{"id":"qld:sl-2026-0031","name":"Police Powers and Responsibilities Regulation 2026","slug":"police-powers-and-responsibilities-regulation-2026","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"31 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173649,"registerId":"qld-sl-2026-0031-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Police Powers and Responsibilities Regulation 2026 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 31 March 2026.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 12 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Impounding and immobilising motor vehicles","content":"# Impounding and immobilising motor vehicles","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Prescribed type 2 vehicle related offences","content":"## Prescribed type 2 vehicle related offences","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Prescribed type 2 vehicle related offence— Act , s 69A","content":"### sec.4 Prescribed type 2 vehicle related offence— Act , s 69A\n\nFor section 69A (2) (e) of the Act , each of the following offences against the Road Use Management Act is prescribed—\nan offence against the vehicle standards and safety regulation, section 8 (1), if the offence involves a vehicle that is defective under section 7 (1)(a), (b) or (c) of that regulation;\nan offence against the vehicle standards and safety regulation, section 18 (1), if the offence involves a modification of a vehicle mentioned in subsection (2) (c) of that section;\nan offence against the vehicle standards and safety regulation, section 19 (1);\nan offence against the vehicle standards and safety regulation, section 20 ;\nan offence against the vehicle standards and safety regulation, section 102 (1) or (2).\nFor section 69A (2) (e) of the Act , each of the following offences against the Heavy Vehicle National Law (Queensland) ( the Law ) is prescribed—\nan offence against section 60(1) of the Law, if the offence involves—\nfailing to fit a vehicle with equipment ( required equipment ) required for the vehicle in the heavy vehicle standards; or\nfitting a vehicle with required equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or\nfitting a vehicle with other equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or\nfailing to comply with the stationary noise level for a vehicle stated in the heavy vehicle standards;\nan offence against section 85 (2) of the Law;\nan offence against section 90 (1) or (3) of the Law, if the offence involves an emission control system that reduces noise emission from a vehicle;\nan offence against section 91 (1) or (2) of the Law, if the offence involves an emission control system that reduces noise emission from a vehicle.\nIn this section—\nheavy vehicle standards see section 5 of the Law.\nvehicle standards and safety regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 .\n(sec.4-ssec.1) For section 69A (2) (e) of the Act , each of the following offences against the Road Use Management Act is prescribed— an offence against the vehicle standards and safety regulation, section 8 (1), if the offence involves a vehicle that is defective under section 7 (1)(a), (b) or (c) of that regulation; an offence against the vehicle standards and safety regulation, section 18 (1), if the offence involves a modification of a vehicle mentioned in subsection (2) (c) of that section; an offence against the vehicle standards and safety regulation, section 19 (1); an offence against the vehicle standards and safety regulation, section 20 ; an offence against the vehicle standards and safety regulation, section 102 (1) or (2).\n(sec.4-ssec.2) For section 69A (2) (e) of the Act , each of the following offences against the Heavy Vehicle National Law (Queensland) ( the Law ) is prescribed— an offence against section 60(1) of the Law, if the offence involves— failing to fit a vehicle with equipment ( required equipment ) required for the vehicle in the heavy vehicle standards; or fitting a vehicle with required equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or fitting a vehicle with other equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or failing to comply with the stationary noise level for a vehicle stated in the heavy vehicle standards; an offence against section 85 (2) of the Law; an offence against section 90 (1) or (3) of the Law, if the offence involves an emission control system that reduces noise emission from a vehicle; an offence against section 91 (1) or (2) of the Law, if the offence involves an emission control system that reduces noise emission from a vehicle.\n(sec.4-ssec.3) In this section— heavy vehicle standards see section 5 of the Law. vehicle standards and safety regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 .\n- (a) an offence against the vehicle standards and safety regulation, section 8 (1), if the offence involves a vehicle that is defective under section 7 (1)(a), (b) or (c) of that regulation;\n- (b) an offence against the vehicle standards and safety regulation, section 18 (1), if the offence involves a modification of a vehicle mentioned in subsection (2) (c) of that section;\n- (c) an offence against the vehicle standards and safety regulation, section 19 (1);\n- (d) an offence against the vehicle standards and safety regulation, section 20 ;\n- (e) an offence against the vehicle standards and safety regulation, section 102 (1) or (2).\n- (a) an offence against section 60(1) of the Law, if the offence involves— (i) failing to fit a vehicle with equipment ( required equipment ) required for the vehicle in the heavy vehicle standards; or (ii) fitting a vehicle with required equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or (iii) fitting a vehicle with other equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or (iv) failing to comply with the stationary noise level for a vehicle stated in the heavy vehicle standards;\n- (i) failing to fit a vehicle with equipment ( required equipment ) required for the vehicle in the heavy vehicle standards; or\n- (ii) fitting a vehicle with required equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or\n- (iii) fitting a vehicle with other equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or\n- (iv) failing to comply with the stationary noise level for a vehicle stated in the heavy vehicle standards;\n- (b) an offence against section 85 (2) of the Law;\n- (c) an offence against section 90 (1) or (3) of the Law, if the offence involves an emission control system that reduces noise emission from a vehicle;\n- (d) an offence against section 91 (1) or (2) of the Law, if the offence involves an emission control system that reduces noise emission from a vehicle.\n- (i) failing to fit a vehicle with equipment ( required equipment ) required for the vehicle in the heavy vehicle standards; or\n- (ii) fitting a vehicle with required equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or\n- (iii) fitting a vehicle with other equipment that does not comply with the requirements for the equipment stated in the heavy vehicle standards; or\n- (iv) failing to comply with the stationary noise level for a vehicle stated in the heavy vehicle standards;","sortOrder":6},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Impounding and immobilising notices","content":"## Impounding and immobilising notices","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of division","content":"### sec.5 Application of division\n\nThis division prescribes for section 78 (4) (c) of the Act —\ninformation that must be stated on impounding notices; and\ninformation that must be stated on immobilising notices.\n- (a) information that must be stated on impounding notices; and\n- (b) information that must be stated on immobilising notices.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Impounding notices generally","content":"### sec.6 Impounding notices generally\n\nAn impounding notice for a motor vehicle that has been impounded must state the following information—\nthat the owner of the motor vehicle may be required to produce satisfactory evidence of the ownership of the motor vehicle before the motor vehicle may be recovered;\nthat the driver of the motor vehicle, if the driver is an adult, will be required to pay the costs of removing or keeping the motor vehicle;\nthat the court may, if the driver of the motor vehicle is a child who is found guilty of the offence for which the motor vehicle was impounded, order the child or the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle;\nthat the owner of the motor vehicle, if the owner was the driver of the motor vehicle when it was impounded and fails to recover the motor vehicle after the period of impounding ends, will be required to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the owner is found guilty of the offence for which the motor vehicle was impounded;\nthat the owner of the motor vehicle, if the owner was not the driver of the motor vehicle when it was impounded and fails to recover the motor vehicle after the period of impounding ends, will be required to pay the costs of keeping the motor vehicle for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice;\nthe penalty for unlawfully removing the motor vehicle from the place at which it is held;\nthe meaning of ‘found guilty of an offence’ under schedule 6 of the Act , definition found guilty .\n- (a) that the owner of the motor vehicle may be required to produce satisfactory evidence of the ownership of the motor vehicle before the motor vehicle may be recovered;\n- (b) that the driver of the motor vehicle, if the driver is an adult, will be required to pay the costs of removing or keeping the motor vehicle;\n- (c) that the court may, if the driver of the motor vehicle is a child who is found guilty of the offence for which the motor vehicle was impounded, order the child or the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle;\n- (d) that the owner of the motor vehicle, if the owner was the driver of the motor vehicle when it was impounded and fails to recover the motor vehicle after the period of impounding ends, will be required to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the owner is found guilty of the offence for which the motor vehicle was impounded;\n- (e) that the owner of the motor vehicle, if the owner was not the driver of the motor vehicle when it was impounded and fails to recover the motor vehicle after the period of impounding ends, will be required to pay the costs of keeping the motor vehicle for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice;\n- (f) the penalty for unlawfully removing the motor vehicle from the place at which it is held;\n- (g) the meaning of ‘found guilty of an offence’ under schedule 6 of the Act , definition found guilty .","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Impounding notices for second or subsequent type 1 vehicle related offence","content":"### sec.7 Impounding notices for second or subsequent type 1 vehicle related offence\n\nThis section applies if a police officer impounds a motor vehicle under section 74A (1) of the Act .\nWithout limiting section 6 , the impounding notice must also state information about—\nhow the motor vehicle may become the property of the State under section 74B (2) of the Act ; and\nhow the motor vehicle may be taken to be forfeited to the State under section 118A (3) of the Act .\n(sec.7-ssec.1) This section applies if a police officer impounds a motor vehicle under section 74A (1) of the Act .\n(sec.7-ssec.2) Without limiting section 6 , the impounding notice must also state information about— how the motor vehicle may become the property of the State under section 74B (2) of the Act ; and how the motor vehicle may be taken to be forfeited to the State under section 118A (3) of the Act .\n- (a) how the motor vehicle may become the property of the State under section 74B (2) of the Act ; and\n- (b) how the motor vehicle may be taken to be forfeited to the State under section 118A (3) of the Act .","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Impounding notices for fourth or subsequent type 2 vehicle related offence","content":"### sec.8 Impounding notices for fourth or subsequent type 2 vehicle related offence\n\nThis section applies if a police officer impounds a motor vehicle under section 74E (1) of the Act .\nWithout limiting section 6 , the impounding notice must also state information about—\nhow the motor vehicle may become the property of the State under section 74F (2) of the Act ; and\nhow the motor vehicle may be taken to be forfeited to the State under section 118A (3) of the Act .\n(sec.8-ssec.1) This section applies if a police officer impounds a motor vehicle under section 74E (1) of the Act .\n(sec.8-ssec.2) Without limiting section 6 , the impounding notice must also state information about— how the motor vehicle may become the property of the State under section 74F (2) of the Act ; and how the motor vehicle may be taken to be forfeited to the State under section 118A (3) of the Act .\n- (a) how the motor vehicle may become the property of the State under section 74F (2) of the Act ; and\n- (b) how the motor vehicle may be taken to be forfeited to the State under section 118A (3) of the Act .","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Immobilising notices","content":"### sec.9 Immobilising notices\n\nAn immobilising notice for a motor vehicle that has been immobilised must state the following information—\nthat the owner of the motor vehicle may be required to produce satisfactory evidence of the ownership of the motor vehicle before the motor vehicle may be recovered;\nthat if the motor vehicle is immobilised by the removal and confiscation of the vehicle’s number plates, the person entitled to possession of the number plates may be required to produce satisfactory evidence of the entitlement before the number plates are returned;\nthat the driver of the motor vehicle, if the driver is an adult, will be required to pay the costs of removing or keeping the motor vehicle;\nthat the court may, if the driver of the motor vehicle is a child who is found guilty of the offence for which the motor vehicle was immobilised, order the child or the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle;\nthe penalties for unlawfully operating a motor vehicle—\nduring a number plate confiscation period applying to the vehicle; or\nif an immobilising device attached to the vehicle is unlawfully removed, tampered with or modified;\nthe penalties for removing, tampering with or modifying—\na number plate confiscation notice attached to a motor vehicle; or\nan immobilising device attached to a motor vehicle;\nthe meaning of ‘found guilty of an offence’ under schedule 6 of the Act , definition found guilty .\n- (a) that the owner of the motor vehicle may be required to produce satisfactory evidence of the ownership of the motor vehicle before the motor vehicle may be recovered;\n- (b) that if the motor vehicle is immobilised by the removal and confiscation of the vehicle’s number plates, the person entitled to possession of the number plates may be required to produce satisfactory evidence of the entitlement before the number plates are returned;\n- (c) that the driver of the motor vehicle, if the driver is an adult, will be required to pay the costs of removing or keeping the motor vehicle;\n- (d) that the court may, if the driver of the motor vehicle is a child who is found guilty of the offence for which the motor vehicle was immobilised, order the child or the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle;\n- (e) the penalties for unlawfully operating a motor vehicle— (i) during a number plate confiscation period applying to the vehicle; or (ii) if an immobilising device attached to the vehicle is unlawfully removed, tampered with or modified;\n- (i) during a number plate confiscation period applying to the vehicle; or\n- (ii) if an immobilising device attached to the vehicle is unlawfully removed, tampered with or modified;\n- (f) the penalties for removing, tampering with or modifying— (i) a number plate confiscation notice attached to a motor vehicle; or (ii) an immobilising device attached to a motor vehicle;\n- (i) a number plate confiscation notice attached to a motor vehicle; or\n- (ii) an immobilising device attached to a motor vehicle;\n- (g) the meaning of ‘found guilty of an offence’ under schedule 6 of the Act , definition found guilty .\n- (i) during a number plate confiscation period applying to the vehicle; or\n- (ii) if an immobilising device attached to the vehicle is unlawfully removed, tampered with or modified;\n- (i) a number plate confiscation notice attached to a motor vehicle; or\n- (ii) an immobilising device attached to a motor vehicle;","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Prescribed quantity for minor drug offences","content":"# Prescribed quantity for minor drug offences","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prescribed quantity for minor drug offences— Act , s 378B","content":"### sec.10 Prescribed quantity for minor drug offences— Act , s 378B\n\nFor section 378B of the Act , the prescribed quantity of a dangerous drug, S4 medicine or S8 medicine is the quantity stated in schedule 1 , part 2 or 3 , column 2 opposite the drug or medicine.","sortOrder":14},{"sectionNumber":"pt.4","sectionType":"part","heading":"Forensic procedures","content":"# Forensic procedures","sortOrder":15},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"QDNA indexes","content":"## QDNA indexes","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of division","content":"### sec.11 Application of division\n\nFor section 494 (5) of the Act and schedule 6 of the Act , definition QDNA index , this division prescribes—\ntypes of QDNA indexes; and\nthe type of information that may be included in each index.\n- (a) types of QDNA indexes; and\n- (b) the type of information that may be included in each index.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"QDNA indexes","content":"### sec.12 QDNA indexes\n\nEach of the following is a type of QDNA index—\nthe crime scene index;\nthe missing persons index;\nthe serious offenders index;\nthe statistical index;\nthe suspects index;\nthe unknown deceased persons index;\nthe volunteers (limited purpose) index;\nthe volunteers (unlimited purpose) index.\n- (a) the crime scene index;\n- (b) the missing persons index;\n- (c) the serious offenders index;\n- (d) the statistical index;\n- (e) the suspects index;\n- (f) the unknown deceased persons index;\n- (g) the volunteers (limited purpose) index;\n- (h) the volunteers (unlimited purpose) index.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Crime scene index","content":"### sec.13 Crime scene index\n\nThe crime scene index is an index of results of DNA analyses, recorded in QDNA, of material that—\nis obtained from a person or thing at a crime scene; and\nis, or may be, evidence of the commission of an offence.\nIn this section—\ncrime scene means—\nany place where an offence was committed or is reasonably suspected of having been committed; or\nany place associated with, or relevant to, the commission or suspected commission of an offence.\n(sec.13-ssec.1) The crime scene index is an index of results of DNA analyses, recorded in QDNA, of material that— is obtained from a person or thing at a crime scene; and is, or may be, evidence of the commission of an offence.\n(sec.13-ssec.2) In this section— crime scene means— any place where an offence was committed or is reasonably suspected of having been committed; or any place associated with, or relevant to, the commission or suspected commission of an offence.\n- (a) is obtained from a person or thing at a crime scene; and\n- (b) is, or may be, evidence of the commission of an offence.\n- (a) any place where an offence was committed or is reasonably suspected of having been committed; or\n- (b) any place associated with, or relevant to, the commission or suspected commission of an offence.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Missing persons index","content":"### sec.14 Missing persons index\n\nThe missing persons index is an index of results of DNA analyses, recorded in QDNA, of materials that relate, or may relate, to missing persons.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Serious offenders index","content":"### sec.15 Serious offenders index\n\nThe serious offenders index is an index of results of DNA analyses, recorded in QDNA, of DNA samples taken from persons convicted of indictable offences.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Statistical index","content":"### sec.16 Statistical index\n\nThe statistical index is an index of results of DNA analyses, recorded in QDNA, of DNA samples that—\ncan not identify the persons from whom the DNA samples were taken; and\nare used only for statistical purposes.\n- (a) can not identify the persons from whom the DNA samples were taken; and\n- (b) are used only for statistical purposes.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Suspects index","content":"### sec.17 Suspects index\n\nThe suspects index is an index of results of DNA analyses, recorded in QDNA, of DNA samples taken from persons charged with, or suspected of having committed, indictable offences, including indictable offences against the law of another State or the Commonwealth.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Unknown deceased persons index","content":"### sec.18 Unknown deceased persons index\n\nThe unknown deceased persons index is an index of results of DNA analyses, recorded in QDNA, of DNA samples taken from unknown deceased persons.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Volunteers (limited purpose) index","content":"### sec.19 Volunteers (limited purpose) index\n\nThe volunteers (limited purpose) index is an index of results of DNA analyses, recorded in QDNA, of DNA samples taken from persons under forensic procedure consents, or consents obtained before 2 February 2004, that may be used for limited purposes.\nThe purposes for which the results of a DNA analysis of a DNA sample may be used is limited by the Act or the consent under which the DNA sample was taken.\n(sec.19-ssec.1) The volunteers (limited purpose) index is an index of results of DNA analyses, recorded in QDNA, of DNA samples taken from persons under forensic procedure consents, or consents obtained before 2 February 2004, that may be used for limited purposes.\n(sec.19-ssec.2) The purposes for which the results of a DNA analysis of a DNA sample may be used is limited by the Act or the consent under which the DNA sample was taken.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Volunteers (unlimited purpose) index","content":"### sec.20 Volunteers (unlimited purpose) index\n\nThe volunteers (unlimited purpose) index is an index of results of DNA analyses, recorded in QDNA, of DNA samples taken from persons under forensic procedure consents, or consents obtained before 2 February 2004, that may be used for any purpose.","sortOrder":26},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Permissible comparisons","content":"## Permissible comparisons","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Table of permissible comparisons— Act , s 494","content":"### sec.21 Table of permissible comparisons— Act , s 494\n\nFor section 494 (2) of the Act , the table in schedule 2 (the table ) is prescribed.\nThe table, and subsections (3) and (4) , state when a result of a DNA analysis in a QDNA index mentioned in the table, column 1 may be compared with the results of DNA analyses in an ACC index mentioned in any of columns 2 to 8 of the table.\nThe comparison is permitted if the word ‘yes’ appears in the entry at the intersection of the row of the table relating to the QDNA index and the column of the table relating to the ACC index.\nThe comparison is also permitted if—\nwords ‘if within purpose’ appear in the entry at the intersection of the row of the table relating to the QDNA index and the column of the table relating to the ACC index; and\nthe comparison is consistent with the purpose for which the results, or the DNA sample to which the results relate, may be used.