections 604 to 607, the extension regulation is as valid and effective as if this section had commenced before the commencement of the extension regulation.\nAnything else done under the extension regulation has effect.\ns 855 ins 2006 No. 26 s 85\n(sec.855-ssec.1) To remove doubt, it is declared that the Police Powers and Responsibilities Amendment Regulation (No. 1) 2005 SL No. 84 is, and always was, effective to extend the end of the period for expiry of sections 604 to 607.\n(sec.855-ssec.2) Also, sections 604 to 608 are taken never to have expired.\n(sec.855-ssec.3) In addition, anything done under sections 604 to 607 after the date on which, apart from this section, the sections would otherwise have expired is as valid and effective as it would have been if the Police Powers and Responsibilities Amendment Regulation (No. 1) 2005 SL No. 84 had been made and notified before the end of the period for expiry of the sections.\n(sec.855-ssec.4) Further, if a regulation ( extension regulation ) is made before the commencement of this section to further extend the period for expiry of sections 604 to 607, the extension regulation is as valid and effective as if this section had commenced before the commencement of the extension regulation.\n(sec.855-ssec.5) Anything else done under the extension regulation has effect.","sortOrder":1539},{"sectionNumber":"sec.856","sectionType":"section","heading":"Transitional provision for former s 432","content":"### sec.856 Transitional provision for former s 432\n\nSection 432, as in force immediately before the commencement of the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 74, continues to apply in relation to a drug destruction notice given under section 705 as if the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 74 had not been enacted.\ns 856 ins 2006 No. 26 s 85","sortOrder":1540},{"sectionNumber":"sec.857","sectionType":"section","heading":"Controlled activities","content":"### sec.857 Controlled activities\n\nTo remove any doubt, it is declared that a controlled activity that was purportedly authorised under section 190, as in force immediately before the commencement of the Cross-Border Law Enforcement Legislation Amendment Act 2005 , section 12 for an offence other than a serious indictable offence is and always has been as validly authorised as it would have been had the offence for which the controlled activity was authorised been a serious indictable offence.\nAlso, to remove any doubt, it is declared that anything done because of a purported authorisation of a controlled activity mentioned in subsection (1) that would have been lawfully done if the thing had been done under a validly authorised controlled activity in relation to a serious indictable offence is taken to have been lawfully done.\ns 857 ins 2006 No. 26 s 85\n(sec.857-ssec.1) To remove any doubt, it is declared that a controlled activity that was purportedly authorised under section 190, as in force immediately before the commencement of the Cross-Border Law Enforcement Legislation Amendment Act 2005 , section 12 for an offence other than a serious indictable offence is and always has been as validly authorised as it would have been had the offence for which the controlled activity was authorised been a serious indictable offence.\n(sec.857-ssec.2) Also, to remove any doubt, it is declared that anything done because of a purported authorisation of a controlled activity mentioned in subsection (1) that would have been lawfully done if the thing had been done under a validly authorised controlled activity in relation to a serious indictable offence is taken to have been lawfully done.","sortOrder":1541},{"sectionNumber":"sec.858","sectionType":"section","heading":null,"content":"### Section sec.858\n\ns 858 ins 2006 No. 26 s 85\nexp 30 June 2007 (see s 858(3))","sortOrder":1542},{"sectionNumber":"sec.859","sectionType":"section","heading":"Declaratory provision about renumbering","content":"### sec.859 Declaratory provision about renumbering\n\nTo remove any doubt, it is declared that in any instrument, document or order made or issued during the transitional period, it was always lawful and sufficient for all purposes to refer to a provision of this Act by a number it had immediately before the transitional period, or by any number it had during the transitional period, even though the provision had been renumbered, with or without amendment, before the issuing or making of the instrument, document or order.\nIn this section—\ntransitional period means the period between 20 July 2006 and the commencement of this section.\ns 859 ins 2007 No. 1 s 26\n(sec.859-ssec.1) To remove any doubt, it is declared that in any instrument, document or order made or issued during the transitional period, it was always lawful and sufficient for all purposes to refer to a provision of this Act by a number it had immediately before the transitional period, or by any number it had during the transitional period, even though the provision had been renumbered, with or without amendment, before the issuing or making of the instrument, document or order.\n(sec.859-ssec.2) In this section— transitional period means the period between 20 July 2006 and the commencement of this section.","sortOrder":1543},{"sectionNumber":"ch.24-pt.8","sectionType":"part","heading":"Transitional provisions for Summary Offences and Other Acts Amendment Act 2007","content":"# Transitional provisions for Summary Offences and Other Acts Amendment Act 2007","sortOrder":1544},{"sectionNumber":"sec.860","sectionType":"section","heading":"References to provisions in s 861","content":"### sec.860 References to provisions in s 861\n\nA reference in section 861 to a provision of the Police Powers and Responsibilities Act 2000 , whether or not the provision had commenced, is a reference to the provision as numbered before the commencement of the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 84.\ns 860 ins 2007 No. 1 s 26","sortOrder":1545},{"sectionNumber":"sec.861","sectionType":"section","heading":"Effect of particular amendments","content":"### sec.861 Effect of particular amendments\n\nIt is declared that the amendment of the following provisions of the Police Powers and Responsibilities Act 2000 had effect, and always had effect, as if—\nfor section 361(2)—the words ‘to ‘direction.’ ’ had appeared after ‘ ‘relates’ ’ in the Police Powers and Responsibilities (Motorbike Noise) Amendment Act 2005 , section 20(2);\nfor section 204—the word ‘After’ did not appear before the word ‘section’ in the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 39;\nfor section 371AB(4)—the word ‘ omit, ’ did not appear before the word ‘ insert ’ in the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 49(1).\ns 861 ins 2007 No. 1 s 26\n- (a) for section 361(2)—the words ‘to ‘direction.’ ’ had appeared after ‘ ‘relates’ ’ in the Police Powers and Responsibilities (Motorbike Noise) Amendment Act 2005 , section 20(2);\n- (b) for section 204—the word ‘After’ did not appear before the word ‘section’ in the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 39;\n- (c) for section 371AB(4)—the word ‘ omit, ’ did not appear before the word ‘ insert ’ in the Police Powers and Responsibilities and Other Acts Amendment Act 2006 , section 49(1).","sortOrder":1546},{"sectionNumber":"ch.24-pt.9","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2006","content":"# Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2006","sortOrder":1547},{"sectionNumber":"sec.862","sectionType":"section","heading":"Costs of impoundment","content":"### sec.862 Costs of impoundment\n\nSections 111 to 116, as in force immediately before 1 July 2007, continue to apply in relation to a motor vehicle impounded before 1 July 2007 but not released to its owner before that date as if those sections had not been amended by the Police Powers and Responsibilities and Other Legislation Amendment Act 2006 .\ns 862 ins 2006 No. 57 s 42","sortOrder":1548},{"sectionNumber":"sec.863","sectionType":"section","heading":"Existing references","content":"### sec.863 Existing references\n\nThis section applies to a notice, order or other document issued or made under a provision of chapter 4, as in force immediately before the commencement of this section if—\nthe provision is amended by the Police Powers and Responsibilities and Other Legislation Amendment Act 2006 ; and\nthe purpose for issuing the document or making the order has not ended or the proceeding to which it relates has not ended before that commencement.\nA reference in the notice, order or document to a vehicle related office is taken to be a reference to a type 1 vehicle related offence.\ns 863 ins 2006 No. 57 s 42\n(sec.863-ssec.1) This section applies to a notice, order or other document issued or made under a provision of chapter 4, as in force immediately before the commencement of this section if— the provision is amended by the Police Powers and Responsibilities and Other Legislation Amendment Act 2006 ; and the purpose for issuing the document or making the order has not ended or the proceeding to which it relates has not ended before that commencement.\n(sec.863-ssec.2) A reference in the notice, order or document to a vehicle related office is taken to be a reference to a type 1 vehicle related offence.\n- (a) the provision is amended by the Police Powers and Responsibilities and Other Legislation Amendment Act 2006 ; and\n- (b) the purpose for issuing the document or making the order has not ended or the proceeding to which it relates has not ended before that commencement.","sortOrder":1549},{"sectionNumber":"sec.864","sectionType":"section","heading":null,"content":"### Section sec.864\n\ns 864 ins 2006 No. 57 s 42\nom 2013 No. 39 s 109 sch 2","sortOrder":1550},{"sectionNumber":"ch.24-pt.10","sectionType":"part","heading":"Transitional provision for Criminal Code and Other Acts Amendment Act 2008","content":"# Transitional provision for Criminal Code and Other Acts Amendment Act 2008","sortOrder":1551},{"sectionNumber":"sec.865","sectionType":"section","heading":"Reference to particular offences","content":"### sec.865 Reference to particular offences\n\nSchedules 3 and 5 apply as if a reference to the Summary Offences Act 2005 , section 25 included a reference to the Criminal Code, section 426 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 865 ins 2008 No. 55 s 150 sch","sortOrder":1552},{"sectionNumber":"ch.24-pt.12","sectionType":"part","heading":null,"content":"","sortOrder":1553},{"sectionNumber":"sec.869","sectionType":"section","heading":null,"content":"### Section sec.869\n\ns 869 ins 2012 No. 5 s 226\nom 2013 No. 39 s 109 sch 2","sortOrder":1554},{"sectionNumber":"ch.24-pt.13","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013","sortOrder":1555},{"sectionNumber":"sec.870","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.870 Definitions for pt 13\n\nIn this part—\ncommencement means the commencement of this part.\npost-amended Act means this Act as in force from the commencement.\npre-amended Act means this Act as in force immediately before the commencement.\ns 870 ins 2013 No. 15 s 78","sortOrder":1556},{"sectionNumber":"sec.871","sectionType":"section","heading":"Two type 1 vehicle related offences committed before commencement","content":"### sec.871 Two type 1 vehicle related offences committed before commencement\n\nThis section applies if before the commencement, the driver of a motor vehicle—\neither—\nhas been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or\nhas been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and\nis charged with having committed a second or subsequent type 1 vehicle related offence and the charge has not been decided.\nChapter 4 of the pre-amended Act continues to apply in relation to the charges as if the Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013 had not been enacted.\ns 871 ins 2013 No. 15 s 78\n(sec.871-ssec.1) This section applies if before the commencement, the driver of a motor vehicle— either— has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and is charged with having committed a second or subsequent type 1 vehicle related offence and the charge has not been decided.\n(sec.871-ssec.2) Chapter 4 of the pre-amended Act continues to apply in relation to the charges as if the Police Powers and Responsibilities (Motor Vehicle Impoundment) and Other Legislation Amendment Act 2013 had not been enacted.\n- (a) either— (i) has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or (ii) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and\n- (i) has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or\n- (ii) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and\n- (b) is charged with having committed a second or subsequent type 1 vehicle related offence and the charge has not been decided.\n- (i) has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or\n- (ii) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and","sortOrder":1557},{"sectionNumber":"sec.872","sectionType":"section","heading":"One type 1 vehicle related offence committed before commencement and another type 1 vehicle related offence committed after commencement","content":"### sec.872 One type 1 vehicle related offence committed before commencement and another type 1 vehicle related offence committed after commencement\n\nThis section applies if—\nbefore the commencement, and within the relevant period, the driver of a motor vehicle—\nhas been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or\nhas been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and\nafter the commencement, the driver is charged with having committed a type 1 vehicle related offence.\nA police officer may not impound the motor vehicle under section 74A of the post-amended Act on the basis that the driver has been charged with, or found guilty of, having committed a type 1 vehicle related offence mentioned in subsection (1)(a).\nIn this section—\nrelevant period , for a person who has been charged with, or found guilty of, having committed a type 1 vehicle related offence before the commencement, means the period of not more than 3 years before a type 1 vehicle related offence the person is charged with having committed after the commencement.\ns 872 ins 2013 No. 15 s 78\n(sec.872-ssec.1) This section applies if— before the commencement, and within the relevant period, the driver of a motor vehicle— has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and after the commencement, the driver is charged with having committed a type 1 vehicle related offence.\n(sec.872-ssec.2) A police officer may not impound the motor vehicle under section 74A of the post-amended Act on the basis that the driver has been charged with, or found guilty of, having committed a type 1 vehicle related offence mentioned in subsection (1)(a).\n(sec.872-ssec.3) In this section— relevant period , for a person who has been charged with, or found guilty of, having committed a type 1 vehicle related offence before the commencement, means the period of not more than 3 years before a type 1 vehicle related offence the person is charged with having committed after the commencement.\n- (a) before the commencement, and within the relevant period, the driver of a motor vehicle— (i) has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or (ii) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and\n- (i) has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or\n- (ii) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and\n- (b) after the commencement, the driver is charged with having committed a type 1 vehicle related offence.\n- (i) has been charged with having committed a type 1 vehicle related offence on at least 1 previous occasion and the charge has not been decided; or\n- (ii) has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion; and","sortOrder":1558},{"sectionNumber":"sec.873","sectionType":"section","heading":"Different kinds of type 2 vehicle related offences committed before and after commencement","content":"### sec.873 Different kinds of type 2 vehicle related offences committed before and after commencement\n\nThis section applies if—\nbefore the commencement, and within the relevant period, the driver of a motor vehicle—\nhas been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and\nfor each of the charges mentioned in subparagraph (i)—\nthe charge has not been decided; or\nthe driver has been found guilty; and\nafter the commencement, the driver is charged with having committed a type 2 vehicle related offence of a different kind from a type 2 vehicle related offence mentioned in paragraph (a)(i).\nA police officer may not impound a motor vehicle under section 74C, 74D or 74E of the post-amended Act on the basis that the driver has been charged with, or found guilty of, having committed a type 2 offence mentioned in subsection (1)(a)(i).\nFor this section, a type 2 vehicle related offence is of a different kind to another type 2 vehicle related offence if each offence is described in a different paragraph of the definition of type 2 vehicle related offence in section 69A(2).