\nSubsections (3) and (4) apply whether or not—\nthe name of the ACC index is identical to a name stated in the table, columns 2 to 8; or\nthe information in the ACC index is identical to the information in the QDNA index.\n(sec.21-ssec.1) For section 494 (2) of the Act , the table in schedule 2 (the table ) is prescribed.\n(sec.21-ssec.2) The table, and subsections (3) and (4) , state when a result of a DNA analysis in a QDNA index mentioned in the table, column 1 may be compared with the results of DNA analyses in an ACC index mentioned in any of columns 2 to 8 of the table.\n(sec.21-ssec.3) The comparison is permitted if the word ‘yes’ appears in the entry at the intersection of the row of the table relating to the QDNA index and the column of the table relating to the ACC index.\n(sec.21-ssec.4) The comparison is also permitted if— words ‘if within purpose’ appear in the entry at the intersection of the row of the table relating to the QDNA index and the column of the table relating to the ACC index; and the comparison is consistent with the purpose for which the results, or the DNA sample to which the results relate, may be used.\n(sec.21-ssec.5) Subsections (3) and (4) apply whether or not— the name of the ACC index is identical to a name stated in the table, columns 2 to 8; or the information in the ACC index is identical to the information in the QDNA index.\n- (a) words ‘if within purpose’ appear in the entry at the intersection of the row of the table relating to the QDNA index and the column of the table relating to the ACC index; and\n- (b) the comparison is consistent with the purpose for which the results, or the DNA sample to which the results relate, may be used.\n- (a) the name of the ACC index is identical to a name stated in the table, columns 2 to 8; or\n- (b) the information in the ACC index is identical to the information in the QDNA index.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Exempt comparison— Act , s 494","content":"### sec.22 Exempt comparison— Act , s 494\n\nFor section 494 (4) of the Act , each of the following comparisons is exempt—\na comparison of the results of DNA analyses made using only information recorded in QDNA;\na comparison of the results of DNA analyses made without using the ACC database.\n- (a) a comparison of the results of DNA analyses made using only information recorded in QDNA;\n- (b) a comparison of the results of DNA analyses made without using the ACC database.","sortOrder":29},{"sectionNumber":"pt.5","sectionType":"part","heading":"State buildings","content":"# State buildings","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"State buildings— Act , s 549","content":"### sec.23 State buildings— Act , s 549\n\nFor section 549 (1) (a) (ii) of the Act , each of the following buildings located on the land described in schedule 3 is prescribed—\nQueensland Cultural Centre;\nthe offices of Legal Aid Queensland.\n- (a) Queensland Cultural Centre;\n- (b) the offices of Legal Aid Queensland.","sortOrder":31},{"sectionNumber":"pt.6","sectionType":"part","heading":"Declared localities","content":"# Declared localities","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Declared localities— Act , s 604","content":"### sec.24 Declared localities— Act , s 604\n\nFor section 604 (4) of the Act , definition declared locality , each locality shown on the following maps is declared—\nMap 1—Mount Isa;\nMap 2—Cairns;\nMap 3—Townsville;\nMap 4—Inner Brisbane;\nMap 5—Logan;\nMap 6—Rockhampton;\nMap 6A—Gracemere–Rockhampton;\nMap 7—Caboolture.\nA map mentioned in this section is available for inspection on the police service website.\n- (a) Map 1—Mount Isa;\n- (b) Map 2—Cairns;\n- (c) Map 3—Townsville;\n- (d) Map 4—Inner Brisbane;\n- (e) Map 5—Logan;\n- (f) Map 6—Rockhampton;\n- (g) Map 6A—Gracemere–Rockhampton;\n- (h) Map 7—Caboolture. Note— A map mentioned in this section is available for inspection on the police service website.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Prescribed particulars— Act , s 605","content":"### sec.25 Prescribed particulars— Act , s 605\n\nFor section 605 (4) of the Act , all of the following particulars are prescribed in relation to a person released under section 605 (1) or (3) of the Act —\nthe name and address of the person, if known;\nthe person’s age and date of birth, if known;\nwhere and when the person was initially detained under section 604 of the Act ;\nthe date of the person’s release;\nif the person was released at a place of safety—\nthe place of safety; and\nthe person apparently in possession or in charge of the place of safety.\n- (a) the name and address of the person, if known;\n- (b) the person’s age and date of birth, if known;\n- (c) where and when the person was initially detained under section 604 of the Act ;\n- (d) the date of the person’s release;\n- (e) if the person was released at a place of safety— (i) the place of safety; and (ii) the person apparently in possession or in charge of the place of safety.\n- (i) the place of safety; and\n- (ii) the person apparently in possession or in charge of the place of safety.\n- (i) the place of safety; and\n- (ii) the person apparently in possession or in charge of the place of safety.","sortOrder":34},{"sectionNumber":"pt.7","sectionType":"part","heading":"Directing traffic","content":"# Directing traffic","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Directing vehicular and pedestrian traffic","content":"### sec.26 Directing vehicular and pedestrian traffic\n\nThis section prescribes for section 809 (2) (b) of the Act the way a police officer may give particular directions under section 59 of the Act to a person.\nThe police officer may give any of the following directions verbally, by signalling in a way stated in schedule 4 or by displaying a sign—\na direction to stop;\na direction to proceed;\na direction to stop at the place indicated;\na direction to move.\nA signal shown in schedule 4 may be given by using a single traffic wand to signal in a way that is as near as practicable to the signal.\nIn this section—\ntraffic wand means a device, whether or not illuminated, commonly known as a traffic wand.\n(sec.26-ssec.1) This section prescribes for section 809 (2) (b) of the Act the way a police officer may give particular directions under section 59 of the Act to a person.\n(sec.26-ssec.2) The police officer may give any of the following directions verbally, by signalling in a way stated in schedule 4 or by displaying a sign— a direction to stop; a direction to proceed; a direction to stop at the place indicated; a direction to move.\n(sec.26-ssec.3) A signal shown in schedule 4 may be given by using a single traffic wand to signal in a way that is as near as practicable to the signal.\n(sec.26-ssec.4) In this section— traffic wand means a device, whether or not illuminated, commonly known as a traffic wand.\n- (a) a direction to stop;\n- (b) a direction to proceed;\n- (c) a direction to stop at the place indicated;\n- (d) a direction to move.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Directing animal traffic","content":"### sec.27 Directing animal traffic\n\nThis section prescribes for section 809 (2) (b) of the Act the way a police officer may give particular directions under section 134 (1) of the Act to a person in charge of an animal.\nThe police officer may give any of the following directions verbally, by signalling in a way stated in schedule 4 or by displaying a sign—\na direction to stop, including, for example, a direction to stop the animal;\na direction to proceed;\na direction to stop at the place indicated;\na direction to move.\n(sec.27-ssec.1) This section prescribes for section 809 (2) (b) of the Act the way a police officer may give particular directions under section 134 (1) of the Act to a person in charge of an animal.\n(sec.27-ssec.2) The police officer may give any of the following directions verbally, by signalling in a way stated in schedule 4 or by displaying a sign— a direction to stop, including, for example, a direction to stop the animal; a direction to proceed; a direction to stop at the place indicated; a direction to move.\n- (a) a direction to stop, including, for example, a direction to stop the animal;\n- (b) a direction to proceed;\n- (c) a direction to stop at the place indicated;\n- (d) a direction to move.","sortOrder":37},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Prescribed Acts— Act , s 41","content":"### sec.28 Prescribed Acts— Act , s 41\n\nFor section 41 (g) of the Act , each Act stated in schedule 5 is prescribed.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Prescribed Acts— Act , s 799","content":"### sec.29 Prescribed Acts— Act , s 799\n\nFor section 799 (1) of the Act , each Act stated in schedule 6 is prescribed.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Corresponding law— Act , sch 6","content":"### sec.30 Corresponding law— Act , sch 6\n\nFor schedule 6 of the Act , definition corresponding law , paragraph (b) —\nan Act, or part of an Act, stated in schedule 7 , part 1 is a corresponding law for chapter 11 of the Act ; and\nan Act, or part of an Act, stated in schedule 7 , part 2 is a corresponding law for chapter 12 of the Act ; and\nan Act stated in schedule 7 , part 3 is a corresponding law for chapter 13 of the Act ; and\nan Act stated in schedule 7 , part 4 is a corresponding law for section 722 of the Act .\n- (a) an Act, or part of an Act, stated in schedule 7 , part 1 is a corresponding law for chapter 11 of the Act ; and\n- (b) an Act, or part of an Act, stated in schedule 7 , part 2 is a corresponding law for chapter 12 of the Act ; and\n- (c) an Act stated in schedule 7 , part 3 is a corresponding law for chapter 13 of the Act ; and\n- (d) an Act stated in schedule 7 , part 4 is a corresponding law for section 722 of the Act .","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Declared agency— Act , sch 6","content":"### sec.31 Declared agency— Act , sch 6\n\nFor schedule 6 of the Act , definition declared agency , each entity stated in schedule 8 is a declared agency to the extent stated in the schedule.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Legal aid organisation— Act , sch 6","content":"### sec.32 Legal aid organisation— Act , sch 6\n\nFor schedule 6 of the Act , definition legal aid organisation , paragraph (a) , the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd (ATSILS) is prescribed.\nFor schedule 6 of the Act , definition legal aid organisation , paragraph (b) , each of the following organisations is prescribed—\nthe Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd (ATSILS);\nLegal Aid within the meaning of the Legal Aid Queensland Act 1997 .\n(sec.32-ssec.1) For schedule 6 of the Act , definition legal aid organisation , paragraph (a) , the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd (ATSILS) is prescribed.\n(sec.32-ssec.2) For schedule 6 of the Act , definition legal aid organisation , paragraph (b) , each of the following organisations is prescribed— the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd (ATSILS); Legal Aid within the meaning of the Legal Aid Queensland Act 1997 .\n- (a) the Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd (ATSILS);\n- (b) Legal Aid within the meaning of the Legal Aid Queensland Act 1997 .","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Public officials— Act , sch 6","content":"### sec.33 Public officials— Act , sch 6\n\nFor schedule 6 of the Act , definition public official , paragraph (b) , an authorised person for a major event is a public official for the event during the major event period for the event.\nIn this section—\nauthorised person , for a major event, means a person appointed for the event under the Major Events Act 2014 , section 56 (1) .\nmajor event see the Major Events Act 2014 , section 7 .\nmajor event period , for a major event, see the Major Events Act 2014 , section 10 .\n(sec.33-ssec.1) For schedule 6 of the Act , definition public official , paragraph (b) , an authorised person for a major event is a public official for the event during the major event period for the event.\n(sec.33-ssec.2) In this section— authorised person , for a major event, means a person appointed for the event under the Major Events Act 2014 , section 56 (1) . major event see the Major Events Act 2014 , section 7 . major event period , for a major event, see the Major Events Act 2014 , section 10 .","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Relevant diseases— Act , sch 6","content":"### sec.34 Relevant diseases— Act , sch 6\n\nFor schedule 6 of the Act , definition relevant disease , each communicable disease mentioned in schedule 9 is prescribed.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Relevant laws— Act , sch 6","content":"### sec.35 Relevant laws— Act , sch 6\n\nFor schedule 6 of the Act , definition relevant law , each Act stated in schedule 10 is prescribed.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Responsibilities code— Act , sch 6","content":"### sec.36 Responsibilities code— Act , sch 6\n\nFor schedule 6 of the Act , definition responsibilities code , the code of responsibilities of police officers and other persons involved in the administration of the Act is set out in schedule 11 .","sortOrder":47},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal and transitional provision","content":"# Repeal and transitional provision","sortOrder":48},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Repeal","content":"### sec.37 Repeal\n\nThe Police Powers and Responsibilities Regulation 2012 , SL No. 251 is repealed.","sortOrder":50},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provision","content":"## Transitional provision","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"References to repealed regulation and repealed responsibilities code","content":"### sec.38 References to repealed regulation and repealed responsibilities code\n\nIn a document, if the context permits—\na reference to the repealed regulation may be taken to be a reference to this regulation; and\na reference to the repealed responsibilities code may be taken to be a reference to the Responsibilities Code 2026 set out in schedule 11; and\na reference to a repealed provision may be taken to be a reference to the corresponding provision to the repealed provision.\nSee also the Acts Interpretation Act 1954 , section 14H .\nIn this section—\ncorresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision.\nrepealed provision means a provision of the repealed regulation as in force immediately before the commencement.\nrepealed regulation means the repealed Police Powers and Responsibilities Regulation 2012 .\nrepealed responsibilities code means the repealed Police Responsibilities Code 2012 as in force from time to time under the repealed regulation, schedule 9.\n(sec.38-ssec.1) In a document, if the context permits— a reference to the repealed regulation may be taken to be a reference to this regulation; and a reference to the repealed responsibilities code may be taken to be a reference to the Responsibilities Code 2026 set out in schedule 11; and a reference to a repealed provision may be taken to be a reference to the corresponding provision to the repealed provision. See also the Acts Interpretation Act 1954 , section 14H .\n(sec.38-ssec.2) In this section— corresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision. repealed provision means a provision of the repealed regulation as in force immediately before the commencement. repealed regulation means the repealed Police Powers and Responsibilities Regulation 2012 . repealed responsibilities code means the repealed Police Responsibilities Code 2012 as in force from time to time under the repealed regulation, schedule 9.\n- (a) a reference to the repealed regulation may be taken to be a reference to this regulation; and\n- (b) a reference to the repealed responsibilities code may be taken to be a reference to the Responsibilities Code 2026 set out in schedule 11; and\n- (c) a reference to a repealed provision may be taken to be a reference to the corresponding provision to the repealed provision.","sortOrder":52},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":53},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Meaning of particular terms","content":"### sch.1-sec.1 Meaning of particular terms\n\nIn this schedule—\na ticket or tab , in relation to a dangerous drug, is a substance containing not more than 0.00004g of the drug that is prepared or apparently prepared to be administered as a single dose; and\na pill , tablet or capsule , in relation to a dangerous drug, is a substance containing not more than 0.7g of the drug that is prepared or apparently prepared to be administered as a single dose.\n- (a) a ticket or tab , in relation to a dangerous drug, is a substance containing not more than 0.00004g of the drug that is prepared or apparently prepared to be administered as a single dose; and\n- (b) a pill , tablet or capsule , in relation to a dangerous drug, is a substance containing not more than 0.7g of the drug that is prepared or apparently prepared to be administered as a single dose.","sortOrder":54},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Dangerous drugs","content":"# Dangerous drugs","sortOrder":55},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"S4 medicines and S8 medicines","content":"# S4 medicines and S8 medicines","sortOrder":56},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Queensland Cultural Centre","content":"# Queensland Cultural Centre","sortOrder":57},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Offices of Legal Aid Queensland","content":"# Offices of Legal Aid Queensland","sortOrder":58},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Corresponding laws for Act , chapter 11","content":"# Corresponding laws for Act , chapter 11","sortOrder":59},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Corresponding laws for Act , chapter 12","content":"# Corresponding laws for Act , chapter 12","sortOrder":60},{"sectionNumber":"sch.7-pt.3","sectionType":"part","heading":"Corresponding laws for Act , chapter 13","content":"# Corresponding laws for Act , chapter 13","sortOrder":61},{"sectionNumber":"sch.7-pt.4","sectionType":"part","heading":"Corresponding laws for Act , section 722","content":"# Corresponding laws for Act , section 722","sortOrder":62},{"sectionNumber":"sch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":63},{"sectionNumber":"sch.11-sec.1","sectionType":"section","heading":"Short title","content":"### sch.11-sec.1 Short title\n\nThis code may be cited as the Responsibilities Code 2026 .","sortOrder":64},{"sectionNumber":"sch.11-sec.2","sectionType":"section","heading":"Application of code","content":"### sch.11-sec.2 Application of code\n\nUnless this code otherwise expressly provides, this code does not apply to functions of a police officer performed in a covert way.","sortOrder":65},{"sectionNumber":"sch.11-pt.2","sectionType":"part","heading":"Responsibilities relating to search, crime scene and missing person warrants and obtaining documents","content":"# Responsibilities relating to search, crime scene and missing person warrants and obtaining documents","sortOrder":66},{"sectionNumber":"sch.11-pt.2-div.1","sectionType":"division","heading":"Search warrants","content":"## Search warrants","sortOrder":67},{"sectionNumber":"sch.11-sec.3","sectionType":"section","heading":"Applications for search warrants— Act , s 150","content":"### sch.11-sec.3 Applications for search warrants— Act , s 150\n\nThis section sets out the responsibilities of a police officer who applies for a search warrant under section 150 (1) of the Act .\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 150 (5) (a) of the Act —\na description of the place (the relevant place ) to be entered and searched; and\nif the relevant place is occupied—the name of the occupier of the relevant place, if known; and\na description of the nature of the thing to be sought under the proposed warrant; and\nif a thing to be sought under the proposed warrant is, or may be, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and\nthe name, if known, of any person suspected of being involved in the offence, suspected offence or confiscation related activity mentioned in subparagraph (iv) ; and\nif a thing to be sought under the proposed warrant is, or may be, a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 of the Act —particulars of the authorisation to impound or immobilise the vehicle; and\nif a thing to be sought under the proposed warrant is, or may be, a prohibited item—the disorderly activities reasonably believed to have taken place and are likely to take place again at the relevant place; and\nthe information or evidence being relied on to support a reasonable suspicion mentioned in section 151 (a) of the Act ; and\nif the proposed warrant relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\nfor each search warrant (a previous search warrant ) issued in the previous year in relation to the relevant place or a relevant person—\nwhen and where the previous search warrant was issued; and\nif a thing sought under the previous search warrant was, or could have been, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and\nwhether anything was seized under the previous search warrant or a proceeding relating to the previous search warrant was started.\nIf the proposed warrant will authorise a search warrant power mentioned in section 157 (2) of the Act , the police officer must, in the application, also state the reasons why it is necessary for the proposed warrant to authorise the search warrant power.\nIf the proposed warrant is to be, or may be, executed at night, the police officer must, in the application, also state the reasons why it is necessary to execute the warrant at night.\nIf the proposed warrant will order a person in possession of documents at the relevant place to give a police officer all documents of a type stated in the warrant, the police officer must also state in the application—\nthe name or position of the person; and\na description of the documents.\nIn this section—\nrelevant person , in relation to an application for a search warrant, means a person suspected of being involved in the commission of the offence or suspected offence, or the confiscation related activity, to which the application relates.\n(sch.11-sec.3-ssec.1) This section sets out the responsibilities of a police officer who applies for a search warrant under section 150 (1) of the Act .\n(sch.11-sec.3-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 150 (5) (a) of the Act — a description of the place (the relevant place ) to be entered and searched; and if the relevant place is occupied—the name of the occupier of the relevant place, if known; and a description of the nature of the thing to be sought under the proposed warrant; and if a thing to be sought under the proposed warrant is, or may be, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and the name, if known, of any person suspected of being involved in the offence, suspected offence or confiscation related activity mentioned in subparagraph (iv) ; and if a thing to be sought under the proposed warrant is, or may be, a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 of the Act —particulars of the authorisation to impound or immobilise the vehicle; and if a thing to be sought under the proposed warrant is, or may be, a prohibited item—the disorderly activities reasonably believed to have taken place and are likely to take place again at the relevant place; and the information or evidence being relied on to support a reasonable suspicion mentioned in section 151 (a) of the Act ; and if the proposed warrant relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; for each search warrant (a previous search warrant ) issued in the previous year in relation to the relevant place or a relevant person— when and where the previous search warrant was issued; and if a thing sought under the previous search warrant was, or could have been, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and whether anything was seized under the previous search warrant or a proceeding relating to the previous search warrant was started.\n(sch.11-sec.3-ssec.3) If the proposed warrant will authorise a search warrant power mentioned in section 157 (2) of the Act , the police officer must, in the application, also state the reasons why it is necessary for the proposed warrant to authorise the search warrant power.\n(sch.11-sec.3-ssec.4) If the proposed warrant is to be, or may be, executed at night, the police officer must, in the application, also state the reasons why it is necessary to execute the warrant at night.\n(sch.11-sec.3-ssec.5) If the proposed warrant will order a person in possession of documents at the relevant place to give a police officer all documents of a type stated in the warrant, the police officer must also state in the application— the name or position of the person; and a description of the documents.\n(sch.11-sec.3-ssec.6) In this section— relevant person , in relation to an application for a search warrant, means a person suspected of being involved in the commission of the offence or suspected offence, or the confiscation related activity, to which the application relates.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 150 (5) (a) of the Act — (i) a description of the place (the relevant place ) to be entered and searched; and (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and (iii) a description of the nature of the thing to be sought under the proposed warrant; and (iv) if a thing to be sought under the proposed warrant is, or may be, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and (v) the name, if known, of any person suspected of being involved in the offence, suspected offence or confiscation related activity mentioned in subparagraph (iv) ; and (vi) if a thing to be sought under the proposed warrant is, or may be, a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 of the Act —particulars of the authorisation to impound or immobilise the vehicle; and (vii) if a thing to be sought under the proposed warrant is, or may be, a prohibited item—the disorderly activities reasonably believed to have taken place and are likely to take place again at the relevant place; and (viii) the information or evidence being relied on to support a reasonable suspicion mentioned in section 151 (a) of the Act ; and (ix) if the proposed warrant relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\n- (i) a description of the place (the relevant place ) to be entered and searched; and\n- (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and\n- (iii) a description of the nature of the thing to be sought under the proposed warrant; and\n- (iv) if a thing to be sought under the proposed warrant is, or may be, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and\n- (v) the name, if known, of any person suspected of being involved in the offence, suspected offence or confiscation related activity mentioned in subparagraph (iv) ; and\n- (vi) if a thing to be sought under the proposed warrant is, or may be, a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 of the Act —particulars of the authorisation to impound or immobilise the vehicle; and\n- (vii) if a thing to be sought under the proposed warrant is, or may be, a prohibited item—the disorderly activities reasonably believed to have taken place and are likely to take place again at the relevant place; and\n- (viii) the information or evidence being relied on to support a reasonable suspicion mentioned in section 151 (a) of the Act ; and\n- (ix) if the proposed warrant relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\n- (c) for each search warrant (a previous search warrant ) issued in the previous year in relation to the relevant place or a relevant person— (i) when and where the previous search warrant was issued; and (ii) if a thing sought under the previous search warrant was, or could have been, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and (iii) whether anything was seized under the previous search warrant or a proceeding relating to the previous search warrant was started.\n- (i) when and where the previous search warrant was issued; and\n- (ii) if a thing sought under the previous search warrant was, or could have been, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and\n- (iii) whether anything was seized under the previous search warrant or a proceeding relating to the previous search warrant was started.\n- (i) a description of the place (the relevant place ) to be entered and searched; and\n- (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and\n- (iii) a description of the nature of the thing to be sought under the proposed warrant; and\n- (iv) if a thing to be sought under the proposed warrant is, or may be, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and\n- (v) the name, if known, of any person suspected of being involved in the offence, suspected offence or confiscation related activity mentioned in subparagraph (iv) ; and\n- (vi) if a thing to be sought under the proposed warrant is, or may be, a vehicle that is or is to be impounded or immobilised under chapter 4 or 22 of the Act —particulars of the authorisation to impound or immobilise the vehicle; and\n- (vii) if a thing to be sought under the proposed warrant is, or may be, a prohibited item—the disorderly activities reasonably believed to have taken place and are likely to take place again at the relevant place; and\n- (viii) the information or evidence being relied on to support a reasonable suspicion mentioned in section 151 (a) of the Act ; and\n- (ix) if the proposed warrant relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\n- (i) when and where the previous search warrant was issued; and\n- (ii) if a thing sought under the previous search warrant was, or could have been, evidence of the commission of an offence or a suspected offence, or confiscation related evidence—the offence, suspected offence or confiscation related activity; and\n- (iii) whether anything was seized under the previous search warrant or a proceeding relating to the previous search warrant was started.\n- (a) the name or position of the person; and\n- (b) a description of the documents.","sortOrder":68},{"sectionNumber":"sch.11-sec.4","sectionType":"section","heading":"Applications for post-search approval orders— Act , s 161","content":"### sch.11-sec.4 Applications for post-search approval orders— Act , s 161\n\nThis section sets out the responsibilities of a police officer who applies for a post-search approval order under section 161 (1) of the Act .\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 161 (2) of the Act —\nthe time, date and place of the search; and\nin relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence—\nthe nature of the thing; and\na description of the part 2 offence; and\nif a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and\nthe information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ;\na description of anything seized during the search;\nthe name, age and address of each person detained or searched during the search, if known;\ninformation about any proceeding started against a person, before or because of the search, for a part 2 offence forming part of the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ;\nif a person has applied for an order under section 693 or 694 of the Act in relation to a thing seized during the search—why the order should be made.\n(sch.11-sec.4-ssec.1) This section sets out the responsibilities of a police officer who applies for a post-search approval order under section 161 (1) of the Act .\n(sch.11-sec.4-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 161 (2) of the Act — the time, date and place of the search; and in relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence— the nature of the thing; and a description of the part 2 offence; and if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and the information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ; a description of anything seized during the search; the name, age and address of each person detained or searched during the search, if known; information about any proceeding started against a person, before or because of the search, for a part 2 offence forming part of the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ; if a person has applied for an order under section 693 or 694 of the Act in relation to a thing seized during the search—why the order should be made.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 161 (2) of the Act — (i) the time, date and place of the search; and (ii) in relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence— (A) the nature of the thing; and (B) a description of the part 2 offence; and (C) if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and (iii) the information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ;\n- (i) the time, date and place of the search; and\n- (ii) in relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence— (A) the nature of the thing; and (B) a description of the part 2 offence; and (C) if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and\n- (A) the nature of the thing; and\n- (B) a description of the part 2 offence; and\n- (C) if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and\n- (iii) the information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ;\n- (c) a description of anything seized during the search;\n- (d) the name, age and address of each person detained or searched during the search, if known;\n- (e) information about any proceeding started against a person, before or because of the search, for a part 2 offence forming part of the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ;\n- (f) if a person has applied for an order under section 693 or 694 of the Act in relation to a thing seized during the search—why the order should be made.\n- (i) the time, date and place of the search; and\n- (ii) in relation to a thing sought during the search that is suspected to be evidence of the commission of a part 2 offence— (A) the nature of the thing; and (B) a description of the part 2 offence; and (C) if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and\n- (A) the nature of the thing; and\n- (B) a description of the part 2 offence; and\n- (C) if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and\n- (iii) the information or evidence being relied on to support the reasonable suspicion mentioned in section 160 (1) or (2) of the Act ;\n- (A) the nature of the thing; and\n- (B) a description of the part 2 offence; and\n- (C) if a forfeiture proceeding may be started in relation to the thing—the type of forfeiture proceeding; and","sortOrder":69},{"sectionNumber":"sch.11-sec.5","sectionType":"section","heading":"Appeals against post-search approval orders— Act , s 163","content":"### sch.11-sec.5 Appeals against post-search approval orders— Act , s 163\n\nThis section sets out the responsibilities of a police officer if the police officer considers the commissioner should start an appeal under section 163 (1) of the Act .\nThe police officer must give the commissioner—\na report stating the reasons the commissioner should start the appeal; and\na copy of the application for the post-search approval to which the appeal relates; and\na copy of any transcript of the proceeding for the application; and\nan affidavit—\nattaching, as an exhibit, any document relevant to the appeal; and\nstating anything else relevant to the appeal.\n(sch.11-sec.5-ssec.1) This section sets out the responsibilities of a police officer if the police officer considers the commissioner should start an appeal under section 163 (1) of the Act .\n(sch.11-sec.5-ssec.2) The police officer must give the commissioner— a report stating the reasons the commissioner should start the appeal; and a copy of the application for the post-search approval to which the appeal relates; and a copy of any transcript of the proceeding for the application; and an affidavit— attaching, as an exhibit, any document relevant to the appeal; and stating anything else relevant to the appeal.\n- (a) a report stating the reasons the commissioner should start the appeal; and\n- (b) a copy of the application for the post-search approval to which the appeal relates; and\n- (c) a copy of any transcript of the proceeding for the application; and\n- (d) an affidavit— (i) attaching, as an exhibit, any document relevant to the appeal; and (ii) stating anything else relevant to the appeal.\n- (i) attaching, as an exhibit, any document relevant to the appeal; and\n- (ii) stating anything else relevant to the appeal.\n- (i) attaching, as an exhibit, any document relevant to the appeal; and\n- (ii) stating anything else relevant to the appeal.","sortOrder":70},{"sectionNumber":"sch.11-pt.2-div.2","sectionType":"division","heading":"Crime scene warrants","content":"## Crime scene warrants","sortOrder":71},{"sectionNumber":"sch.11-sec.6","sectionType":"section","heading":"Applications for crime scene warrants— Act , s 170","content":"### sch.11-sec.6 Applications for crime scene warrants— Act , s 170\n\nThis section sets out the responsibilities of a police officer who applies for a crime scene warrant under section 170 (1) of the Act .\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nwhether the application—\nis to establish a crime scene; or\nrelates to a crime scene established under section 165 of the Act ;\nas part of the information required under section 170 (2) of the Act —\na description of the place (the relevant place ) at which the crime scene is, or is proposed to be, established; and\nif the relevant place is occupied—the name of the occupier of the relevant place, if known; and\nthe crime scene threshold offence (the relevant offence ) for which the crime scene is, or is proposed to be, established; and\nif the relevant offence did not happen at the relevant place—when and where the relevant offence happened, if known; and\nthe reasons why it is necessary to protect the relevant place to search for and gather evidence of the commission of the relevant offence; and\nthe information or evidence being relied on to reasonably satisfy the issuer that the relevant place is a crime scene;\nif the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act — the date the notice was given;\nif the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice;\ninformation about any proceeding started against a person for the relevant offence.\n(sch.11-sec.6-ssec.1) This section sets out the responsibilities of a police officer who applies for a crime scene warrant under section 170 (1) of the Act .\n(sch.11-sec.6-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; whether the application— is to establish a crime scene; or relates to a crime scene established under section 165 of the Act ; as part of the information required under section 170 (2) of the Act — a description of the place (the relevant place ) at which the crime scene is, or is proposed to be, established; and if the relevant place is occupied—the name of the occupier of the relevant place, if known; and the crime scene threshold offence (the relevant offence ) for which the crime scene is, or is proposed to be, established; and if the relevant offence did not happen at the relevant place—when and where the relevant offence happened, if known; and the reasons why it is necessary to protect the relevant place to search for and gather evidence of the commission of the relevant offence; and the information or evidence being relied on to reasonably satisfy the issuer that the relevant place is a crime scene; if the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act — the date the notice was given; if the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice; information about any proceeding started against a person for the relevant offence.\n- (a) the officer’s name, rank, registered number and station;\n- (b) whether the application— (i) is to establish a crime scene; or (ii) relates to a crime scene established under section 165 of the Act ;\n- (i) is to establish a crime scene; or\n- (ii) relates to a crime scene established under section 165 of the Act ;\n- (c) as part of the information required under section 170 (2) of the Act — (i) a description of the place (the relevant place ) at which the crime scene is, or is proposed to be, established; and (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and (iii) the crime scene threshold offence (the relevant offence ) for which the crime scene is, or is proposed to be, established; and (iv) if the relevant offence did not happen at the relevant place—when and where the relevant offence happened, if known; and (v) the reasons why it is necessary to protect the relevant place to search for and gather evidence of the commission of the relevant offence; and (vi) the information or evidence being relied on to reasonably satisfy the issuer that the relevant place is a crime scene;\n- (i) a description of the place (the relevant place ) at which the crime scene is, or is proposed to be, established; and\n- (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and\n- (iii) the crime scene threshold offence (the relevant offence ) for which the crime scene is, or is proposed to be, established; and\n- (iv) if the relevant offence did not happen at the relevant place—when and where the relevant offence happened, if known; and\n- (v) the reasons why it is necessary to protect the relevant place to search for and gather evidence of the commission of the relevant offence; and\n- (vi) the information or evidence being relied on to reasonably satisfy the issuer that the relevant place is a crime scene;\n- (d) if the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act — the date the notice was given;\n- (e) if the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice;\n- (f) information about any proceeding started against a person for the relevant offence.\n- (i) is to establish a crime scene; or\n- (ii) relates to a crime scene established under section 165 of the Act ;\n- (i) a description of the place (the relevant place ) at which the crime scene is, or is proposed to be, established; and\n- (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and\n- (iii) the crime scene threshold offence (the relevant offence ) for which the crime scene is, or is proposed to be, established; and\n- (iv) if the relevant offence did not happen at the relevant place—when and where the relevant offence happened, if known; and\n- (v) the reasons why it is necessary to protect the relevant place to search for and gather evidence of the commission of the relevant offence; and\n- (vi) the information or evidence being relied on to reasonably satisfy the issuer that the relevant place is a crime scene;","sortOrder":72},{"sectionNumber":"sch.11-sec.7","sectionType":"section","heading":"Applications for extensions of crime scene warrants— Act , s 173","content":"### sch.11-sec.7 Applications for extensions of crime scene warrants— Act , s 173\n\nThis section sets out the responsibilities of a police officer who applies for an extension of a crime scene warrant under section 173 (2) of the Act .\nThe police officer must—\nensure the application is accompanied by a copy of the warrant; and\ninclude all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nthe date on which, and the place (the relevant place ) at which, the crime scene was established;\nif the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act —the date the notice was given;\nif the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice;\nwhat investigations have been conducted at the crime scene;\nthe period of the proposed extension;\nthe reasons why it is necessary to extend the warrant for the period proposed;\ninformation about any proceeding started against a person for the crime scene threshold offence for which the crime scene was established.\n(sch.11-sec.7-ssec.1) This section sets out the responsibilities of a police officer who applies for an extension of a crime scene warrant under section 173 (2) of the Act .\n(sch.11-sec.7-ssec.2) The police officer must— ensure the application is accompanied by a copy of the warrant; and include all of the following information in the application— the officer’s name, rank, registered number and station; the date on which, and the place (the relevant place ) at which, the crime scene was established; if the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act —the date the notice was given; if the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice; what investigations have been conducted at the crime scene; the period of the proposed extension; the reasons why it is necessary to extend the warrant for the period proposed; information about any proceeding started against a person for the crime scene threshold offence for which the crime scene was established.\n- (a) ensure the application is accompanied by a copy of the warrant; and\n- (b) include all of the following information in the application— (i) the officer’s name, rank, registered number and station; (ii) the date on which, and the place (the relevant place ) at which, the crime scene was established; (iii) if the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act —the date the notice was given; (iv) if the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice; (v) what investigations have been conducted at the crime scene; (vi) the period of the proposed extension; (vii) the reasons why it is necessary to extend the warrant for the period proposed; (viii) information about any proceeding started against a person for the crime scene threshold offence for which the crime scene was established.\n- (i) the officer’s name, rank, registered number and station;\n- (ii) the date on which, and the place (the relevant place ) at which, the crime scene was established;\n- (iii) if the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act —the date the notice was given;\n- (iv) if the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice;\n- (v) what investigations have been conducted at the crime scene;\n- (vi) the period of the proposed extension;\n- (vii) the reasons why it is necessary to extend the warrant for the period proposed;\n- (viii) information about any proceeding started against a person for the crime scene threshold offence for which the crime scene was established.\n- (i) the officer’s name, rank, registered number and station;\n- (ii) the date on which, and the place (the relevant place ) at which, the crime scene was established;\n- (iii) if the relevant place is occupied and the occupier was given a notice under section 170 (3) of the Act —the date the notice was given;\n- (iv) if the relevant place is occupied and the occupier was not given a notice under section 170 (3) of the Act —the reasons why the occupier was not given the notice;\n- (v) what investigations have been conducted at the crime scene;\n- (vi) the period of the proposed extension;\n- (vii) the reasons why it is necessary to extend the warrant for the period proposed;\n- (viii) information about any proceeding started against a person for the crime scene threshold offence for which the crime scene was established.","sortOrder":73},{"sectionNumber":"sch.11-sec.8","sectionType":"section","heading":"Authorised assistants— Act , sch 6","content":"### sch.11-sec.8 Authorised assistants— Act , sch 6\n\nFor the Act , schedule 6 , definition authorised assistant , an assistant is authorised in relation to a crime scene if—\nthe assistant is not a police officer; and\nin the opinion of the responsible officer at the crime scene, the assistant has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 176 (1) of the Act at the crime scene; and\na doctor, pathologist or forensic scientist\na photographer or fingerprint expert\nan electrician, carpenter or locksmith\na person who can operate an excavator or another machine\nthe responsible officer, or an investigating police officer, asks the assistant to exercise the power at the crime scene.