\nIn this section—\nrelevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of not more than 3 years before a type 2 vehicle related offence the person is charged with having committed after the commencement.\ns 873 ins 2013 No. 15 s 78\n(sec.873-ssec.1) This section applies if— before the commencement, and within the relevant period, the driver of a motor vehicle— has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and for each of the charges mentioned in subparagraph (i)— the charge has not been decided; or the driver has been found guilty; and after the commencement, the driver is charged with having committed a type 2 vehicle related offence of a different kind from a type 2 vehicle related offence mentioned in paragraph (a)(i).\n(sec.873-ssec.2) A police officer may not impound a motor vehicle under section 74C, 74D or 74E of the post-amended Act on the basis that the driver has been charged with, or found guilty of, having committed a type 2 offence mentioned in subsection (1)(a)(i).\n(sec.873-ssec.3) For this section, a type 2 vehicle related offence is of a different kind to another type 2 vehicle related offence if each offence is described in a different paragraph of the definition of type 2 vehicle related offence in section 69A(2).\n(sec.873-ssec.4) In this section— relevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of not more than 3 years before a type 2 vehicle related offence the person is charged with having committed after the commencement.\n- (a) before the commencement, and within the relevant period, the driver of a motor vehicle— (i) has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and\n- (i) has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and\n- (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and\n- (A) the charge has not been decided; or\n- (B) the driver has been found guilty; and\n- (b) after the commencement, the driver is charged with having committed a type 2 vehicle related offence of a different kind from a type 2 vehicle related offence mentioned in paragraph (a)(i).\n- (i) has been charged with having committed type 2 vehicle related offences of different kinds on 1 or more previous occasions within the relevant period; and\n- (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and\n- (A) the charge has not been decided; or\n- (B) the driver has been found guilty; and\n- (A) the charge has not been decided; or\n- (B) the driver has been found guilty; and","sortOrder":1559},{"sectionNumber":"sec.874","sectionType":"section","heading":"Type 2 vehicle related offences of same kind committed before and after commencement","content":"### sec.874 Type 2 vehicle related offences of same kind committed before and after commencement\n\nThis section applies if—\nbefore the commencement, and within the relevant period, the driver of a motor vehicle—\nhas been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and\nfor each of the charges mentioned in subparagraph (i)—\nthe charge has not been decided; or\nthe driver has been found guilty; and\nafter the commencement, the driver is charged with having committed a type 2 vehicle related offence of the same kind as a type 2 vehicle related offence mentioned in paragraph (a)(i).\nTo remove any doubt, it is declared that the provisions of the post-amended Act about the impoundment and forfeiture of a motor vehicle apply in relation to the type 2 offences committed before and after the commencement.\nFor this section, a type 2 vehicle related offence is the same kind as another type 2 vehicle related offence if both offences are within the description of an offence covered by a paragraph of the definition of type 2 vehicle related offence in section 69A(2) of the pre-amended Act.\nIn this section—\nrelevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of—\nnot more than 5 years before a type 2 vehicle related offence of the same kind that the person is charged with having committed after the commencement; but\nnot more than 3 years before the commencement.\ns 874 ins 2013 No. 15 s 78\n(sec.874-ssec.1) This section applies if— before the commencement, and within the relevant period, the driver of a motor vehicle— has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and for each of the charges mentioned in subparagraph (i)— the charge has not been decided; or the driver has been found guilty; and after the commencement, the driver is charged with having committed a type 2 vehicle related offence of the same kind as a type 2 vehicle related offence mentioned in paragraph (a)(i).\n(sec.874-ssec.2) To remove any doubt, it is declared that the provisions of the post-amended Act about the impoundment and forfeiture of a motor vehicle apply in relation to the type 2 offences committed before and after the commencement.\n(sec.874-ssec.3) For this section, a type 2 vehicle related offence is the same kind as another type 2 vehicle related offence if both offences are within the description of an offence covered by a paragraph of the definition of type 2 vehicle related offence in section 69A(2) of the pre-amended Act.\n(sec.874-ssec.4) In this section— relevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of— not more than 5 years before a type 2 vehicle related offence of the same kind that the person is charged with having committed after the commencement; but not more than 3 years before the commencement.\n- (a) before the commencement, and within the relevant period, the driver of a motor vehicle— (i) has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and\n- (i) has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and\n- (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and\n- (A) the charge has not been decided; or\n- (B) the driver has been found guilty; and\n- (b) after the commencement, the driver is charged with having committed a type 2 vehicle related offence of the same kind as a type 2 vehicle related offence mentioned in paragraph (a)(i).\n- (i) has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and\n- (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and\n- (A) the charge has not been decided; or\n- (B) the driver has been found guilty; and\n- (A) the charge has not been decided; or\n- (B) the driver has been found guilty; and\n- (a) not more than 5 years before a type 2 vehicle related offence of the same kind that the person is charged with having committed after the commencement; but\n- (b) not more than 3 years before the commencement.","sortOrder":1560},{"sectionNumber":"sec.875","sectionType":"section","heading":"Existing applications for impounding order applications","content":"### sec.875 Existing applications for impounding order applications\n\nThis section applies to an application under section 85 or 85A of the pre-amended Act for an impounding order that had not been decided immediately before the commencement.\nThe application must be decided as if the following provisions of the pre-amended Act were still in force—\nchapter 4, part 3, divisions 1 to 3;\nchapter 4, part 5, divisions 1 to 2A and division 4.\ns 875 ins 2013 No. 15 s 78\n(sec.875-ssec.1) This section applies to an application under section 85 or 85A of the pre-amended Act for an impounding order that had not been decided immediately before the commencement.\n(sec.875-ssec.2) The application must be decided as if the following provisions of the pre-amended Act were still in force— chapter 4, part 3, divisions 1 to 3; chapter 4, part 5, divisions 1 to 2A and division 4.\n- (a) chapter 4, part 3, divisions 1 to 3;\n- (b) chapter 4, part 5, divisions 1 to 2A and division 4.","sortOrder":1561},{"sectionNumber":"sec.876","sectionType":"section","heading":"Existing applications for forfeiture order applications","content":"### sec.876 Existing applications for forfeiture order applications\n\nThis section applies to an application under section 90 or 90A of the pre-amended Act for a forfeiture order that had not been decided immediately before the commencement.\nThe application must be decided as if the following provisions of the pre-amended Act were still in force—\nchapter 4, part 4, divisions 1 to 3;\nchapter 4, part 5, divisions 1 to 2A and division 4.\ns 876 ins 2013 No. 15 s 78\n(sec.876-ssec.1) This section applies to an application under section 90 or 90A of the pre-amended Act for a forfeiture order that had not been decided immediately before the commencement.\n(sec.876-ssec.2) The application must be decided as if the following provisions of the pre-amended Act were still in force— chapter 4, part 4, divisions 1 to 3; chapter 4, part 5, divisions 1 to 2A and division 4.