\n- (a) the assistant is not a police officer; and\n- (b) in the opinion of the responsible officer at the crime scene, the assistant has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 176 (1) of the Act at the crime scene; and Examples— • a doctor, pathologist or forensic scientist • a photographer or fingerprint expert • an electrician, carpenter or locksmith • a person who can operate an excavator or another machine\n- • a doctor, pathologist or forensic scientist\n- • a photographer or fingerprint expert\n- • an electrician, carpenter or locksmith\n- • a person who can operate an excavator or another machine\n- (c) the responsible officer, or an investigating police officer, asks the assistant to exercise the power at the crime scene.\n- • a doctor, pathologist or forensic scientist\n- • a photographer or fingerprint expert\n- • an electrician, carpenter or locksmith\n- • a person who can operate an excavator or another machine","sortOrder":74},{"sectionNumber":"sch.11-pt.2-div.3","sectionType":"division","heading":"Missing person warrants","content":"## Missing person warrants","sortOrder":75},{"sectionNumber":"sch.11-sec.9","sectionType":"section","heading":"Applications for missing person warrants— Act , s 179J","content":"### sch.11-sec.9 Applications for missing person warrants— Act , s 179J\n\nThis section sets out the responsibilities of a police officer who applies for a missing person warrant under section 179J (1) of the Act .\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nwhether the application—\nis to establish a missing person scene; or\nis to confirm a missing person scene established under section 179E of the Act ;\nas part of the information required under section 179J (3) (a) of the Act —\na description of the place (the relevant place ) at which the missing person scene is, or is proposed to be, established; and\nif the relevant place is occupied—the name of the occupier of the relevant place, if known; and\nthe name of the missing person in relation to whom the missing person scene is, or is proposed to be, established; and\nthe reasons why it is necessary to protect the relevant place to search for and gather information about the disappearance of the missing person; and\nthe information or evidence being relied on to—\nsatisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and\nsupport the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ;\nif the relevant place is occupied and the occupier was given a notice under section 179J (4) of the Act —the date the notice was given;\nif the relevant place is occupied and the occupier was not given a notice under section 179J (4) of the Act —the reasons why the occupier was not given the notice;\ninformation about any proceeding started against a person in relation to the disappearance of the missing person.\n(sch.11-sec.9-ssec.1) This section sets out the responsibilities of a police officer who applies for a missing person warrant under section 179J (1) of the Act .\n(sch.11-sec.9-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; whether the application— is to establish a missing person scene; or is to confirm a missing person scene established under section 179E of the Act ; as part of the information required under section 179J (3) (a) of the Act — a description of the place (the relevant place ) at which the missing person scene is, or is proposed to be, established; and if the relevant place is occupied—the name of the occupier of the relevant place, if known; and the name of the missing person in relation to whom the missing person scene is, or is proposed to be, established; and the reasons why it is necessary to protect the relevant place to search for and gather information about the disappearance of the missing person; and the information or evidence being relied on to— satisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and support the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ; if the relevant place is occupied and the occupier was given a notice under section 179J (4) of the Act —the date the notice was given; if the relevant place is occupied and the occupier was not given a notice under section 179J (4) of the Act —the reasons why the occupier was not given the notice; information about any proceeding started against a person in relation to the disappearance of the missing person.\n- (a) the officer’s name, rank, registered number and station;\n- (b) whether the application— (i) is to establish a missing person scene; or (ii) is to confirm a missing person scene established under section 179E of the Act ;\n- (i) is to establish a missing person scene; or\n- (ii) is to confirm a missing person scene established under section 179E of the Act ;\n- (c) as part of the information required under section 179J (3) (a) of the Act — (i) a description of the place (the relevant place ) at which the missing person scene is, or is proposed to be, established; and (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and (iii) the name of the missing person in relation to whom the missing person scene is, or is proposed to be, established; and (iv) the reasons why it is necessary to protect the relevant place to search for and gather information about the disappearance of the missing person; and (v) the information or evidence being relied on to— (A) satisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and (B) support the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ;\n- (i) a description of the place (the relevant place ) at which the missing person scene is, or is proposed to be, established; and\n- (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and\n- (iii) the name of the missing person in relation to whom the missing person scene is, or is proposed to be, established; and\n- (iv) the reasons why it is necessary to protect the relevant place to search for and gather information about the disappearance of the missing person; and\n- (v) the information or evidence being relied on to— (A) satisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and (B) support the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ;\n- (A) satisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and\n- (B) support the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ;\n- (d) if the relevant place is occupied and the occupier was given a notice under section 179J (4) of the Act —the date the notice was given;\n- (e) if the relevant place is occupied and the occupier was not given a notice under section 179J (4) of the Act —the reasons why the occupier was not given the notice;\n- (f) information about any proceeding started against a person in relation to the disappearance of the missing person.\n- (i) is to establish a missing person scene; or\n- (ii) is to confirm a missing person scene established under section 179E of the Act ;\n- (i) a description of the place (the relevant place ) at which the missing person scene is, or is proposed to be, established; and\n- (ii) if the relevant place is occupied—the name of the occupier of the relevant place, if known; and\n- (iii) the name of the missing person in relation to whom the missing person scene is, or is proposed to be, established; and\n- (iv) the reasons why it is necessary to protect the relevant place to search for and gather information about the disappearance of the missing person; and\n- (v) the information or evidence being relied on to— (A) satisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and (B) support the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ;\n- (A) satisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and\n- (B) support the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ;\n- (A) satisfy the issuer of the matters mentioned in section 179K (3) (a) and (c) of the Act ; and\n- (B) support the issuer’s reasonable suspicion or belief mentioned in section 179K (3) (b) of the Act ;","sortOrder":76},{"sectionNumber":"sch.11-sec.10","sectionType":"section","heading":"Applications for extensions of missing person warrants— Act , s 179M","content":"### sch.11-sec.10 Applications for extensions of missing person warrants— Act , s 179M\n\nThis section sets out the responsibilities of a police officer who applies for an extension of a missing person warrant under section 179M (2) of the Act .\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nthe date on which, and the place (the relevant place ) at which, the missing person scene was established;\nif the relevant place is occupied and the occupier was given a notice under section 179J (4) of the Act —the date the notice was given;\nif the relevant place is occupied and the occupier was not given a notice under section 179J (4) of the Act —the reasons why the occupier was not given the notice;\nwhat investigations have been conducted at the missing person scene;\nthe period of the proposed extension;\nthe reasons why it is necessary to extend the warrant for the period proposed;\ninformation about any proceeding started against a person in relation to the disappearance of the missing person.\n(sch.11-sec.10-ssec.1) This section sets out the responsibilities of a police officer who applies for an extension of a missing person warrant under section 179M (2) of the Act .\n(sch.11-sec.10-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the date on which, and the place (the relevant place ) at which, the missing person scene was established; if the relevant place is occupied and the occupier was given a notice under section 179J (4) of the Act —the date the notice was given; if the relevant place is occupied and the occupier was not given a notice under section 179J (4) of the Act —the reasons why the occupier was not given the notice; what investigations have been conducted at the missing person scene; the period of the proposed extension; the reasons why it is necessary to extend the warrant for the period proposed; information about any proceeding started against a person in relation to the disappearance of the missing person.\n- (a) the officer’s name, rank, registered number and station;\n- (b) the date on which, and the place (the relevant place ) at which, the missing person scene was established;\n- (c) if the relevant place is occupied and the occupier was given a notice under section 179J (4) of the Act —the date the notice was given;\n- (d) if the relevant place is occupied and the occupier was not given a notice under section 179J (4) of the Act —the reasons why the occupier was not given the notice;\n- (e) what investigations have been conducted at the missing person scene;\n- (f) the period of the proposed extension;\n- (g) the reasons why it is necessary to extend the warrant for the period proposed;\n- (h) information about any proceeding started against a person in relation to the disappearance of the missing person.","sortOrder":77},{"sectionNumber":"sch.11-sec.11","sectionType":"section","heading":"Authorised assistants— Act , sch 6","content":"### sch.11-sec.11 Authorised assistants— Act , sch 6\n\nFor the Act , schedule 6 , definition authorised assistant , an assistant is authorised in relation to a missing person scene if—\nthe assistant is not a police officer; and\nin the opinion of the responsible officer for the missing person scene, the assistant has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 179P (1) of the Act at the missing person scene; and\na doctor, pathologist or forensic scientist\na photographer or fingerprint expert\nan electrician, carpenter or locksmith\na person who can operate an excavator or another machine\nthe responsible officer, or an investigating police officer, asks the assistant to exercise the power at the missing person scene.\n- (a) the assistant is not a police officer; and\n- (b) in the opinion of the responsible officer for the missing person scene, the assistant has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 179P (1) of the Act at the missing person scene; and Examples— • a doctor, pathologist or forensic scientist • a photographer or fingerprint expert • an electrician, carpenter or locksmith • a person who can operate an excavator or another machine\n- • a doctor, pathologist or forensic scientist\n- • a photographer or fingerprint expert\n- • an electrician, carpenter or locksmith\n- • a person who can operate an excavator or another machine\n- (c) the responsible officer, or an investigating police officer, asks the assistant to exercise the power at the missing person scene.\n- • a doctor, pathologist or forensic scientist\n- • a photographer or fingerprint expert\n- • an electrician, carpenter or locksmith\n- • a person who can operate an excavator or another machine","sortOrder":78},{"sectionNumber":"sch.11-pt.2-div.4","sectionType":"division","heading":"Production notices and access orders","content":"## Production notices and access orders","sortOrder":79},{"sectionNumber":"sch.11-sec.12","sectionType":"section","heading":"Applications for production notices— Act , s 180","content":"### sch.11-sec.12 Applications for production notices— Act , s 180\n\nThis section sets out the responsibilities of a police officer who applies for a production notice under section 180 (2) of the Act .\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 180 (3) (a) of the Act —\nthe name of the cash dealer to be given the notice; and\nif the proposed production notice relates to an offence, suspected offence or confiscation related activity—\nthe offence, suspected offence or confiscation related activity; and\nthe name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and\nif the proposed production notice relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; and\nthe nature of the documents sought, including, for example—\nthe subject matter of the documents; and\nthe dates on which, or the period within which, the documents were made or are suspected to have been made; and\nthe information or evidence being relied on to support a reasonable suspicion mentioned in section 181 (1) of the Act ;\nif the proposed production notice relates to an offence, suspected offence or confiscation related activity—for each production notice (a previous production notice ) issued in the previous year in relation to a person suspected of being involved in the commission of the offence or suspected offence or the confiscation related activity—\nwhen and where the previous production notice was issued; and\nthe type of offence or confiscation related activity to which the previous production notice related; and\nwhether a document produced under the previous production notice was seized; and\nif a document produced under the previous production notice was seized—whether a proceeding relating to the document was started.\n(sch.11-sec.12-ssec.1) This section sets out the responsibilities of a police officer who applies for a production notice under section 180 (2) of the Act .\n(sch.11-sec.12-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 180 (3) (a) of the Act — the name of the cash dealer to be given the notice; and if the proposed production notice relates to an offence, suspected offence or confiscation related activity— the offence, suspected offence or confiscation related activity; and the name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and if the proposed production notice relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; and the nature of the documents sought, including, for example— the subject matter of the documents; and the dates on which, or the period within which, the documents were made or are suspected to have been made; and the information or evidence being relied on to support a reasonable suspicion mentioned in section 181 (1) of the Act ; if the proposed production notice relates to an offence, suspected offence or confiscation related activity—for each production notice (a previous production notice ) issued in the previous year in relation to a person suspected of being involved in the commission of the offence or suspected offence or the confiscation related activity— when and where the previous production notice was issued; and the type of offence or confiscation related activity to which the previous production notice related; and whether a document produced under the previous production notice was seized; and if a document produced under the previous production notice was seized—whether a proceeding relating to the document was started.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 180 (3) (a) of the Act — (i) the name of the cash dealer to be given the notice; and (ii) if the proposed production notice relates to an offence, suspected offence or confiscation related activity— (A) the offence, suspected offence or confiscation related activity; and (B) the name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and (iii) if the proposed production notice relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; and (iv) the nature of the documents sought, including, for example— (A) the subject matter of the documents; and (B) the dates on which, or the period within which, the documents were made or are suspected to have been made; and (v) the information or evidence being relied on to support a reasonable suspicion mentioned in section 181 (1) of the Act ;\n- (i) the name of the cash dealer to be given the notice; and\n- (ii) if the proposed production notice relates to an offence, suspected offence or confiscation related activity— (A) the offence, suspected offence or confiscation related activity; and (B) the name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and\n- (A) the offence, suspected offence or confiscation related activity; and\n- (B) the name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and\n- (iii) if the proposed production notice relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; and\n- (iv) the nature of the documents sought, including, for example— (A) the subject matter of the documents; and (B) the dates on which, or the period within which, the documents were made or are suspected to have been made; and\n- (A) the subject matter of the documents; and\n- (B) the dates on which, or the period within which, the documents were made or are suspected to have been made; and\n- (v) the information or evidence being relied on to support a reasonable suspicion mentioned in section 181 (1) of the Act ;\n- (c) if the proposed production notice relates to an offence, suspected offence or confiscation related activity—for each production notice (a previous production notice ) issued in the previous year in relation to a person suspected of being involved in the commission of the offence or suspected offence or the confiscation related activity— (i) when and where the previous production notice was issued; and (ii) the type of offence or confiscation related activity to which the previous production notice related; and (iii) whether a document produced under the previous production notice was seized; and (iv) if a document produced under the previous production notice was seized—whether a proceeding relating to the document was started.\n- (i) when and where the previous production notice was issued; and\n- (ii) the type of offence or confiscation related activity to which the previous production notice related; and\n- (iii) whether a document produced under the previous production notice was seized; and\n- (iv) if a document produced under the previous production notice was seized—whether a proceeding relating to the document was started.\n- (i) the name of the cash dealer to be given the notice; and\n- (ii) if the proposed production notice relates to an offence, suspected offence or confiscation related activity— (A) the offence, suspected offence or confiscation related activity; and (B) the name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and\n- (A) the offence, suspected offence or confiscation related activity; and\n- (B) the name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and\n- (iii) if the proposed production notice relates to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding; and\n- (iv) the nature of the documents sought, including, for example— (A) the subject matter of the documents; and (B) the dates on which, or the period within which, the documents were made or are suspected to have been made; and\n- (A) the subject matter of the documents; and\n- (B) the dates on which, or the period within which, the documents were made or are suspected to have been made; and\n- (v) the information or evidence being relied on to support a reasonable suspicion mentioned in section 181 (1) of the Act ;\n- (A) the offence, suspected offence or confiscation related activity; and\n- (B) the name, if known, of any person, other than the cash dealer, who the officer suspects committed the offence or was involved in the confiscation related activity; and\n- (A) the subject matter of the documents; and\n- (B) the dates on which, or the period within which, the documents were made or are suspected to have been made; and\n- (i) when and where the previous production notice was issued; and\n- (ii) the type of offence or confiscation related activity to which the previous production notice related; and\n- (iii) whether a document produced under the previous production notice was seized; and\n- (iv) if a document produced under the previous production notice was seized—whether a proceeding relating to the document was started.","sortOrder":80},{"sectionNumber":"sch.11-sec.13","sectionType":"section","heading":"Applications for access orders— Act , s 185","content":"### sch.11-sec.13 Applications for access orders— Act , s 185\n\nThis section sets out the responsibilities of a police officer who applies for an access order, under section 185 (1) of the Act , for a document produced by a cash dealer under a production notice.\nThe police officer must include the following information in the application—\nthe officer’s name, rank, registered number and station;\nthe name of the cash dealer;\nthe nature of the document;\nthe person for whom, and the grounds on which, the cash dealer claims the document contains privileged communication, if known;\nthe type of access order sought;\nthe reasons why the officer should be allowed access to the document;\nwhen notice mentioned in section 185 (3) (e) of the Act was given.\nThe police officer must ensure the application is accompanied by—\na copy of the application for the production notice; and\na copy of the production notice given to the cash dealer; and\nthe sealed container or envelope containing the document.\n(sch.11-sec.13-ssec.1) This section sets out the responsibilities of a police officer who applies for an access order, under section 185 (1) of the Act , for a document produced by a cash dealer under a production notice.\n(sch.11-sec.13-ssec.2) The police officer must include the following information in the application— the officer’s name, rank, registered number and station; the name of the cash dealer; the nature of the document; the person for whom, and the grounds on which, the cash dealer claims the document contains privileged communication, if known; the type of access order sought; the reasons why the officer should be allowed access to the document; when notice mentioned in section 185 (3) (e) of the Act was given.\n(sch.11-sec.13-ssec.3) The police officer must ensure the application is accompanied by— a copy of the application for the production notice; and a copy of the production notice given to the cash dealer; and the sealed container or envelope containing the document.\n- (a) the officer’s name, rank, registered number and station;\n- (b) the name of the cash dealer;\n- (c) the nature of the document;\n- (d) the person for whom, and the grounds on which, the cash dealer claims the document contains privileged communication, if known;\n- (e) the type of access order sought;\n- (f) the reasons why the officer should be allowed access to the document;\n- (g) when notice mentioned in section 185 (3) (e) of the Act was given.\n- (a) a copy of the application for the production notice; and\n- (b) a copy of the production notice given to the cash dealer; and\n- (c) the sealed container or envelope containing the document.","sortOrder":81},{"sectionNumber":"sch.11-pt.2-div.5","sectionType":"division","heading":"Production orders","content":"## Production orders","sortOrder":82},{"sectionNumber":"sch.11-sec.14","sectionType":"section","heading":"Applications for production orders— Act , s 189","content":"### sch.11-sec.14 Applications for production orders— Act , s 189\n\nThis section sets out the responsibilities of a police officer who applies for a production order under section 189 (2) of the Act .