\n- (a) chapter 4, part 4, divisions 1 to 3;\n- (b) chapter 4, part 5, divisions 1 to 2A and division 4.","sortOrder":1562},{"sectionNumber":"ch.24-pt.14","sectionType":"part","heading":"Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013","content":"# Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013","sortOrder":1563},{"sectionNumber":"sec.877","sectionType":"section","heading":"Application of amendments about confiscation related evidence etc.","content":"### sec.877 Application of amendments about confiscation related evidence etc.\n\nThis section applies if, before the commencement—\nan application for a relevant order is made but has not been decided; or\na relevant order has been made.\nThis Act, as in force immediately before the commencement, continues to apply in relation to the application or order.\nIn this section—\ncommencement means the commencement of this section.\nrelevant order means—\na search warrant under section 150; or\na production notice under section 181; or\na production order under section 192.\ns 877 ins 2013 No. 21 s 71\n(sec.877-ssec.1) This section applies if, before the commencement— an application for a relevant order is made but has not been decided; or a relevant order has been made.\n(sec.877-ssec.2) This Act, as in force immediately before the commencement, continues to apply in relation to the application or order.\n(sec.877-ssec.3) In this section— commencement means the commencement of this section. relevant order means— a search warrant under section 150; or a production notice under section 181; or a production order under section 192.\n- (a) an application for a relevant order is made but has not been decided; or\n- (b) a relevant order has been made.\n- (a) a search warrant under section 150; or\n- (b) a production notice under section 181; or\n- (c) a production order under section 192.","sortOrder":1564},{"sectionNumber":"ch.24-pt.15","sectionType":"part","heading":"Transitional provision for Australian Crime Commission (Queensland) and Other Legislation Amendment Act 2016","content":"# Transitional provision for Australian Crime Commission (Queensland) and Other Legislation Amendment Act 2016","sortOrder":1565},{"sectionNumber":"sec.878","sectionType":"section","heading":"ACC database","content":"### sec.878 ACC database\n\nIf the context permits, a reference to the CrimTrac database in a document may be taken to be a reference to the ACC database.\nAnything lawfully included under this Act or another Act, before the commencement, in the CrimTrac database is taken to be lawfully included in the ACC database and may be used under this Act or another Act.\ns 878 ins 2016 No. 48 s 13\n(sec.878-ssec.1) If the context permits, a reference to the CrimTrac database in a document may be taken to be a reference to the ACC database.\n(sec.878-ssec.2) Anything lawfully included under this Act or another Act, before the commencement, in the CrimTrac database is taken to be lawfully included in the ACC database and may be used under this Act or another Act.","sortOrder":1566},{"sectionNumber":"ch.24-pt.16","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2018","content":"# Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2018","sortOrder":1567},{"sectionNumber":"sec.879","sectionType":"section","heading":"Review relating to high-risk missing persons","content":"### sec.879 Review relating to high-risk missing persons\n\nThe CCC must, as soon as practicable after the end of 5 years after the insertion of chapter 7, part 3A, review the effectiveness of that part and give a report on the review under the Crime and Corruption Act 2001 .\nThe conduct of the review and the preparation of the report is taken to be a research function of the CCC for the Crime and Corruption Act 2001 .\nIn the course of preparing the report, the CCC must consult with the Minister.\nThe CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.\ns 879 ins 2018 No. 20 s 44\n(sec.879-ssec.1) The CCC must, as soon as practicable after the end of 5 years after the insertion of chapter 7, part 3A, review the effectiveness of that part and give a report on the review under the Crime and Corruption Act 2001 .\n(sec.879-ssec.2) The conduct of the review and the preparation of the report is taken to be a research function of the CCC for the Crime and Corruption Act 2001 .\n(sec.879-ssec.3) In the course of preparing the report, the CCC must consult with the Minister.\n(sec.879-ssec.4) The CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.","sortOrder":1568},{"sectionNumber":"sec.880","sectionType":"section","heading":"Evasion offence notices given before commencement","content":"### sec.880 Evasion offence notices given before commencement\n\nThis section applies if—\nbefore the commencement, a police officer gave the owner of a motor vehicle an evasion offence notice under former section 755; and\nthe 4 business days within which the owner may give a declaration under former section 755 had not yet ended at the commencement.\nDespite the commencement of the amendment Act, the former provisions of this Act continue to apply in relation to the notice and the person to whom the notice was given.\nIn this section—\namendment Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2018 .\nformer provision , of this Act, means the provision as in force immediately before it was amended under the amendment Act.\ns 880 ins 2018 No. 20 s 44\n(sec.880-ssec.1) This section applies if— before the commencement, a police officer gave the owner of a motor vehicle an evasion offence notice under former section 755; and the 4 business days within which the owner may give a declaration under former section 755 had not yet ended at the commencement.\n(sec.880-ssec.2) Despite the commencement of the amendment Act, the former provisions of this Act continue to apply in relation to the notice and the person to whom the notice was given.\n(sec.880-ssec.3) In this section— amendment Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2018 . former provision , of this Act, means the provision as in force immediately before it was amended under the amendment Act.\n- (a) before the commencement, a police officer gave the owner of a motor vehicle an evasion offence notice under former section 755; and\n- (b) the 4 business days within which the owner may give a declaration under former section 755 had not yet ended at the commencement.","sortOrder":1569},{"sectionNumber":"ch.24-pt.17","sectionType":"part","heading":"Transitional provisions for Youth Justice and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Youth Justice and Other Legislation Amendment Act 2019","sortOrder":1570},{"sectionNumber":"sec.881","sectionType":"section","heading":"Definitions for part","content":"### sec.881 Definitions for part\n\nIn this part—\namending Act means the Youth Justice and Other Legislation Amendment Act 2019 .\nformer , in relation to a provision of this Act, means as in force from time to time before the commencement of the provision in which the term is used.\ns 881 ins 2019 No. 23 s 44","sortOrder":1571},{"sectionNumber":"sec.882","sectionType":"section","heading":"Contraventions of bail conditions before commencement","content":"### sec.882 Contraventions of bail conditions before commencement\n\nThis section applies in relation to a contravention of a condition of an undertaking on which a person was granted bail if the contravention happened before the commencement.\nFormer section 367 continues to apply in relation to the contravention as if the amending Act had not been enacted.\nIn this section—\nundertaking see the Bail Act 1980 , section 6.\ns 882 ins 2019 No. 23 s 44\n(sec.882-ssec.1) This section applies in relation to a contravention of a condition of an undertaking on which a person was granted bail if the contravention happened before the commencement.\n(sec.882-ssec.2) Former section 367 continues to apply in relation to the contravention as if the amending Act had not been enacted.\n(sec.882-ssec.3) In this section— undertaking see the Bail Act 1980 , section 6.","sortOrder":1572},{"sectionNumber":"sec.883","sectionType":"section","heading":"Children arrested or served with notices to appear before commencement","content":"### sec.883 Children arrested or served with notices to appear before commencement\n\nFormer section 392 continues to apply in relation to a child who was arrested, or served with a notice to appear, before the commencement as if the amending Act had not been enacted.\ns 883 ins 2019 No. 23 s 44","sortOrder":1573},{"sectionNumber":"ch.24-pt.18","sectionType":"part","heading":"Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2020","sortOrder":1574},{"sectionNumber":"sec.884","sectionType":"section","heading":"Definitions for part","content":"### sec.884 Definitions for part\n\nIn this part—\namending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2020 .\nformer , in relation to a provision, means as in force from time to time before the provision was amended by part 6 of the amending Act.\ns 884 ins 2020 No. 7 s 49","sortOrder":1575},{"sectionNumber":"sec.885","sectionType":"section","heading":"Particular applications or orders made before commencement","content":"### sec.885 Particular applications or orders made before commencement\n\nThis section applies in relation to—\nan application for an order under former section 21B, 154, 154A or 178A that was made but not decided before the commencement; or\nan order made before the commencement under former section 21B, 154, 154A or 178A to the extent a power under the order was not exercised before the commencement.\nEach of the following may happen under the former section as if part 6 of the amending Act had not commenced—\na proceeding relating to the application or order may be continued or decided;\na power under the order mentioned in subsection (1)(b) may be exercised.\ns 885 ins 2020 No. 7 s 49\n(sec.885-ssec.1) This section applies in relation to— an application for an order under former section 21B, 154, 154A or 178A that was made but not decided before the commencement; or an order made before the commencement under former section 21B, 154, 154A or 178A to the extent a power under the order was not exercised before the commencement.\n(sec.885-ssec.2) Each of the following may happen under the former section as if part 6 of the amending Act had not commenced— a proceeding relating to the application or order may be continued or decided; a power under the order mentioned in subsection (1)(b) may be exercised.\n- (a) an application for an order under former section 21B, 154, 154A or 178A that was made but not decided before the commencement; or\n- (b) an order made before the commencement under former section 21B, 154, 154A or 178A to the extent a power under the order was not exercised before the commencement.\n- (a) a proceeding relating to the application or order may be continued or decided;\n- (b) a power under the order mentioned in subsection (1)(b) may be exercised.","sortOrder":1576},{"sectionNumber":"sec.886","sectionType":"section","heading":"Declaratory provision about effect of amending Act","content":"### sec.886 Declaratory provision about effect of amending Act\n\nThis section applies for deciding, after the commencement, a matter to which any of the following provisions applies—\nformer section 21B;\nformer chapter 7, part 1;\nformer chapter 7, part 3, division 3.\nThe amendment of the former provision by the amending Act is to be disregarded.\ns 886 ins 2020 No. 7 s 49\n(sec.886-ssec.1) This section applies for deciding, after the commencement, a matter to which any of the following provisions applies— former section 21B; former chapter 7, part 1; former chapter 7, part 3, division 3.\n(sec.886-ssec.2) The amendment of the former provision by the amending Act is to be disregarded.\n- (a) former section 21B;\n- (b) former chapter 7, part 1;\n- (c) former chapter 7, part 3, division 3.","sortOrder":1577},{"sectionNumber":"sec.887","sectionType":"section","heading":"Saving of operation of s 390P","content":"### sec.887 Saving of operation of s 390P\n\nThe repeal of former section 390P does not affect the protection from liability for a health care professional under the provision for an act done, or omission made, by the professional before the commencement.\ns 887 ins 2020 No. 7 s 49","sortOrder":1578},{"sectionNumber":"ch.24-pt.20","sectionType":"part","heading":"Transitional provision for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020","content":"# Transitional provision for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020","sortOrder":1579},{"sectionNumber":"sec.889","sectionType":"section","heading":"Continuation of particular matters after expiry of ch 18B","content":"### sec.889 Continuation of particular matters after expiry of ch 18B\n\nThis section applies immediately after the expiry day if—\nimmediately before the expiry day, an application made under former section 548J had not been decided; or\nimmediately before the expiry day, the period for appealing a COVID-19 test order under former section 548N had not ended; or\nimmediately before the expiry day, an appeal filed under former section 548N had not been decided; or\nimmediately before the expiry day, a respiratory tract sample authorised to be taken under a COVID-19 test order made under former section 548L had not been taken; or\nimmediately before the expiry day, a respiratory tract sample taken from a person under former section 548O had not been tested for COVID-19.\nFormer chapter 18B continues to apply to a matter mentioned in subsection (1) as if the chapter had not expired.\nIn this section—\nexpiry day means the day on which former chapter 18B expires.\nformer , for a provision, means the provision as in force from time to time before its expiry.\ns 889 ins 2020 No. 16 s 50\n(sec.889-ssec.1) This section applies immediately after the expiry day if— immediately before the expiry day, an application made under former section 548J had not been decided; or immediately before the expiry day, the period for appealing a COVID-19 test order under former section 548N had not ended; or immediately before the expiry day, an appeal filed under former section 548N had not been decided; or immediately before the expiry day, a respiratory tract sample authorised to be taken under a COVID-19 test order made under former section 548L had not been taken; or immediately before the expiry day, a respiratory tract sample taken from a person under former section 548O had not been tested for COVID-19.\n(sec.889-ssec.2) Former chapter 18B continues to apply to a matter mentioned in subsection (1) as if the chapter had not expired.\n(sec.889-ssec.3) In this section— expiry day means the day on which former chapter 18B expires. former , for a provision, means the provision as in force from time to time before its expiry.\n- (a) immediately before the expiry day, an application made under former section 548J had not been decided; or\n- (b) immediately before the expiry day, the period for appealing a COVID-19 test order under former section 548N had not ended; or\n- (c) immediately before the expiry day, an appeal filed under former section 548N had not been decided; or\n- (d) immediately before the expiry day, a respiratory tract sample authorised to be taken under a COVID-19 test order made under former section 548L had not been taken; or\n- (e) immediately before the expiry day, a respiratory tract sample taken from a person under former section 548O had not been tested for COVID-19.","sortOrder":1580},{"sectionNumber":"ch.24-pt.21","sectionType":"part","heading":"Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","content":"# Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021","sortOrder":1581},{"sectionNumber":"sec.890","sectionType":"section","heading":"Existing police banning notices","content":"### sec.890 Existing police banning notices\n\nThe following provisions continue to apply in relation to a police banning notice in effect immediately before the commencement—\nformer section 602D;\nformer section 602N.\nIn this section—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 890 ins 2021 No. 7 s 60\n(sec.890-ssec.1) The following provisions continue to apply in relation to a police banning notice in effect immediately before the commencement— former section 602D; former section 602N.\n(sec.890-ssec.2) In this section— former , for a provision of this Act, means the provision as in force from time to time before the commencement.\n- (a) former section 602D;\n- (b) former section 602N.","sortOrder":1582},{"sectionNumber":"ch.24-pt.22","sectionType":"part","heading":"Transitional provision for Youth Justice and Other Legislation Amendment Act 2021","content":"# Transitional provision for Youth Justice and Other Legislation Amendment Act 2021","sortOrder":1583},{"sectionNumber":"sec.891","sectionType":"section","heading":"Investigation of type 1 vehicle related offence alleged to have been committed before commencement","content":"### sec.891 Investigation of type 1 vehicle related offence alleged to have been committed before commencement\n\nChapter 22, part 2, divisions 2 and 3, as amended by the Youth Justice and Other Legislation Amendment Act 2021 , applies in relation to the investigation of a type 1 vehicle related offence only if the offence was allegedly committed after the commencement.