\nThe police officer must include the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 189 (3) (a) of the Act —\nthe nature of the relevant document for the proposed production order, including, for example, the subject matter of the document; and\nthe name of the person (the named person ) who will be required to produce the relevant document; and\nthe name, if known, of the person to whom the production order will be given; and\nthe confiscation offence or serious crime related activity to which the relevant document relates; and\nthe name, if known, of the person who—\nwas found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or\nis suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and\nthe information or evidence being relied on to support a reasonable suspicion mentioned in section 189 (1) of the Act ;\nfor each production order (a previous production order ) issued within the previous year in relation to the named person—\nwhen and where the previous production order was issued; and\nhow long the previous production order was in force; and\nthe confiscation offence, or serious crime related activity, to which the relevant document for the previous production order is related; and\nhow the previous production order helped in the investigation of the confiscation offence or serious crime related activity or in any other investigation; and\ninformation about any proceeding started because of the relevant document for the previous production order.\nIn this section—\nrelevant document , for a proposed production order or previous production order, means the document that was, or will be, required to be produced under the order.\n(sch.11-sec.14-ssec.1) This section sets out the responsibilities of a police officer who applies for a production order under section 189 (2) of the Act .\n(sch.11-sec.14-ssec.2) The police officer must include the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 189 (3) (a) of the Act — the nature of the relevant document for the proposed production order, including, for example, the subject matter of the document; and the name of the person (the named person ) who will be required to produce the relevant document; and the name, if known, of the person to whom the production order will be given; and the confiscation offence or serious crime related activity to which the relevant document relates; and the name, if known, of the person who— was found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or is suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and the information or evidence being relied on to support a reasonable suspicion mentioned in section 189 (1) of the Act ; for each production order (a previous production order ) issued within the previous year in relation to the named person— when and where the previous production order was issued; and how long the previous production order was in force; and the confiscation offence, or serious crime related activity, to which the relevant document for the previous production order is related; and how the previous production order helped in the investigation of the confiscation offence or serious crime related activity or in any other investigation; and information about any proceeding started because of the relevant document for the previous production order.\n(sch.11-sec.14-ssec.3) In this section— relevant document , for a proposed production order or previous production order, means the document that was, or will be, required to be produced under the order.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 189 (3) (a) of the Act — (i) the nature of the relevant document for the proposed production order, including, for example, the subject matter of the document; and (ii) the name of the person (the named person ) who will be required to produce the relevant document; and (iii) the name, if known, of the person to whom the production order will be given; and (iv) the confiscation offence or serious crime related activity to which the relevant document relates; and (v) the name, if known, of the person who— (A) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or (B) is suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and (vi) the information or evidence being relied on to support a reasonable suspicion mentioned in section 189 (1) of the Act ;\n- (i) the nature of the relevant document for the proposed production order, including, for example, the subject matter of the document; and\n- (ii) the name of the person (the named person ) who will be required to produce the relevant document; and\n- (iii) the name, if known, of the person to whom the production order will be given; and\n- (iv) the confiscation offence or serious crime related activity to which the relevant document relates; and\n- (v) the name, if known, of the person who— (A) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or (B) is suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and\n- (A) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or\n- (B) is suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and\n- (vi) the information or evidence being relied on to support a reasonable suspicion mentioned in section 189 (1) of the Act ;\n- (c) for each production order (a previous production order ) issued within the previous year in relation to the named person— (i) when and where the previous production order was issued; and (ii) how long the previous production order was in force; and (iii) the confiscation offence, or serious crime related activity, to which the relevant document for the previous production order is related; and (iv) how the previous production order helped in the investigation of the confiscation offence or serious crime related activity or in any other investigation; and (v) information about any proceeding started because of the relevant document for the previous production order.\n- (i) when and where the previous production order was issued; and\n- (ii) how long the previous production order was in force; and\n- (iii) the confiscation offence, or serious crime related activity, to which the relevant document for the previous production order is related; and\n- (iv) how the previous production order helped in the investigation of the confiscation offence or serious crime related activity or in any other investigation; and\n- (v) information about any proceeding started because of the relevant document for the previous production order.\n- (i) the nature of the relevant document for the proposed production order, including, for example, the subject matter of the document; and\n- (ii) the name of the person (the named person ) who will be required to produce the relevant document; and\n- (iii) the name, if known, of the person to whom the production order will be given; and\n- (iv) the confiscation offence or serious crime related activity to which the relevant document relates; and\n- (v) the name, if known, of the person who— (A) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or (B) is suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and\n- (A) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or\n- (B) is suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and\n- (vi) the information or evidence being relied on to support a reasonable suspicion mentioned in section 189 (1) of the Act ;\n- (A) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in subparagraph (iv) ; or\n- (B) is suspected of having engaged in the serious crime related activity mentioned in subparagraph (iv) ; and\n- (i) when and where the previous production order was issued; and\n- (ii) how long the previous production order was in force; and\n- (iii) the confiscation offence, or serious crime related activity, to which the relevant document for the previous production order is related; and\n- (iv) how the previous production order helped in the investigation of the confiscation offence or serious crime related activity or in any other investigation; and\n- (v) information about any proceeding started because of the relevant document for the previous production order.","sortOrder":83},{"sectionNumber":"sch.11-pt.3","sectionType":"part","heading":"Responsibilities relating to gathering evidence","content":"# Responsibilities relating to gathering evidence","sortOrder":84},{"sectionNumber":"sch.11-pt.3-div.1","sectionType":"division","heading":"Monitoring orders and suspension orders","content":"## Monitoring orders and suspension orders","sortOrder":85},{"sectionNumber":"sch.11-sec.15","sectionType":"section","heading":"Applications for monitoring orders— Act , s 199","content":"### sch.11-sec.15 Applications for monitoring orders— Act , s 199\n\nThis section sets out the responsibilities of a police officer who applies for a monitoring order under section 199 of the Act .\nThe police officer must include the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 199 (2) (b) (i) of the Act —\nthe name of the financial institution that will be subject to the order; and\nthe name of the person (the named person ) to whom the order will relate; and\nthe confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and\nthe information or evidence being relied on to support a reasonable suspicion mentioned in section 200 of the Act ; and\nfor each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and\nthe type of information the financial institution will be required to give under the order;\nfor each monitoring order (a previous monitoring order ) issued in the previous year in relation to an account held with the financial institution by the named person—\nwhen and where the previous monitoring order was issued; and\nhow long the previous monitoring order was in force; and\nthe type of confiscation offence, serious crime related activity or serious crime derived property to which the previous monitoring order related; and\nhow the previous monitoring order helped in—\nthe investigation of the confiscation offence or serious crime related activity; or\nthe identification, location or quantification of the serious crime derived property; or\nany other investigation; and\ninformation about any proceeding started because of information given under the previous monitoring order.\n(sch.11-sec.15-ssec.1) This section sets out the responsibilities of a police officer who applies for a monitoring order under section 199 of the Act .\n(sch.11-sec.15-ssec.2) The police officer must include the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 199 (2) (b) (i) of the Act — the name of the financial institution that will be subject to the order; and the name of the person (the named person ) to whom the order will relate; and the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and the information or evidence being relied on to support a reasonable suspicion mentioned in section 200 of the Act ; and for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and the type of information the financial institution will be required to give under the order; for each monitoring order (a previous monitoring order ) issued in the previous year in relation to an account held with the financial institution by the named person— when and where the previous monitoring order was issued; and how long the previous monitoring order was in force; and the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous monitoring order related; and how the previous monitoring order helped in— the investigation of the confiscation offence or serious crime related activity; or the identification, location or quantification of the serious crime derived property; or any other investigation; and information about any proceeding started because of information given under the previous monitoring order.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 199 (2) (b) (i) of the Act — (i) the name of the financial institution that will be subject to the order; and (ii) the name of the person (the named person ) to whom the order will relate; and (iii) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and (iv) the information or evidence being relied on to support a reasonable suspicion mentioned in section 200 of the Act ; and (v) for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and (vi) the type of information the financial institution will be required to give under the order;\n- (i) the name of the financial institution that will be subject to the order; and\n- (ii) the name of the person (the named person ) to whom the order will relate; and\n- (iii) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and\n- (iv) the information or evidence being relied on to support a reasonable suspicion mentioned in section 200 of the Act ; and\n- (v) for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and\n- (vi) the type of information the financial institution will be required to give under the order;\n- (c) for each monitoring order (a previous monitoring order ) issued in the previous year in relation to an account held with the financial institution by the named person— (i) when and where the previous monitoring order was issued; and (ii) how long the previous monitoring order was in force; and (iii) the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous monitoring order related; and (iv) how the previous monitoring order helped in— (A) the investigation of the confiscation offence or serious crime related activity; or (B) the identification, location or quantification of the serious crime derived property; or (C) any other investigation; and (v) information about any proceeding started because of information given under the previous monitoring order.\n- (i) when and where the previous monitoring order was issued; and\n- (ii) how long the previous monitoring order was in force; and\n- (iii) the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous monitoring order related; and\n- (iv) how the previous monitoring order helped in— (A) the investigation of the confiscation offence or serious crime related activity; or (B) the identification, location or quantification of the serious crime derived property; or (C) any other investigation; and\n- (A) the investigation of the confiscation offence or serious crime related activity; or\n- (B) the identification, location or quantification of the serious crime derived property; or\n- (C) any other investigation; and\n- (v) information about any proceeding started because of information given under the previous monitoring order.\n- (i) the name of the financial institution that will be subject to the order; and\n- (ii) the name of the person (the named person ) to whom the order will relate; and\n- (iii) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and\n- (iv) the information or evidence being relied on to support a reasonable suspicion mentioned in section 200 of the Act ; and\n- (v) for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and\n- (vi) the type of information the financial institution will be required to give under the order;\n- (i) when and where the previous monitoring order was issued; and\n- (ii) how long the previous monitoring order was in force; and\n- (iii) the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous monitoring order related; and\n- (iv) how the previous monitoring order helped in— (A) the investigation of the confiscation offence or serious crime related activity; or (B) the identification, location or quantification of the serious crime derived property; or (C) any other investigation; and\n- (A) the investigation of the confiscation offence or serious crime related activity; or\n- (B) the identification, location or quantification of the serious crime derived property; or\n- (C) any other investigation; and\n- (v) information about any proceeding started because of information given under the previous monitoring order.\n- (A) the investigation of the confiscation offence or serious crime related activity; or\n- (B) the identification, location or quantification of the serious crime derived property; or\n- (C) any other investigation; and","sortOrder":86},{"sectionNumber":"sch.11-sec.16","sectionType":"section","heading":"Applications for suspension orders— Act , s 205","content":"### sch.11-sec.16 Applications for suspension orders— Act , s 205\n\nThis section sets out the responsibilities of a police officer who applies for a suspension order under section 205 of the Act .\nThe police officer must include the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 205 (2) (b) (i) of the Act —\nthe name of the financial institution that will be subject to the order; and\nthe name of the person (the named person ) in relation to whom the order will relate; and\nthe confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and\nthe information or evidence being relied on to support a reasonable suspicion mentioned in section 206 of the Act ; and\nfor each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and\nthe type of information the financial institution will be required to give under the order;\nfor each suspension order (a previous suspension order ) issued in the previous year in relation to an account held with the financial institution by the named person—\nwhen and where the previous suspension order was issued; and\nhow long the previous suspension order was in force; and\nthe type of confiscation offence, serious crime related activity or serious crime derived property to which the previous suspension order related; and\nhow the previous suspension order helped in—\nthe investigation of the confiscation offence or serious crime related activity; or\nthe identification, location or quantification of the serious crime derived property; or\nany other investigation; and\ninformation about any proceeding started because of information given under the previous suspension order.\n(sch.11-sec.16-ssec.1) This section sets out the responsibilities of a police officer who applies for a suspension order under section 205 of the Act .\n(sch.11-sec.16-ssec.2) The police officer must include the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 205 (2) (b) (i) of the Act — the name of the financial institution that will be subject to the order; and the name of the person (the named person ) in relation to whom the order will relate; and the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and the information or evidence being relied on to support a reasonable suspicion mentioned in section 206 of the Act ; and for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and the type of information the financial institution will be required to give under the order; for each suspension order (a previous suspension order ) issued in the previous year in relation to an account held with the financial institution by the named person— when and where the previous suspension order was issued; and how long the previous suspension order was in force; and the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous suspension order related; and how the previous suspension order helped in— the investigation of the confiscation offence or serious crime related activity; or the identification, location or quantification of the serious crime derived property; or any other investigation; and information about any proceeding started because of information given under the previous suspension order.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 205 (2) (b) (i) of the Act — (i) the name of the financial institution that will be subject to the order; and (ii) the name of the person (the named person ) in relation to whom the order will relate; and (iii) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and (iv) the information or evidence being relied on to support a reasonable suspicion mentioned in section 206 of the Act ; and (v) for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and (vi) the type of information the financial institution will be required to give under the order;\n- (i) the name of the financial institution that will be subject to the order; and\n- (ii) the name of the person (the named person ) in relation to whom the order will relate; and\n- (iii) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and\n- (iv) the information or evidence being relied on to support a reasonable suspicion mentioned in section 206 of the Act ; and\n- (v) for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and\n- (vi) the type of information the financial institution will be required to give under the order;\n- (c) for each suspension order (a previous suspension order ) issued in the previous year in relation to an account held with the financial institution by the named person— (i) when and where the previous suspension order was issued; and (ii) how long the previous suspension order was in force; and (iii) the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous suspension order related; and (iv) how the previous suspension order helped in— (A) the investigation of the confiscation offence or serious crime related activity; or (B) the identification, location or quantification of the serious crime derived property; or (C) any other investigation; and (v) information about any proceeding started because of information given under the previous suspension order.\n- (i) when and where the previous suspension order was issued; and\n- (ii) how long the previous suspension order was in force; and\n- (iii) the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous suspension order related; and\n- (iv) how the previous suspension order helped in— (A) the investigation of the confiscation offence or serious crime related activity; or (B) the identification, location or quantification of the serious crime derived property; or (C) any other investigation; and\n- (A) the investigation of the confiscation offence or serious crime related activity; or\n- (B) the identification, location or quantification of the serious crime derived property; or\n- (C) any other investigation; and\n- (v) information about any proceeding started because of information given under the previous suspension order.\n- (i) the name of the financial institution that will be subject to the order; and\n- (ii) the name of the person (the named person ) in relation to whom the order will relate; and\n- (iii) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; and\n- (iv) the information or evidence being relied on to support a reasonable suspicion mentioned in section 206 of the Act ; and\n- (v) for each account held with the financial institution by the named person—the name or names in which the account is, or is believed to be, held; and\n- (vi) the type of information the financial institution will be required to give under the order;\n- (i) when and where the previous suspension order was issued; and\n- (ii) how long the previous suspension order was in force; and\n- (iii) the type of confiscation offence, serious crime related activity or serious crime derived property to which the previous suspension order related; and\n- (iv) how the previous suspension order helped in— (A) the investigation of the confiscation offence or serious crime related activity; or (B) the identification, location or quantification of the serious crime derived property; or (C) any other investigation; and\n- (A) the investigation of the confiscation offence or serious crime related activity; or\n- (B) the identification, location or quantification of the serious crime derived property; or\n- (C) any other investigation; and\n- (v) information about any proceeding started because of information given under the previous suspension order.\n- (A) the investigation of the confiscation offence or serious crime related activity; or\n- (B) the identification, location or quantification of the serious crime derived property; or\n- (C) any other investigation; and","sortOrder":87},{"sectionNumber":"sch.11-pt.3-div.2","sectionType":"division","heading":"Covert searches","content":"## Covert searches","sortOrder":88},{"sectionNumber":"sch.11-sec.17","sectionType":"section","heading":"Applications for covert search warrants and extensions of covert search warrants— Act , ss 212 and 217","content":"### sch.11-sec.17 Applications for covert search warrants and extensions of covert search warrants— Act , ss 212 and 217\n\nThis section sets out the responsibilities of a police officer who applies for—\na covert search warrant under section 212 (1) of the Act ; or\nan extension of a covert search warrant under section 217 (2) of the Act .