\ns 891 ins 2021 No. 9 s 17","sortOrder":1584},{"sectionNumber":"ch.24-pt.23","sectionType":"part","heading":"Transitional provision for Police Service Administration and Other Legislation Amendment Act 2022","content":"# Transitional provision for Police Service Administration and Other Legislation Amendment Act 2022","sortOrder":1585},{"sectionNumber":"sec.892","sectionType":"section","heading":"Proceedings for offences against repealed Act","content":"### sec.892 Proceedings for offences against repealed Act\n\nThis section applies in relation to an offence against a former provision of the repealed Act committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Police Service Administration and Other Legislation Amendment Act 2022 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\nIn this section—\nformer , for a provision of the repealed Act, means the provision as in force from time to time before the commencement.\nrepealed Act means the repealed State Buildings Protective Security Act 1983 as in force from time to time before the commencement.\ns 892 ins 2022 No. 9 s 25\n(sec.892-ssec.1) This section applies in relation to an offence against a former provision of the repealed Act committed by a person before the commencement.\n(sec.892-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Police Service Administration and Other Legislation Amendment Act 2022 had not commenced.\n(sec.892-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n(sec.892-ssec.4) In this section— former , for a provision of the repealed Act, means the provision as in force from time to time before the commencement. repealed Act means the repealed State Buildings Protective Security Act 1983 as in force from time to time before the commencement.","sortOrder":1586},{"sectionNumber":"ch.24-pt.24","sectionType":"part","heading":"Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","content":"# Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","sortOrder":1587},{"sectionNumber":"ch.24-pt.24-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1588},{"sectionNumber":"sec.893","sectionType":"section","heading":"Definition for part","content":"### sec.893 Definition for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\ns 893 ins 2023 No. 21 s 52","sortOrder":1589},{"sectionNumber":"ch.24-pt.24-div.2","sectionType":"division","heading":"Validation provisions","content":"## Validation provisions","sortOrder":1590},{"sectionNumber":"sec.894","sectionType":"section","heading":"Refined limitations on controlled operations does not affect past operations","content":"### sec.894 Refined limitations on controlled operations does not affect past operations\n\nThis section applies to a controlled operation involving conduct mentioned in section 244(3) if authorised by the chief executive officer under section 243 before the commencement.\nIt is declared that nothing in section 244(1)(g)(iii) prevented the controlled operation being granted authority by the chief executive officer under section 243.\nTo remove any doubt, it is declared that the authority to conduct the controlled operation, and anything done in reliance on the authority, is, and is taken to have always been, as valid as if section 244(3) had been in force at the time of the authorisation or conduct.\ns 894 ins 2023 No. 21 s 52\n(sec.894-ssec.1) This section applies to a controlled operation involving conduct mentioned in section 244(3) if authorised by the chief executive officer under section 243 before the commencement.\n(sec.894-ssec.2) It is declared that nothing in section 244(1)(g)(iii) prevented the controlled operation being granted authority by the chief executive officer under section 243.\n(sec.894-ssec.3) To remove any doubt, it is declared that the authority to conduct the controlled operation, and anything done in reliance on the authority, is, and is taken to have always been, as valid as if section 244(3) had been in force at the time of the authorisation or conduct.","sortOrder":1591},{"sectionNumber":"sec.895","sectionType":"section","heading":"Validation of giving of particular extended police banning notices","content":"### sec.895 Validation of giving of particular extended police banning notices\n\nThis section applies in relation to an extended police banning notice that was, before the commencement, given to a person by sending the notice to the person by post.\nThe giving of the extended police banning notice to the person is, and is taken to have always been, as valid as it would have been if, at the time the notice was given to the person, new section 602G was in force.\nAnything done as a result of the giving of the extended police banning notice to the person is, and is taken to have always been, as valid as it would have been if, at the time the notice was given to the person, new section 602G was in force.\nIn this section—\ngiven includes purported to be given.\nnew section 602G means section 602G as in force from the commencement.\ns 895 ins 2023 No. 21 s 52\n(sec.895-ssec.1) This section applies in relation to an extended police banning notice that was, before the commencement, given to a person by sending the notice to the person by post.\n(sec.895-ssec.2) The giving of the extended police banning notice to the person is, and is taken to have always been, as valid as it would have been if, at the time the notice was given to the person, new section 602G was in force.\n(sec.895-ssec.3) Anything done as a result of the giving of the extended police banning notice to the person is, and is taken to have always been, as valid as it would have been if, at the time the notice was given to the person, new section 602G was in force.\n(sec.895-ssec.4) In this section— given includes purported to be given. new section 602G means section 602G as in force from the commencement.","sortOrder":1592},{"sectionNumber":"ch.24-pt.24-div.3","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":1593},{"sectionNumber":"sec.896","sectionType":"section","heading":"Continued application of former ss 378 and 394","content":"### sec.896 Continued application of former ss 378 and 394\n\nThis section applies if, on the commencement, a person is under arrest for being intoxicated in a public place.\nFor the purpose of the arrest, former sections 378 and 394 continue to apply as if the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 had not commenced.\ns 896 ins 2023 No. 21 s 52\n(sec.896-ssec.1) This section applies if, on the commencement, a person is under arrest for being intoxicated in a public place.\n(sec.896-ssec.2) For the purpose of the arrest, former sections 378 and 394 continue to apply as if the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 had not commenced.","sortOrder":1594},{"sectionNumber":"sec.897","sectionType":"section","heading":"Continued application of former ss 604 and 605","content":"### sec.897 Continued application of former ss 604 and 605\n\nThis section applies if, on the commencement, a person is being detained under section 604(3).\nFor the purpose of the detention, former sections 604 and 605 continue to apply as if the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 had not commenced.\ns 897 ins 2023 No. 21 s 52\n(sec.897-ssec.1) This section applies if, on the commencement, a person is being detained under section 604(3).\n(sec.897-ssec.2) For the purpose of the detention, former sections 604 and 605 continue to apply as if the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 had not commenced.","sortOrder":1595},{"sectionNumber":"ch.24-pt.25","sectionType":"part","heading":"Validation provision for Victims of Crime Assistance and Other Legislation Amendment Act 2023","content":"# Validation provision for Victims of Crime Assistance and Other Legislation Amendment Act 2023","sortOrder":1596},{"sectionNumber":"sec.898","sectionType":"section","heading":"Validation for particular DNA samples affected by modifying sections","content":"### sec.898 Validation for particular DNA samples affected by modifying sections\n\nThis section applies if—\non the commencement, a modifying section applies in relation to a DNA sample and the results of a DNA analysis of the sample; and\nimmediately before the commencement, the sample and results were required to be destroyed under former section 490(1).\nThe keeping of the DNA sample and results is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1).\nAlso, the use of the DNA sample and results in evidence or for any other purpose related to starting, continuing or discontinuing a proceeding for an indictable offence is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1).\nIn this section—\nformer section 490(1) , in relation to the DNA sample and results, means section 490(1) as it applied in relation to the sample and results from time to time before the commencement.\nmodifying section means section 490A or 490B.\nThis section commenced on 4 December 2023.\ns 898 ins 2023 No. 34 s 4E\namd 2025 No. 7 s 51\n(sec.898-ssec.1) This section applies if— on the commencement, a modifying section applies in relation to a DNA sample and the results of a DNA analysis of the sample; and immediately before the commencement, the sample and results were required to be destroyed under former section 490(1).\n(sec.898-ssec.2) The keeping of the DNA sample and results is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1).\n(sec.898-ssec.3) Also, the use of the DNA sample and results in evidence or for any other purpose related to starting, continuing or discontinuing a proceeding for an indictable offence is declared to be, and to always have been, as valid and lawful as if the modifying section had been in force when destruction of the sample and results would otherwise have been required under former section 490(1).\n(sec.898-ssec.4) In this section— former section 490(1) , in relation to the DNA sample and results, means section 490(1) as it applied in relation to the sample and results from time to time before the commencement. modifying section means section 490A or 490B.\n- (a) on the commencement, a modifying section applies in relation to a DNA sample and the results of a DNA analysis of the sample; and\n- (b) immediately before the commencement, the sample and results were required to be destroyed under former section 490(1).","sortOrder":1597},{"sectionNumber":"ch.24-pt.26","sectionType":"part","heading":"Validation provision for Police Powers and Responsibilities and Other Legislation Amendment Act 2024","content":"# Validation provision for Police Powers and Responsibilities and Other Legislation Amendment Act 2024","sortOrder":1598},{"sectionNumber":"sec.899","sectionType":"section","heading":"Validation of watch-house entrant inspections","content":"### sec.899 Validation of watch-house entrant inspections\n\nAn inspection of a person’s belongings under former section 644 involving the touching of a garment the person was wearing is, and is taken to have always been, as valid as it would have been if, at the time it was carried out, new section 644 was in force.\nIn this section—\nformer section 644 means section 644 as in force before the commencement.\nnew section 644 means section 644 as in force from the commencement.\ns 899 ins 2024 No. 24 s 47\n(sec.899-ssec.1) An inspection of a person’s belongings under former section 644 involving the touching of a garment the person was wearing is, and is taken to have always been, as valid as it would have been if, at the time it was carried out, new section 644 was in force.\n(sec.899-ssec.2) In this section— former section 644 means section 644 as in force before the commencement. new section 644 means section 644 as in force from the commencement.","sortOrder":1599},{"sectionNumber":"ch.24-pt.27","sectionType":"part","heading":"Validation provision for Queensland Community Safety Act 2024","content":"# Validation provision for Queensland Community Safety Act 2024","sortOrder":1600},{"sectionNumber":"sec.900","sectionType":"section","heading":"Validation of orders made under s 154A","content":"### sec.900 Validation of orders made under s 154A\n\nThis section applies in relation to an order made under section 154A before the commencement.\nThe order is, and is taken to have always been, as valid as it would have been if, at the time it was made, the definition of specified person under section 149A, as amended by the Queensland Community Safety Act 2024 , was in force.\ns 900 ins 2024 No. 45 s 133J\n_____\nch 24 pt 28 (s 901) ins 2026 No. 4 s 31 (uncommenced amendment)\n(sec.900-ssec.1) This section applies in relation to an order made under section 154A before the commencement.\n(sec.900-ssec.2) The order is, and is taken to have always been, as valid as it would have been if, at the time it was made, the definition of specified person under section 149A, as amended by the Queensland Community Safety Act 2024 , was in force.","sortOrder":1601},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Indictable offences","content":"# Indictable offences","sortOrder":1602},{"sectionNumber":"sch.5-sec.1","sectionType":"section","heading":"Criminal Code","content":"### sch.5-sec.1 Criminal Code\n\nAn offence against the following provisions of the Criminal Code —\nsection 406 (Bringing stolen goods into Queensland)\nsection 544 (1) (Accessories after the fact to offences)\nsection 544 (2) or (3) (Accessories after the fact to offences) if, in the circumstances of the offence, the offence is not a three year imprisonment offence.\n- • section 406 (Bringing stolen goods into Queensland)\n- • section 544 (1) (Accessories after the fact to offences)\n- • section 544 (2) or (3) (Accessories after the fact to offences) if, in the circumstances of the offence, the offence is not a three year imprisonment offence.","sortOrder":1603},{"sectionNumber":"sch.5-sec.2","sectionType":"section","heading":null,"content":"### Section sch.5-sec.2","sortOrder":1604},{"sectionNumber":"sch.5-sec.3","sectionType":"section","heading":null,"content":"### Section sch.5-sec.3","sortOrder":1605},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Simple offences","content":"# Simple offences","sortOrder":1606},{"sectionNumber":"sch.5-sec.4","sectionType":"section","heading":"Animal Care and Protection Act 2001","content":"### sch.5-sec.4 Animal Care and Protection Act 2001\n\nAn offence against the following provisions of the Animal Care and Protection Act 2001 —\nsection 21 (Participation in prohibited event)\nsection 22 (Presence at prohibited event).\n- • section 21 (Participation in prohibited event)\n- • section 22 (Presence at prohibited event).","sortOrder":1607},{"sectionNumber":"sch.5-sec.5","sectionType":"section","heading":null,"content":"### Section sch.5-sec.5","sortOrder":1608},{"sectionNumber":"sch.5-sec.6","sectionType":"section","heading":"Criminal Proceeds Confiscation Act 2002","content":"### sch.5-sec.6 Criminal Proceeds Confiscation Act 2002\n\nAn offence against the Criminal Proceeds Confiscation Act 2002 , section 252 (Possession etc. of property suspected of being tainted property).","sortOrder":1609},{"sectionNumber":"sch.5-sec.7","sectionType":"section","heading":"Drugs Misuse Act 1986","content":"### sch.5-sec.7 Drugs Misuse Act 1986\n\nAn offence against the Drugs Misuse Act 1986 , section 10A (Possessing suspected property).","sortOrder":1610},{"sectionNumber":"sch.5-sec.8","sectionType":"section","heading":"Explosives Act 1999","content":"### sch.5-sec.8 Explosives Act 1999\n\nAn offence against the following provisions of the Explosives Act 1999 —\nsection 11 (Offence in relation to unauthorised and prohibited explosives)\nsection 34 (Authority required to possess explosives)\nsection 36 (Bringing or sending certain explosives into and out of the State)\nsection 38 (Explosive to be manufactured under authority)\nsection 42 (Unauthorised sales of explosives)\nsection 44 (Authority needed to store explosives).\n- • section 11 (Offence in relation to unauthorised and prohibited explosives)\n- • section 34 (Authority required to possess explosives)\n- • section 36 (Bringing or sending certain explosives into and out of the State)\n- • section 38 (Explosive to be manufactured under authority)\n- • section 42 (Unauthorised sales of explosives)\n- • section 44 (Authority needed to store explosives).","sortOrder":1611},{"sectionNumber":"sch.5-sec.9","sectionType":"section","heading":null,"content":"### Section sch.5-sec.9","sortOrder":1612},{"sectionNumber":"sch.5-sec.9AA","sectionType":"section","heading":"Racing Integrity Act 2016","content":"### sch.5-sec.9AA Racing Integrity Act 2016\n\nAn offence against the Racing Integrity Act 2016 , section 225 (Using an illegal betting place).","sortOrder":1613},{"sectionNumber":"sch.5-sec.9A","sectionType":"section","heading":"Summary Offences Act 2005","content":"### sch.5-sec.9A Summary Offences Act 2005\n\nAn offence against the Summary Offences Act 2005 , section 25 (Use of vehicles).","sortOrder":1614},{"sectionNumber":"sch.5-sec.10","sectionType":"section","heading":"Weapons Act 1990","content":"### sch.5-sec.10 Weapons Act 1990\n\nAn offence against the following provisions of the Weapons Act 1990 —\nsection 35 (Acquisition of weapons)\nsection 36 (Sale or disposal of weapons)\nsection 64 (Obtaining weapons by deceit)\nsection 66 (Dispatch of weapons).