\nSee section 217 (3) of the Act for the application of sections 212 to  216 of the Act to applications for extensions of covert search warrants.\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 212 (2) (a) of the Act —\na description of the place (the relevant place ) to be entered and searched; and\nthe designated offence, organised crime or terrorism to which the application relates; and\nif the relevant place is occupied—the name of the occupier of the relevant place, and any relevant persons, if known; and\na description of the nature of the thing to be sought under the proposed warrant; and\nthe information or evidence being relied on to support a reasonable belief mentioned in section 215 (1) of the Act ;\nfor each warrant (a previous warrant ) issued in the previous year in relation to the relevant place or a relevant person—\nthe type of previous warrant; and\nwhen and where the previous warrant was issued; and\nif the previous warrant was a surveillance device warrant or covert search warrant—how long the previous warrant was in force; and\nwhether the previous warrant related to a place or person; and\nthe type of designated offence, organised crime or terrorism to which the previous warrant related; and\nwhether anything was seized under the previous warrant or a proceeding relating to the previous warrant was started; and\nif a covert search warrant or surveillance device warrant helped in relation to the investigation of the designated offence, organised crime or terrorism to which the previous warrant related—how the covert search warrant or surveillance device warrant helped the investigation.\nThe police officer must ensure that, if reasonably practicable, a lawyer approved by the commissioner—\nassists the officer to prepare the application; and\nrepresents the officer at the hearing of the application.\nIn this section—\nrelevant person , in relation to an application for a covert search warrant, means a person suspected of being involved in the designated offence, organised crime or terrorism to which the application relates.\n(sch.11-sec.17-ssec.1) This section sets out the responsibilities of a police officer who applies for— a covert search warrant under section 212 (1) of the Act ; or an extension of a covert search warrant under section 217 (2) of the Act . See section 217 (3) of the Act for the application of sections 212 to  216 of the Act to applications for extensions of covert search warrants.\n(sch.11-sec.17-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 212 (2) (a) of the Act — a description of the place (the relevant place ) to be entered and searched; and the designated offence, organised crime or terrorism to which the application relates; and if the relevant place is occupied—the name of the occupier of the relevant place, and any relevant persons, if known; and a description of the nature of the thing to be sought under the proposed warrant; and the information or evidence being relied on to support a reasonable belief mentioned in section 215 (1) of the Act ; for each warrant (a previous warrant ) issued in the previous year in relation to the relevant place or a relevant person— the type of previous warrant; and when and where the previous warrant was issued; and if the previous warrant was a surveillance device warrant or covert search warrant—how long the previous warrant was in force; and whether the previous warrant related to a place or person; and the type of designated offence, organised crime or terrorism to which the previous warrant related; and whether anything was seized under the previous warrant or a proceeding relating to the previous warrant was started; and if a covert search warrant or surveillance device warrant helped in relation to the investigation of the designated offence, organised crime or terrorism to which the previous warrant related—how the covert search warrant or surveillance device warrant helped the investigation.\n(sch.11-sec.17-ssec.3) The police officer must ensure that, if reasonably practicable, a lawyer approved by the commissioner— assists the officer to prepare the application; and represents the officer at the hearing of the application.\n(sch.11-sec.17-ssec.4) In this section— relevant person , in relation to an application for a covert search warrant, means a person suspected of being involved in the designated offence, organised crime or terrorism to which the application relates.\n- (a) a covert search warrant under section 212 (1) of the Act ; or\n- (b) an extension of a covert search warrant under section 217 (2) of the Act . Note— See section 217 (3) of the Act for the application of sections 212 to  216 of the Act to applications for extensions of covert search warrants.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 212 (2) (a) of the Act — (i) a description of the place (the relevant place ) to be entered and searched; and (ii) the designated offence, organised crime or terrorism to which the application relates; and (iii) if the relevant place is occupied—the name of the occupier of the relevant place, and any relevant persons, if known; and (iv) a description of the nature of the thing to be sought under the proposed warrant; and (v) the information or evidence being relied on to support a reasonable belief mentioned in section 215 (1) of the Act ;\n- (i) a description of the place (the relevant place ) to be entered and searched; and\n- (ii) the designated offence, organised crime or terrorism to which the application relates; and\n- (iii) if the relevant place is occupied—the name of the occupier of the relevant place, and any relevant persons, if known; and\n- (iv) a description of the nature of the thing to be sought under the proposed warrant; and\n- (v) the information or evidence being relied on to support a reasonable belief mentioned in section 215 (1) of the Act ;\n- (c) for each warrant (a previous warrant ) issued in the previous year in relation to the relevant place or a relevant person— (i) the type of previous warrant; and (ii) when and where the previous warrant was issued; and (iii) if the previous warrant was a surveillance device warrant or covert search warrant—how long the previous warrant was in force; and (iv) whether the previous warrant related to a place or person; and (v) the type of designated offence, organised crime or terrorism to which the previous warrant related; and (vi) whether anything was seized under the previous warrant or a proceeding relating to the previous warrant was started; and (vii) if a covert search warrant or surveillance device warrant helped in relation to the investigation of the designated offence, organised crime or terrorism to which the previous warrant related—how the covert search warrant or surveillance device warrant helped the investigation.\n- (i) the type of previous warrant; and\n- (ii) when and where the previous warrant was issued; and\n- (iii) if the previous warrant was a surveillance device warrant or covert search warrant—how long the previous warrant was in force; and\n- (iv) whether the previous warrant related to a place or person; and\n- (v) the type of designated offence, organised crime or terrorism to which the previous warrant related; and\n- (vi) whether anything was seized under the previous warrant or a proceeding relating to the previous warrant was started; and\n- (vii) if a covert search warrant or surveillance device warrant helped in relation to the investigation of the designated offence, organised crime or terrorism to which the previous warrant related—how the covert search warrant or surveillance device warrant helped the investigation.\n- (i) a description of the place (the relevant place ) to be entered and searched; and\n- (ii) the designated offence, organised crime or terrorism to which the application relates; and\n- (iii) if the relevant place is occupied—the name of the occupier of the relevant place, and any relevant persons, if known; and\n- (iv) a description of the nature of the thing to be sought under the proposed warrant; and\n- (v) the information or evidence being relied on to support a reasonable belief mentioned in section 215 (1) of the Act ;\n- (i) the type of previous warrant; and\n- (ii) when and where the previous warrant was issued; and\n- (iii) if the previous warrant was a surveillance device warrant or covert search warrant—how long the previous warrant was in force; and\n- (iv) whether the previous warrant related to a place or person; and\n- (v) the type of designated offence, organised crime or terrorism to which the previous warrant related; and\n- (vi) whether anything was seized under the previous warrant or a proceeding relating to the previous warrant was started; and\n- (vii) if a covert search warrant or surveillance device warrant helped in relation to the investigation of the designated offence, organised crime or terrorism to which the previous warrant related—how the covert search warrant or surveillance device warrant helped the investigation.\n- (a) assists the officer to prepare the application; and\n- (b) represents the officer at the hearing of the application.","sortOrder":89},{"sectionNumber":"sch.11-sec.18","sectionType":"section","heading":"Reports on covert searches— Act , s 220","content":"### sch.11-sec.18 Reports on covert searches— Act , s 220\n\nThis section sets out the responsibilities of a police officer who makes a report under section 220 of the Act in relation to a covert search warrant.\nThe police officer must include all of the following information in the report—\nthe officer’s name, rank, registered number and station;\nthe designated offence, organised crime related offence or terrorism to which the warrant relates;\nthe conditions imposed on the warrant;\nthe time and date on which, and the place where, the powers under the warrant were exercised;\nparticulars of how the powers under the warrant were exercised, and how the warrant was complied with, including, for example, particulars of anything seized, inspected or photographed under the warrant;\nif the officer seeks an order under section 220 (6) of the Act in relation to a thing seized or photographed under the warrant—a description of, and the reasons for seeking, the order.\nan order that anything seized and any photograph taken be retained for the purpose of the investigation of the designated offence, organised crime related offence or terrorism\nan order that anything seized and any photograph taken be retained for the purpose of a proceeding started under the Criminal Proceeds Confiscation Act 2002 relating to an offence arising out of the investigation\nan order that anything seized and any photograph taken be retained for use as evidence in the prosecution of the persons named in the application\nan order that a thing seized be destroyed in a way the commissioner considers appropriate\n(sch.11-sec.18-ssec.1) This section sets out the responsibilities of a police officer who makes a report under section 220 of the Act in relation to a covert search warrant.\n(sch.11-sec.18-ssec.2) The police officer must include all of the following information in the report— the officer’s name, rank, registered number and station; the designated offence, organised crime related offence or terrorism to which the warrant relates; the conditions imposed on the warrant; the time and date on which, and the place where, the powers under the warrant were exercised; particulars of how the powers under the warrant were exercised, and how the warrant was complied with, including, for example, particulars of anything seized, inspected or photographed under the warrant; if the officer seeks an order under section 220 (6) of the Act in relation to a thing seized or photographed under the warrant—a description of, and the reasons for seeking, the order. an order that anything seized and any photograph taken be retained for the purpose of the investigation of the designated offence, organised crime related offence or terrorism an order that anything seized and any photograph taken be retained for the purpose of a proceeding started under the Criminal Proceeds Confiscation Act 2002 relating to an offence arising out of the investigation an order that anything seized and any photograph taken be retained for use as evidence in the prosecution of the persons named in the application an order that a thing seized be destroyed in a way the commissioner considers appropriate\n- (a) the officer’s name, rank, registered number and station;\n- (b) the designated offence, organised crime related offence or terrorism to which the warrant relates;\n- (c) the conditions imposed on the warrant;\n- (d) the time and date on which, and the place where, the powers under the warrant were exercised;\n- (e) particulars of how the powers under the warrant were exercised, and how the warrant was complied with, including, for example, particulars of anything seized, inspected or photographed under the warrant;\n- (f) if the officer seeks an order under section 220 (6) of the Act in relation to a thing seized or photographed under the warrant—a description of, and the reasons for seeking, the order. Examples of orders for paragraph (f) — • an order that anything seized and any photograph taken be retained for the purpose of the investigation of the designated offence, organised crime related offence or terrorism • an order that anything seized and any photograph taken be retained for the purpose of a proceeding started under the Criminal Proceeds Confiscation Act 2002 relating to an offence arising out of the investigation • an order that anything seized and any photograph taken be retained for use as evidence in the prosecution of the persons named in the application • an order that a thing seized be destroyed in a way the commissioner considers appropriate\n- • an order that anything seized and any photograph taken be retained for the purpose of the investigation of the designated offence, organised crime related offence or terrorism\n- • an order that anything seized and any photograph taken be retained for the purpose of a proceeding started under the Criminal Proceeds Confiscation Act 2002 relating to an offence arising out of the investigation\n- • an order that anything seized and any photograph taken be retained for use as evidence in the prosecution of the persons named in the application\n- • an order that a thing seized be destroyed in a way the commissioner considers appropriate\n- • an order that anything seized and any photograph taken be retained for the purpose of the investigation of the designated offence, organised crime related offence or terrorism\n- • an order that anything seized and any photograph taken be retained for the purpose of a proceeding started under the Criminal Proceeds Confiscation Act 2002 relating to an offence arising out of the investigation\n- • an order that anything seized and any photograph taken be retained for use as evidence in the prosecution of the persons named in the application\n- • an order that a thing seized be destroyed in a way the commissioner considers appropriate","sortOrder":90},{"sectionNumber":"sch.11-pt.3-div.3","sectionType":"division","heading":"Surveillance device warrants and using surveillance devices","content":"## Surveillance device warrants and using surveillance devices","sortOrder":91},{"sectionNumber":"sch.11-sec.19","sectionType":"section","heading":"Applications for surveillance device warrants— Act , s 328","content":"### sch.11-sec.19 Applications for surveillance device warrants— Act , s 328\n\nThis section sets out the responsibilities of a senior officer who applies for a surveillance device warrant under section 328 of the Act .\nThe senior officer must ensure that, if reasonably practicable, a lawyer approved by the commissioner—\nassists the officer to prepare the application; and\nrepresents the officer at the hearing of the application.\n(sch.11-sec.19-ssec.1) This section sets out the responsibilities of a senior officer who applies for a surveillance device warrant under section 328 of the Act .\n(sch.11-sec.19-ssec.2) The senior officer must ensure that, if reasonably practicable, a lawyer approved by the commissioner— assists the officer to prepare the application; and represents the officer at the hearing of the application.\n- (a) assists the officer to prepare the application; and\n- (b) represents the officer at the hearing of the application.","sortOrder":92},{"sectionNumber":"sch.11-sec.20","sectionType":"section","heading":"Security of monitoring premises and facilities","content":"### sch.11-sec.20 Security of monitoring premises and facilities\n\nThis section sets out the responsibilities of a senior officer to whom a surveillance device warrant is issued under section 330 of the Act .\nThe senior officer must ensure the premises (the monitoring premises ) containing monitoring equipment being used under the warrant is—\ncapable of being locked; and\nhas suitable facilities for securely storing recordings made under the warrant; and\nis used in a way that prevents anyone outside the monitoring premises from hearing or seeing anything being listened to or monitored.\nThe senior officer must take reasonable steps to ensure—\nwhen the monitoring premises are unattended—\nthe premises are locked; and\nany recordings made under the warrant are securely stored at the premises or another secure place; and\nonly the following persons enter the monitoring premises—\npolice officers helping, or involved in, the investigation;\na person responsible for the management of the premises;\na person appointed by the commissioner to investigate misconduct;\nan authorised monitor;\nany other person the officer permits to be in the premises for helping in the investigation.\nThis section does not apply in relation to—\na corresponding warrant that is executed under section 349 of the Act ; or\nthe use of a surveillance device under a corresponding emergency authorisation.\nIn this section—\nauthorised monitor , in relation to a surveillance device warrant, means a person authorised by the senior officer to whom the warrant is issued to use monitoring equipment under the warrant, whether or not the senior officer is present while the person is using the equipment.\nmonitoring equipment means equipment used to electronically monitor and record information obtained through the use of a surveillance device.\n(sch.11-sec.20-ssec.1) This section sets out the responsibilities of a senior officer to whom a surveillance device warrant is issued under section 330 of the Act .\n(sch.11-sec.20-ssec.2) The senior officer must ensure the premises (the monitoring premises ) containing monitoring equipment being used under the warrant is— capable of being locked; and has suitable facilities for securely storing recordings made under the warrant; and is used in a way that prevents anyone outside the monitoring premises from hearing or seeing anything being listened to or monitored.\n(sch.11-sec.20-ssec.3) The senior officer must take reasonable steps to ensure— when the monitoring premises are unattended— the premises are locked; and any recordings made under the warrant are securely stored at the premises or another secure place; and only the following persons enter the monitoring premises— police officers helping, or involved in, the investigation; a person responsible for the management of the premises; a person appointed by the commissioner to investigate misconduct; an authorised monitor; any other person the officer permits to be in the premises for helping in the investigation.\n(sch.11-sec.20-ssec.4) This section does not apply in relation to— a corresponding warrant that is executed under section 349 of the Act ; or the use of a surveillance device under a corresponding emergency authorisation.\n(sch.11-sec.20-ssec.5) In this section— authorised monitor , in relation to a surveillance device warrant, means a person authorised by the senior officer to whom the warrant is issued to use monitoring equipment under the warrant, whether or not the senior officer is present while the person is using the equipment. monitoring equipment means equipment used to electronically monitor and record information obtained through the use of a surveillance device.\n- (a) capable of being locked; and\n- (b) has suitable facilities for securely storing recordings made under the warrant; and\n- (c) is used in a way that prevents anyone outside the monitoring premises from hearing or seeing anything being listened to or monitored.\n- (a) when the monitoring premises are unattended— (i) the premises are locked; and (ii) any recordings made under the warrant are securely stored at the premises or another secure place; and\n- (i) the premises are locked; and\n- (ii) any recordings made under the warrant are securely stored at the premises or another secure place; and\n- (b) only the following persons enter the monitoring premises— (i) police officers helping, or involved in, the investigation; (ii) a person responsible for the management of the premises; (iii) a person appointed by the commissioner to investigate misconduct; (iv) an authorised monitor; (v) any other person the officer permits to be in the premises for helping in the investigation.\n- (i) police officers helping, or involved in, the investigation;\n- (ii) a person responsible for the management of the premises;\n- (iii) a person appointed by the commissioner to investigate misconduct;\n- (iv) an authorised monitor;\n- (v) any other person the officer permits to be in the premises for helping in the investigation.\n- (i) the premises are locked; and\n- (ii) any recordings made under the warrant are securely stored at the premises or another secure place; and\n- (i) police officers helping, or involved in, the investigation;\n- (ii) a person responsible for the management of the premises;\n- (iii) a person appointed by the commissioner to investigate misconduct;\n- (iv) an authorised monitor;\n- (v) any other person the officer permits to be in the premises for helping in the investigation.\n- (a) a corresponding warrant that is executed under section 349 of the Act ; or\n- (b) the use of a surveillance device under a corresponding emergency authorisation.","sortOrder":93},{"sectionNumber":"sch.11-pt.4","sectionType":"part","heading":"Responsibilities relating to investigations and questioning for indictable offences","content":"# Responsibilities relating to investigations and questioning for indictable offences","sortOrder":94},{"sectionNumber":"sch.11-pt.4-div.1","sectionType":"division","heading":"Investigating and questioning persons about indictable offences","content":"## Investigating and questioning persons about indictable offences","sortOrder":95},{"sectionNumber":"sch.11-sec.21","sectionType":"section","heading":"Purpose of division","content":"### sch.11-sec.21 Purpose of division\n\nThis division sets out the responsibilities of a police officer in relation to investigations and questioning a person as a suspect about the person’s involvement in the commission of an indictable offence.","sortOrder":96},{"sectionNumber":"sch.11-sec.22","sectionType":"section","heading":"Definition for division","content":"### sch.11-sec.22 Definition for division\n\nIn this division—\nrequired person , in relation to the questioning of a person, means another person, other than a police officer—\nwhose presence is required, under a law, during the questioning; and\nSee, for example, section 419 (2) , 420 (4) (b) , 421 (3) (b) , 422 (2) (b) , 426 or 430 of the Act .\nwho is not excluded, under a law, from being present during the questioning.\nSee, for example, section 419 (3) , 420 (6) or 421 (5) of the Act .\n- (a) whose presence is required, under a law, during the questioning; and Note— See, for example, section 419 (2) , 420 (4) (b) , 421 (3) (b) , 422 (2) (b) , 426 or 430 of the Act .\n- (b) who is not excluded, under a law, from being present during the questioning. Note— See, for example, section 419 (3) , 420 (6) or 421 (5) of the Act .","sortOrder":97},{"sectionNumber":"sch.11-sec.23","sectionType":"section","heading":"Responsibilities when persons exercise right to remain silent","content":"### sch.11-sec.23 Responsibilities when persons exercise right to remain silent\n\nThis section applies if a person, the person’s lawyer or another required person indicates to the police officer questioning, or intending to question, the person that the person—\nif questioning has not started—does not want to answer questions; or\nif questioning has started—does not want to answer any further questions.\nThe police officer must clarify the person’s intention to exercise the person’s right to silence by asking the person—\nwhether the person does not want to answer any questions about the indictable offence or any questions generally; and\nif any further question is asked relating to the indictable offence or another offence—whether the person would not answer the question.\nIf the person confirms the person does not want to answer any questions, the police officer must not question, or continue to question, the person.\nHowever, if the person later indicates that the person is prepared to answer questions, the police officer must, before questioning or continuing to question the person, ask the person—\nwhy the person has decided to answer questions; and\nwhether a police officer, or someone else in a position of authority, has instructed or encouraged the person to answer questions.\n(sch.11-sec.23-ssec.1) This section applies if a person, the person’s lawyer or another required person indicates to the police officer questioning, or intending to question, the person that the person— if questioning has not started—does not want to answer questions; or if questioning has started—does not want to answer any further questions.\n(sch.11-sec.23-ssec.2) The police officer must clarify the person’s intention to exercise the person’s right to silence by asking the person— whether the person does not want to answer any questions about the indictable offence or any questions generally; and if any further question is asked relating to the indictable offence or another offence—whether the person would not answer the question.\n(sch.11-sec.23-ssec.3) If the person confirms the person does not want to answer any questions, the police officer must not question, or continue to question, the person.\n(sch.11-sec.23-ssec.4) However, if the person later indicates that the person is prepared to answer questions, the police officer must, before questioning or continuing to question the person, ask the person— why the person has decided to answer questions; and whether a police officer, or someone else in a position of authority, has instructed or encouraged the person to answer questions.\n- (a) if questioning has not started—does not want to answer questions; or\n- (b) if questioning has started—does not want to answer any further questions.\n- (a) whether the person does not want to answer any questions about the indictable offence or any questions generally; and\n- (b) if any further question is asked relating to the indictable offence or another offence—whether the person would not answer the question.\n- (a) why the person has decided to answer questions; and\n- (b) whether a police officer, or someone else in a position of authority, has instructed or encouraged the person to answer questions.","sortOrder":98},{"sectionNumber":"sch.11-sec.24","sectionType":"section","heading":"Applications for removal orders— Act , s 399","content":"### sch.11-sec.24 Applications for removal orders— Act , s 399\n\nThis section sets out the responsibilities of a police officer who applies for a removal order under section 399 (2) of the Act in relation to a person who is suspected of having committed an indictable offence.\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 399 (4) (b) of the Act —\nthe name and age of the person; and\nthe location of the person; and\nwhether the person is in custody—\nfor an offence that has not been dealt with; or\nunder a sentence for a term of imprisonment; or\nif the person is a child—under a detention order; and\nwhether the removal of the person into police custody is for—\nquestioning the person about the indictable offence; or\na stated investigative procedure related to the indictable offence; and\ninformation or evidence about the nature and seriousness of the indictable offence; and\ninformation or evidence being relied on to—\nsupport the suspicion mentioned in section 399 (1) of the Act ; and\nsatisfy the magistrate of the matters mentioned in section 401 of the Act ;\nwhether the person has been advised of the application.\n(sch.11-sec.24-ssec.1) This section sets out the responsibilities of a police officer who applies for a removal order under section 399 (2) of the Act in relation to a person who is suspected of having committed an indictable offence.\n(sch.11-sec.24-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 399 (4) (b) of the Act — the name and age of the person; and the location of the person; and whether the person is in custody— for an offence that has not been dealt with; or under a sentence for a term of imprisonment; or if the person is a child—under a detention order; and whether the removal of the person into police custody is for— questioning the person about the indictable offence; or a stated investigative procedure related to the indictable offence; and information or evidence about the nature and seriousness of the indictable offence; and information or evidence being relied on to— support the suspicion mentioned in section 399 (1) of the Act ; and satisfy the magistrate of the matters mentioned in section 401 of the Act ; whether the person has been advised of the application.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 399 (4) (b) of the Act — (i) the name and age of the person; and (ii) the location of the person; and (iii) whether the person is in custody— (A) for an offence that has not been dealt with; or (B) under a sentence for a term of imprisonment; or (C) if the person is a child—under a detention order; and (iv) whether the removal of the person into police custody is for— (A) questioning the person about the indictable offence; or (B) a stated investigative procedure related to the indictable offence; and (v) information or evidence about the nature and seriousness of the indictable offence; and (vi) information or evidence being relied on to— (A) support the suspicion mentioned in section 399 (1) of the Act ; and (B) satisfy the magistrate of the matters mentioned in section 401 of the Act ;\n- (i) the name and age of the person; and\n- (ii) the location of the person; and\n- (iii) whether the person is in custody— (A) for an offence that has not been dealt with; or (B) under a sentence for a term of imprisonment; or (C) if the person is a child—under a detention order; and\n- (A) for an offence that has not been dealt with; or\n- (B) under a sentence for a term of imprisonment; or\n- (C) if the person is a child—under a detention order; and\n- (iv) whether the removal of the person into police custody is for— (A) questioning the person about the indictable offence; or (B) a stated investigative procedure related to the indictable offence; and\n- (A) questioning the person about the indictable offence; or\n- (B) a stated investigative procedure related to the indictable offence; and\n- (v) information or evidence about the nature and seriousness of the indictable offence; and\n- (vi) information or evidence being relied on to— (A) support the suspicion mentioned in section 399 (1) of the Act ; and (B) satisfy the magistrate of the matters mentioned in section 401 of the Act ;\n- (A) support the suspicion mentioned in section 399 (1) of the Act ; and\n- (B) satisfy the magistrate of the matters mentioned in section 401 of the Act ;\n- (c) whether the person has been advised of the application.\n- (i) the name and age of the person; and\n- (ii) the location of the person; and\n- (iii) whether the person is in custody— (A) for an offence that has not been dealt with; or (B) under a sentence for a term of imprisonment; or (C) if the person is a child—under a detention order; and\n- (A) for an offence that has not been dealt with; or\n- (B) under a sentence for a term of imprisonment; or\n- (C) if the person is a child—under a detention order; and\n- (iv) whether the removal of the person into police custody is for— (A) questioning the person about the indictable offence; or (B) a stated investigative procedure related to the indictable offence; and\n- (A) questioning the person about the indictable offence; or\n- (B) a stated investigative procedure related to the indictable offence; and\n- (v) information or evidence about the nature and seriousness of the indictable offence; and\n- (vi) information or evidence being relied on to— (A) support the suspicion mentioned in section 399 (1) of the Act ; and (B) satisfy the magistrate of the matters mentioned in section 401 of the Act ;\n- (A) support the suspicion mentioned in section 399 (1) of the Act ; and\n- (B) satisfy the magistrate of the matters mentioned in section 401 of the Act ;\n- (A) for an offence that has not been dealt with; or\n- (B) under a sentence for a term of imprisonment; or\n- (C) if the person is a child—under a detention order; and\n- (A) questioning the person about the indictable offence; or\n- (B) a stated investigative procedure related to the indictable offence; and\n- (A) support the suspicion mentioned in section 399 (1) of the Act ; and\n- (B) satisfy the magistrate of the matters mentioned in section 401 of the Act ;","sortOrder":99},{"sectionNumber":"sch.11-sec.25","sectionType":"section","heading":"Application for extensions of detention periods— Act , s 405","content":"### sch.11-sec.25 Application for extensions of detention periods— Act , s 405\n\nThis section sets out the responsibilities of a police officer who applies under section 405 (1) of the Act for an order extending a detention period for a person detained under section 403 of the Act for the purpose of investigating or questioning the person about an indictable offence.\nBefore the application is made, the police officer must—\ntell the person, or the person’s lawyer, that the police officer intends to make the application; and\ngive the person, or the person’s lawyer, a copy of the application; and\nask the person, or the person’s lawyer, if the person—\nagrees to, or will oppose, the proposed application; and\nwill make submissions, or wishes to say anything, to the person hearing the application.\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nthe person’s name, age and address;\nwhether the person is in custody—\nfor an offence that has not been dealt with; or\nunder a sentence for a term of imprisonment; or\nif the person is a child—under a detention order;\nwhether the person is an Aboriginal person, a Torres Strait Islander person, a child, or a person with impaired capacity;\nif the person is a child—whether a parent of the person has been advised of the person’s detention;\nwhether, since the questioning or detention started, the person has asked to telephone or speak to, or has spoken to, a relative, friend, lawyer or support person;\nfor how long the person had been questioned when the detention period started;\nwhether there have been any delays to the questioning;\nthe information or evidence being relied on to satisfy the person hearing the application of the matters mentioned in section 406 (1) of the Act , including, for example—\nwhat investigations have taken place in relation to the indictable offence; and\nwhy further detention of the person is considered necessary; and\nthe period the police officer reasonably anticipates will be necessary for further questioning;\nas part of the information required under section 405 (4) of the Act —the length and purpose of the time out.\nThe police officer must tell the person hearing the application whether or not the person, or the person’s lawyer, has indicated that the person will make submissions, or wishes to say anything, to the person hearing the application.\n(sch.11-sec.25-ssec.1) This section sets out the responsibilities of a police officer who applies under section 405 (1) of the Act for an order extending a detention period for a person detained under section 403 of the Act for the purpose of investigating or questioning the person about an indictable offence.\n(sch.11-sec.25-ssec.2) Before the application is made, the police officer must— tell the person, or the person’s lawyer, that the police officer intends to make the application; and give the person, or the person’s lawyer, a copy of the application; and ask the person, or the person’s lawyer, if the person— agrees to, or will oppose, the proposed application; and will make submissions, or wishes to say anything, to the person hearing the application.\n(sch.11-sec.25-ssec.3) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the person’s name, age and address; whether the person is in custody— for an offence that has not been dealt with; or under a sentence for a term of imprisonment; or if the person is a child—under a detention order; whether the person is an Aboriginal person, a Torres Strait Islander person, a child, or a person with impaired capacity; if the person is a child—whether a parent of the person has been advised of the person’s detention; whether, since the questioning or detention started, the person has asked to telephone or speak to, or has spoken to, a relative, friend, lawyer or support person; for how long the person had been questioned when the detention period started; whether there have been any delays to the questioning; the information or evidence being relied on to satisfy the person hearing the application of the matters mentioned in section 406 (1) of the Act , including, for example— what investigations have taken place in relation to the indictable offence; and why further detention of the person is considered necessary; and the period the police officer reasonably anticipates will be necessary for further questioning; as part of the information required under section 405 (4) of the Act —the length and purpose of the time out.\n(sch.11-sec.25-ssec.4) The police officer must tell the person hearing the application whether or not the person, or the person’s lawyer, has indicated that the person will make submissions, or wishes to say anything, to the person hearing the application.\n- (a) tell the person, or the person’s lawyer, that the police officer intends to make the application; and\n- (b) give the person, or the person’s lawyer, a copy of the application; and\n- (c) ask the person, or the person’s lawyer, if the person— (i) agrees to, or will oppose, the proposed application; and (ii) will make submissions, or wishes to say anything, to the person hearing the application.\n- (i) agrees to, or will oppose, the proposed application; and\n- (ii) will make submissions, or wishes to say anything, to the person hearing the application.\n- (i) agrees to, or will oppose, the proposed application; and\n- (ii) will make submissions, or wishes to say anything, to the person hearing the application.\n- (a) the officer’s name, rank, registered number and station;\n- (b) the person’s name, age and address;\n- (c) whether the person is in custody— (i) for an offence that has not been dealt with; or (ii) under a sentence for a term of imprisonment; or (iii) if the person is a child—under a detention order;\n- (i) for an offence that has not been dealt with; or\n- (ii) under a sentence for a term of imprisonment; or\n- (iii) if the person is a child—under a detention order;\n- (d) whether the person is an Aboriginal person, a Torres Strait Islander person, a child, or a person with impaired capacity;\n- (e) if the person is a child—whether a parent of the person has been advised of the person’s detention;\n- (f) whether, since the questioning or detention started, the person has asked to telephone or speak to, or has spoken to, a relative, friend, lawyer or support person;\n- (g) for how long the person had been questioned when the detention period started;\n- (h) whether there have been any delays to the questioning;\n- (i) the information or evidence being relied on to satisfy the person hearing the application of the matters mentioned in section 406 (1) of the Act , including, for example— (i) what investigations have taken place in relation to the indictable offence; and (ii) why further detention of the person is considered necessary; and (iii) the period the police officer reasonably anticipates will be necessary for further questioning;\n- (i) what investigations have taken place in relation to the indictable offence; and\n- (ii) why further detention of the person is considered necessary; and\n- (iii) the period the police officer reasonably anticipates will be necessary for further questioning;\n- (j) as part of the information required under section 405 (4) of the Act —the length and purpose of the time out.\n- (i) for an offence that has not been dealt with; or\n- (ii) under a sentence for a term of imprisonment; or\n- (iii) if the person is a child—under a detention order;\n- (i) what investigations have taken place in relation to the indictable offence; and\n- (ii) why further detention of the person is considered necessary; and\n- (iii) the period the police officer reasonably anticipates will be necessary for further questioning;","sortOrder":100},{"sectionNumber":"sch.11-sec.26","sectionType":"section","heading":"Informing relevant persons of right to communicate with friend, relative or lawyer— Act , s 418","content":"### sch.11-sec.26 Informing relevant persons of right to communicate with friend, relative or lawyer— Act , s 418\n\nIf the police officer is required to inform a relevant person of the matters mentioned in section 418 (1) (a) or (b) of the Act , the officer must inform the person of the matters in a way substantially complying with the following statements—\n‘You have the right to telephone or speak to a friend or relative to inform that person where you are and to ask him or her to be present during questioning.\nYou also have the right to telephone or speak to a lawyer of your choice to inform the lawyer where you are and to arrange or attempt to arrange for the lawyer to be present during questioning.\nIf you want to telephone or speak to any of these people, questioning will be delayed for a reasonable time for that purpose.\nIs there anyone you wish to telephone or speak to?’.\nIf the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the meaning of the information in the person’s own words.\nIf necessary, the police officer must further explain the information.\nIf the relevant person wants to telephone or speak to a lawyer, the police officer must, without unreasonable delay, make available to the person—\nif the police officer has available a list of lawyers for the region and the person has not asked to telephone or speak to a particular lawyer—the list; or\na telephone directory for the region.\nThe police officer must not do or say anything with the intention of—\ndissuading the relevant person from obtaining legal advice; or\npersuading the relevant person to arrange for a particular lawyer to be present.\n(sch.11-sec.26-ssec.1) If the police officer is required to inform a relevant person of the matters mentioned in section 418 (1) (a) or (b) of the Act , the officer must inform the person of the matters in a way substantially complying with the following statements— ‘You have the right to telephone or speak to a friend or relative to inform that person where you are and to ask him or her to be present during questioning. You also have the right to telephone or speak to a lawyer of your choice to inform the lawyer where you are and to arrange or attempt to arrange for the lawyer to be present during questioning. If you want to telephone or speak to any of these people, questioning will be delayed for a reasonable time for that purpose. Is there anyone you wish to telephone or speak to?’.\n(sch.11-sec.26-ssec.2) If the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the meaning of the information in the person’s own words.\n(sch.11-sec.26-ssec.3) If necessary, the police officer must further explain the information.\n(sch.11-sec.26-ssec.4) If the relevant person wants to telephone or speak to a lawyer, the police officer must, without unreasonable delay, make available to the person— if the police officer has available a list of lawyers for the region and the person has not asked to telephone or speak to a particular lawyer—the list; or a telephone directory for the region.\n(sch.11-sec.26-ssec.5) The police officer must not do or say anything with the intention of— dissuading the relevant person from obtaining legal advice; or persuading the relevant person to arrange for a particular lawyer to be present.\n- (a) if the police officer has available a list of lawyers for the region and the person has not asked to telephone or speak to a particular lawyer—the list; or\n- (b) a telephone directory for the region.\n- (a) dissuading the relevant person from obtaining legal advice; or\n- (b) persuading the relevant person to arrange for a particular lawyer to be present.","sortOrder":101},{"sectionNumber":"sch.11-sec.27","sectionType":"section","heading":"Questioning Aboriginal and Torres Strait Islander peoples","content":"### sch.11-sec.27 Questioning Aboriginal and Torres Strait Islander peoples\n\nThis section applies if, under section 420 of the Act , the police officer—\nintends to question a relevant person about the person’s involvement in the commission of the indictable offence; and\nreasonably suspects the relevant person is an adult Aboriginal or Torres Strait Islander person.\nUnless the police officer already knows the relevant person, the officer must, before questioning the person about the person’s involvement in the commission of the indictable offence, establish the person’s level of education and understanding.\nWithout limiting subsection (2) , the officer may, for the purpose of establishing the relevant person’s level of education and understanding, ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer decide if the person—\nis aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and\nis capable of understanding—\nwhat is happening to the person; and\nthe questions the officer will ask the person; and\nthe person’s legal rights related to the questioning; and\nis capable of effectively communicating answers to the officer’s questions.\nIf the police officer is required by law, or otherwise considers it is necessary, to notify a representative of a legal aid organisation about the questioning of the relevant person, the police officer must inform the person of the intention to notify the legal aid organisation in a way substantially complying with the following statement—\n‘As you have not arranged for a lawyer to be present, a legal aid organisation will be notified you are here to be questioned about your involvement in the commission of an indictable offence.’.\nSee also section 420 (2) (a) and (3) of the Act .\nIf the relevant person has indicated the person does not wish to telephone or speak to a support person, or have a support person present during the questioning, the police officer must inform the person that the person may have a support person present during the questioning, in a way substantially complying with the following statements—\n‘Is there any reason why you don’t want to telephone or speak to a support person or have a person present during the questioning?\nDo you understand that arrangements can be made for a support person to be present during the questioning?\nDo you also understand that you do not have to have a support person present during the questioning?\nDo you want to have a support person present during the questioning?’.\nSee also section 420 (4) and (5) of the Act .