\n- • section 35 (Acquisition of weapons)\n- • section 36 (Sale or disposal of weapons)\n- • section 64 (Obtaining weapons by deceit)\n- • section 66 (Dispatch of weapons).","sortOrder":1615}],"analysis":{"summary":{"name":"Police Powers and Responsibilities Act 2000","slug":"police-powers-and-responsibilities-act-2000","title_id":"qld:act-2000-005","version_id":29856,"analysis_type":"summary","content_quality":"complete","complexity_score":5,"scope_assessment":{"changed":true,"description":"Substantial recent amendments: Jack's Law hand-held scanner regime (part 3A of chapter 2), digital device production and inspection orders for reportable offenders (sections 21B and 21C), protective services officer offences (sections 791A and 791B), and police assistance removal orders for non-suspect cooperators (sections 411A to 411F)."},"complexity_factors":["very large statute (over 800 sections across 24 chapters and 6 schedules)","intricate detention timeline interlocking sections 403, 405, 406, 410 and 411","twelve enumerated grounds for warrantless arrest in section 365 with cumulative reasonable-suspicion and reasonable-necessity tests","parallel forensic procedure consent and order regime in chapter 17 with safeguards by age (sections 450 and 451)","vehicle impoundment regime in chapter 4 with multiple offence categories (type 1, type 2, motorbike noise)","controlled operations and surveillance device chapters (11 and 12) with Public Interest Monitor oversight in chapter 22","use of force escalation between section 615 (default) and section 616 (lethal force in critical situations)"],"plain_english_summary":"## What this Act does\n\nThe Police Powers and Responsibilities Act 2000 (Qld) consolidates police powers and responsibilities in Queensland. Section 5 lists seven purposes including consolidating police powers, providing modern policing tools, ensuring fairness, and enabling public understanding. Section 11 says this Act prevails over inconsistent powers in other Acts, except for the Acts listed in schedule 1 (section 12) or where another Act makes express contrary provision.\n\n## How it is structured\n\nThe Act runs to 24 chapters. Chapter 2 covers general enforcement powers: roadblocks, searching persons, vehicles and public places without warrant, detection dogs, hand-held scanners (part 3A), name and address requirements (section 40), move-on directions (section 48), out-of-control events, and detention of intoxicated persons. Chapter 4 covers vehicle impoundment and forfeiture. Chapter 7 covers search warrants, crime scenes, missing person scenes, production notices and orders. Chapter 11 governs controlled operations. Chapter 14 covers arrest: section 365 sets twelve grounds for arrest without warrant. Chapter 15 governs questioning: section 403 caps initial detention at 8 hours (only 4 of which may be questioning) and section 406 sets the test for extensions. Chapter 17 covers forensic procedures and consent. Chapter 19 covers state buildings and protective services officers. Chapter 20 covers use of force, including the lethal-force trigger in section 616.\n\n## Key obligations and offences\n\nSection 7 routes officer non-compliance to the Police Service Administration Act 1990, the Crime and Corruption Act 2001, or the Criminal Code (deprivation of liberty under section 355). Section 678 requires recording of enforcement acts. Sections 808A to 808C require annual reports on intrusive powers. Section 790 makes it an offence to assault or obstruct a police officer (60 penalty units or 12 months imprisonment in or near licensed premises; otherwise 40 penalty units or 6 months). Section 791 makes it an offence to contravene a police direction; self-incrimination is a reasonable excuse except under chapter 17.\n\n## Who should read it\n\nQueensland police, criminal defence lawyers, prosecutors, motorists facing impoundment, event organisers, reportable offenders, and anyone whose interaction with police touches arrest, search, custody or use of force."},"kimi_summary":{"_metrics":{"completionTokens":818},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2000 purpose of consolidating police powers. Major additions include: vehicle impoundment/forfeiture schemes (2002, 2005, 2013), detection dog powers (2005), out-of-control event powers (2014), hand-held scanner powers for knife detection (2021, expanded 2024-2025), digital device access provisions (2016, 2020), and animal welfare directions. The original 'forced muster of stray stock' purpose (sec 5(g)) is now a minor element in a much broader public safety and crime prevention framework."},"complexity_factors":["Extensive cross-referencing to other Queensland Acts (Criminal Code, Road Use Management Act, Youth Justice Act, Confiscation Act, etc.)","Multiple nested conditional schemes — e.g., vehicle impoundment depends on 'type 1' vs 'type 2' offences, number of prior offences, whether driver is child or adult","Heavily amended over 20+ years with complex commencement provisions and transitional arrangements","Detailed procedural requirements for warrants, notices, and appeals with strict time limits","Specialised definitions throughout (e.g., 'prescribed circumstances', 'relevant period', 'reportable offender')","Multiple overlapping powers for similar situations (e.g., entry for arrest vs entry for inquiry vs entry with warrant)","Complex forfeiture and costs recovery schemes involving children, parents, and third parties","Digital device access provisions with technical definitions and multiple categories of 'specified persons'","Extensive exceptions and limitations (e.g., dwellings protected, peaceful assembly protected, certain events excluded)"],"plain_english_summary":"**What this legislation does:**\n\nThis is Queensland's **Police Powers and Responsibilities Act 2000** — a comprehensive law that sets out what police officers can and cannot do when investigating crimes, enforcing laws, and dealing with the public.\n\n**Key areas covered:**\n\n- **Entry and search powers** — when police can enter homes, businesses, and public places; when they need warrants; and what they can search for (people, vehicles, digital devices)\n- **Arrest and detention** — powers to arrest people with or without warrants, including specific rules for reportable offenders (serious sex offenders)\n- **Roadblocks and vehicle searches** — setting up roadblocks to catch suspects, searching vehicles for weapons, drugs, or evidence\n- **Detection dogs** — using sniffer dogs for drugs and explosives at events, licensed premises, and public places\n- **Hand-held scanners (\"Jack's Law\")** — scanning people for knives/weapons at shopping centres, public transport, sporting venues, and licensed premises without needing a warrant\n- **Identity requirements** — when police can demand your name, address, or age\n- **Move-on powers** — directing people to leave public places if they're causing anxiety, disorder, or disrupting events\n- **Vehicle impoundment and forfeiture** — seizing cars and motorbikes for hooning, noise offences, or serious driving crimes, with escalating penalties for repeat offenders\n- **Animal welfare** — powers to seize, care for, or destroy animals in distress\n- **Search warrants** — procedures for obtaining warrants to search premises and digital devices\n\n**Who it affects:**\nEveryone in Queensland — police officers exercising powers, and any person who might be subject to those powers. It also affects vehicle owners, animal owners, and operators of licensed premises.\n\n**Why it matters:**\nThis Act tries to balance giving police effective tools to fight crime with protecting individual rights. It requires police to act reasonably, provides safeguards (like needing senior officer approval for some actions), and creates offences for people who obstruct police or fail to comply with lawful directions."}},"importantCases":[],"_links":{"self":"/api/acts/police-powers-and-responsibilities-act-2000","history":"/api/acts/police-powers-and-responsibilities-act-2000/history","analysis":"/api/acts/police-powers-and-responsibilities-act-2000/analysis","conflicts":"/api/acts/police-powers-and-responsibilities-act-2000/conflicts","importantCases":"/api/acts/police-powers-and-responsibilities-act-2000/important-cases","documents":"/api/acts/police-powers-and-responsibilities-act-2000/documents"}}