\nIf the police officer reasonably suspects the relevant person is at a disadvantage in comparison with members of the Australian community generally, and the person has not arranged for a support person to be present during the questioning, the police officer must—\narrange for a support person to be present during the questioning; and\nunless the support person is excluded under a law from being present during the questioning, allow the support person to be present during the questioning.\n(sch.11-sec.27-ssec.1) This section applies if, under section 420 of the Act , the police officer— intends to question a relevant person about the person’s involvement in the commission of the indictable offence; and reasonably suspects the relevant person is an adult Aboriginal or Torres Strait Islander person.\n(sch.11-sec.27-ssec.2) Unless the police officer already knows the relevant person, the officer must, before questioning the person about the person’s involvement in the commission of the indictable offence, establish the person’s level of education and understanding.\n(sch.11-sec.27-ssec.3) Without limiting subsection (2) , the officer may, for the purpose of establishing the relevant person’s level of education and understanding, ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer decide if the person— is aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and is capable of understanding— what is happening to the person; and the questions the officer will ask the person; and the person’s legal rights related to the questioning; and is capable of effectively communicating answers to the officer’s questions.\n(sch.11-sec.27-ssec.4) If the police officer is required by law, or otherwise considers it is necessary, to notify a representative of a legal aid organisation about the questioning of the relevant person, the police officer must inform the person of the intention to notify the legal aid organisation in a way substantially complying with the following statement— ‘As you have not arranged for a lawyer to be present, a legal aid organisation will be notified you are here to be questioned about your involvement in the commission of an indictable offence.’. See also section 420 (2) (a) and (3) of the Act .\n(sch.11-sec.27-ssec.5) If the relevant person has indicated the person does not wish to telephone or speak to a support person, or have a support person present during the questioning, the police officer must inform the person that the person may have a support person present during the questioning, in a way substantially complying with the following statements— ‘Is there any reason why you don’t want to telephone or speak to a support person or have a person present during the questioning? Do you understand that arrangements can be made for a support person to be present during the questioning? Do you also understand that you do not have to have a support person present during the questioning? Do you want to have a support person present during the questioning?’. See also section 420 (4) and (5) of the Act .\n(sch.11-sec.27-ssec.6) If the police officer reasonably suspects the relevant person is at a disadvantage in comparison with members of the Australian community generally, and the person has not arranged for a support person to be present during the questioning, the police officer must— arrange for a support person to be present during the questioning; and unless the support person is excluded under a law from being present during the questioning, allow the support person to be present during the questioning.\n- (a) intends to question a relevant person about the person’s involvement in the commission of the indictable offence; and\n- (b) reasonably suspects the relevant person is an adult Aboriginal or Torres Strait Islander person.\n- (a) is aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and\n- (b) is capable of understanding— (i) what is happening to the person; and (ii) the questions the officer will ask the person; and (iii) the person’s legal rights related to the questioning; and\n- (i) what is happening to the person; and\n- (ii) the questions the officer will ask the person; and\n- (iii) the person’s legal rights related to the questioning; and\n- (c) is capable of effectively communicating answers to the officer’s questions.\n- (i) what is happening to the person; and\n- (ii) the questions the officer will ask the person; and\n- (iii) the person’s legal rights related to the questioning; and\n- (a) arrange for a support person to be present during the questioning; and\n- (b) unless the support person is excluded under a law from being present during the questioning, allow the support person to be present during the questioning.","sortOrder":102},{"sectionNumber":"sch.11-sec.28","sectionType":"section","heading":"Cautioning of relevant persons who are not under arrest or in custody— Act , s 431","content":"### sch.11-sec.28 Cautioning of relevant persons who are not under arrest or in custody— Act , s 431\n\nThis section prescribes for section 431 (1) of the Act the way in which a relevant person must be cautioned before the person is questioned about the person’s involvement in the commission of the indictable offence, if the person is not a person mentioned in section 398 of the Act .\nIf the police officer approaches the relevant person when not at a police station or police establishment, the police officer must caution the person in a way substantially complying with the following statements—\n‘I am (name and rank) of (name of police station or police establishment).\nI wish to question you about (briefly describe the indictable offence).\nAre you prepared to come with me to (place of questioning)?\nDo you understand that you are not under arrest and you do not have to come with me?’.\nIf the relevant person attends a police station or police establishment for questioning, the police officer must caution the person in a way substantially complying with the following statements—\n‘I am (name and rank) of (name of police station or police establishment).\nI wish to question you about (briefly describe the indictable offence).\nDid you come here of your own free will?\nDo you understand you are not under arrest?\nDo you understand you are free to leave at any time unless you are arrested?’.\n(sch.11-sec.28-ssec.1) This section prescribes for section 431 (1) of the Act the way in which a relevant person must be cautioned before the person is questioned about the person’s involvement in the commission of the indictable offence, if the person is not a person mentioned in section 398 of the Act .\n(sch.11-sec.28-ssec.2) If the police officer approaches the relevant person when not at a police station or police establishment, the police officer must caution the person in a way substantially complying with the following statements— ‘I am (name and rank) of (name of police station or police establishment). I wish to question you about (briefly describe the indictable offence). Are you prepared to come with me to (place of questioning)? Do you understand that you are not under arrest and you do not have to come with me?’.\n(sch.11-sec.28-ssec.3) If the relevant person attends a police station or police establishment for questioning, the police officer must caution the person in a way substantially complying with the following statements— ‘I am (name and rank) of (name of police station or police establishment). I wish to question you about (briefly describe the indictable offence). Did you come here of your own free will? Do you understand you are not under arrest? Do you understand you are free to leave at any time unless you are arrested?’.","sortOrder":103},{"sectionNumber":"sch.11-sec.29","sectionType":"section","heading":"Cautioning relevant persons about the right to remain silent— Act , s 431","content":"### sch.11-sec.29 Cautioning relevant persons about the right to remain silent— Act , s 431\n\nWithout limiting section 28 , this section also prescribes for section 431 (1) of the Act the way in which a relevant person must be cautioned, before the person is questioned about the person’s involvement in the commission of the indictable offence, about the person’s right to remain silent.\nThe police officer must caution the relevant person in a way substantially complying with the following statements—\n‘Before I ask you any questions I must tell you that you have the right to remain silent.\nThis means you do not have to say anything, answer any question or make any statement unless you wish to do so.\nHowever, if you do say something or make a statement, it may later be used as evidence.\nDo you understand?’.\nIf the questioning is suspended or delayed, the police officer must—\nensure the relevant person is aware the person still has the right to remain silent; and\nif necessary, caution the relevant person, in a way substantially complying with subsection (1) , when the questioning resumes.\nIf a police officer cautions a relevant person in the absence of a required person, the officer must repeat the caution in the presence of the required person.\n(sch.11-sec.29-ssec.1) Without limiting section 28 , this section also prescribes for section 431 (1) of the Act the way in which a relevant person must be cautioned, before the person is questioned about the person’s involvement in the commission of the indictable offence, about the person’s right to remain silent.\n(sch.11-sec.29-ssec.2) The police officer must caution the relevant person in a way substantially complying with the following statements— ‘Before I ask you any questions I must tell you that you have the right to remain silent. This means you do not have to say anything, answer any question or make any statement unless you wish to do so. However, if you do say something or make a statement, it may later be used as evidence. Do you understand?’.\n(sch.11-sec.29-ssec.3) If the questioning is suspended or delayed, the police officer must— ensure the relevant person is aware the person still has the right to remain silent; and if necessary, caution the relevant person, in a way substantially complying with subsection (1) , when the questioning resumes.\n(sch.11-sec.29-ssec.4) If a police officer cautions a relevant person in the absence of a required person, the officer must repeat the caution in the presence of the required person.\n- (a) ensure the relevant person is aware the person still has the right to remain silent; and\n- (b) if necessary, caution the relevant person, in a way substantially complying with subsection (1) , when the questioning resumes.","sortOrder":104},{"sectionNumber":"sch.11-sec.30","sectionType":"section","heading":"Verifying identify of persons requesting information relating to relevant persons","content":"### sch.11-sec.30 Verifying identify of persons requesting information relating to relevant persons\n\nThis section applies if, under section 432 of the Act , a relative, friend or lawyer of a relevant person (the requester ) asks a police officer for information about the person’s whereabouts.\nIf the police officer does not know the requester, the police officer—\nmust ask the requester for—\na description of the relationship between the requester and the relevant person; and\nif the requester is a relative or friend of the relevant person—the requester’s name and address; and\nif the requester is the relevant person’s lawyer—the requester’s name and place of business; and\nif the requester makes the request for information in person—proof of the requester’s identity; and\nmay ask other questions the police officer considers necessary to confirm the relationship between the requester and the relevant person.\n(sch.11-sec.30-ssec.1) This section applies if, under section 432 of the Act , a relative, friend or lawyer of a relevant person (the requester ) asks a police officer for information about the person’s whereabouts.\n(sch.11-sec.30-ssec.2) If the police officer does not know the requester, the police officer— must ask the requester for— a description of the relationship between the requester and the relevant person; and if the requester is a relative or friend of the relevant person—the requester’s name and address; and if the requester is the relevant person’s lawyer—the requester’s name and place of business; and if the requester makes the request for information in person—proof of the requester’s identity; and may ask other questions the police officer considers necessary to confirm the relationship between the requester and the relevant person.\n- (a) must ask the requester for— (i) a description of the relationship between the requester and the relevant person; and (ii) if the requester is a relative or friend of the relevant person—the requester’s name and address; and (iii) if the requester is the relevant person’s lawyer—the requester’s name and place of business; and (iv) if the requester makes the request for information in person—proof of the requester’s identity; and\n- (i) a description of the relationship between the requester and the relevant person; and\n- (ii) if the requester is a relative or friend of the relevant person—the requester’s name and address; and\n- (iii) if the requester is the relevant person’s lawyer—the requester’s name and place of business; and\n- (iv) if the requester makes the request for information in person—proof of the requester’s identity; and\n- (b) may ask other questions the police officer considers necessary to confirm the relationship between the requester and the relevant person.\n- (i) a description of the relationship between the requester and the relevant person; and\n- (ii) if the requester is a relative or friend of the relevant person—the requester’s name and address; and\n- (iii) if the requester is the relevant person’s lawyer—the requester’s name and place of business; and\n- (iv) if the requester makes the request for information in person—proof of the requester’s identity; and","sortOrder":105},{"sectionNumber":"sch.11-sec.31","sectionType":"section","heading":"Right to interpreter","content":"### sch.11-sec.31 Right to interpreter\n\nThe police officer may, for the purpose of forming a reasonable suspicion mentioned in section 433 (1) of the Act , ask a relevant person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer form the suspicion, including, for example, questions that help the officer decide if the person—\nis aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and\nis capable of understanding—\nwhat is happening to the person; and\nthe questions the officer will ask the person; and\nthe person’s legal rights related to the questioning; and\nis capable of effectively communicating answers to the officer’s questions.\nIf the presence of an interpreter is required under section 433 (2) of the Act , the police officer may ask the relevant person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer arrange for the presence of an interpreter.\n(sch.11-sec.31-ssec.1) The police officer may, for the purpose of forming a reasonable suspicion mentioned in section 433 (1) of the Act , ask a relevant person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer form the suspicion, including, for example, questions that help the officer decide if the person— is aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and is capable of understanding— what is happening to the person; and the questions the officer will ask the person; and the person’s legal rights related to the questioning; and is capable of effectively communicating answers to the officer’s questions.\n(sch.11-sec.31-ssec.2) If the presence of an interpreter is required under section 433 (2) of the Act , the police officer may ask the relevant person questions, other than questions about the person’s involvement in the commission of the indictable offence, that help the officer arrange for the presence of an interpreter.\n- (a) is aware of the reason why the person will be questioned about the person’s involvement in the commission of the indictable offence; and\n- (b) is capable of understanding— (i) what is happening to the person; and (ii) the questions the officer will ask the person; and (iii) the person’s legal rights related to the questioning; and\n- (i) what is happening to the person; and\n- (ii) the questions the officer will ask the person; and\n- (iii) the person’s legal rights related to the questioning; and\n- (c) is capable of effectively communicating answers to the officer’s questions.\n- (i) what is happening to the person; and\n- (ii) the questions the officer will ask the person; and\n- (iii) the person’s legal rights related to the questioning; and","sortOrder":106},{"sectionNumber":"sch.11-sec.32","sectionType":"section","heading":"Right of visiting foreign national to communicate with embassy or consular office","content":"### sch.11-sec.32 Right of visiting foreign national to communicate with embassy or consular office\n\nThe police officer may, for the purpose of deciding whether a relevant person is a visiting foreign national for section 434 of the Act , ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence.\nIf the police officer reasonably suspects the person is a visiting foreign national, the police officer must inform the relevant person of the person’s rights under section 434 of the Act in a way substantially complying with the following statements—\n‘Before I ask you any questions, I must tell you that you have the right to telephone, or attempt to telephone, the embassy or consular office of the country of which you are a citizen.\nDo you want to telephone your embassy or consular office?’.\nIf the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the information in the person’s own words.\nIf necessary, the police officer must further explain the information.\nIn this section—\nvisiting foreign national means a person who is not—\nan Australian citizen; or\na foreign national with a right of residence in Australia.\n(sch.11-sec.32-ssec.1) The police officer may, for the purpose of deciding whether a relevant person is a visiting foreign national for section 434 of the Act , ask the person questions, other than questions about the person’s involvement in the commission of the indictable offence.\n(sch.11-sec.32-ssec.2) If the police officer reasonably suspects the person is a visiting foreign national, the police officer must inform the relevant person of the person’s rights under section 434 of the Act in a way substantially complying with the following statements— ‘Before I ask you any questions, I must tell you that you have the right to telephone, or attempt to telephone, the embassy or consular office of the country of which you are a citizen. Do you want to telephone your embassy or consular office?’.\n(sch.11-sec.32-ssec.3) If the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the information in the person’s own words.\n(sch.11-sec.32-ssec.4) If necessary, the police officer must further explain the information.\n(sch.11-sec.32-ssec.5) In this section— visiting foreign national means a person who is not— an Australian citizen; or a foreign national with a right of residence in Australia.\n- (a) an Australian citizen; or\n- (b) a foreign national with a right of residence in Australia.","sortOrder":107},{"sectionNumber":"sch.11-sec.33","sectionType":"section","heading":"Written records when information cannot be electronically recorded","content":"### sch.11-sec.33 Written records when information cannot be electronically recorded\n\nThis section applies if, under section 435 of the Act , it is not practicable for the police officer to electronically record—\nthe giving of information to a relevant person; or\nthe response of a relevant person.\nThe police officer must—\nmake a written record, of the giving of the information and the response, in English, whether or not the information or response was given through an interpreter; and\nas soon as practicable after making the written record—\ngive the relevant person an explanation, complying with section 34 , of the procedure for reading back the written record; and\nafter giving the relevant person the explanation mentioned in subparagraph (i) , read the written record to the person—\nin English; and\nif the person used another language to give the response—the language the person used; and\nafter reading the written record to the relevant person, give the person a copy of the written record.\nDuring and after the reading of the written record to the relevant person, the police officer must give the person the opportunity to draw attention to any error in, or omission from, the written record.\nThe police officer must electronically record—\nthe reading of the written record under subsection (2) (b) (ii) ; and\neverything said by or to the relevant person during the reading of the written record; and\nanything else done to comply with this section.\n(sch.11-sec.33-ssec.1) This section applies if, under section 435 of the Act , it is not practicable for the police officer to electronically record— the giving of information to a relevant person; or the response of a relevant person.\n(sch.11-sec.33-ssec.2) The police officer must— make a written record, of the giving of the information and the response, in English, whether or not the information or response was given through an interpreter; and as soon as practicable after making the written record— give the relevant person an explanation, complying with section 34 , of the procedure for reading back the written record; and after giving the relevant person the explanation mentioned in subparagraph (i) , read the written record to the person— in English; and if the person used another language to give the response—the language the person used; and after reading the written record to the relevant person, give the person a copy of the written record.\n(sch.11-sec.33-ssec.3) During and after the reading of the written record to the relevant person, the police officer must give the person the opportunity to draw attention to any error in, or omission from, the written record.\n(sch.11-sec.33-ssec.4) The police officer must electronically record— the reading of the written record under subsection (2) (b) (ii) ; and everything said by or to the relevant person during the reading of the written record; and anything else done to comply with this section.\n- (a) the giving of information to a relevant person; or\n- (b) the response of a relevant person.\n- (a) make a written record, of the giving of the information and the response, in English, whether or not the information or response was given through an interpreter; and\n- (b) as soon as practicable after making the written record— (i) give the relevant person an explanation, complying with section 34 , of the procedure for reading back the written record; and (ii) after giving the relevant person the explanation mentioned in subparagraph (i) , read the written record to the person— (A) in English; and (B) if the person used another language to give the response—the language the person used; and (iii) after reading the written record to the relevant person, give the person a copy of the written record.\n- (i) give the relevant person an explanation, complying with section 34 , of the procedure for reading back the written record; and\n- (ii) after giving the relevant person the explanation mentioned in subparagraph (i) , read the written record to the person— (A) in English; and (B) if the person used another language to give the response—the language the person used; and\n- (A) in English; and\n- (B) if the person used another language to give the response—the language the person used; and\n- (iii) after reading the written record to the relevant person, give the person a copy of the written record.\n- (i) give the relevant person an explanation, complying with section 34 , of the procedure for reading back the written record; and\n- (ii) after giving the relevant person the explanation mentioned in subparagraph (i) , read the written record to the person— (A) in English; and (B) if the person used another language to give the response—the language the person used; and\n- (A) in English; and\n- (B) if the person used another language to give the response—the language the person used; and\n- (iii) after reading the written record to the relevant person, give the person a copy of the written record.\n- (A) in English; and\n- (B) if the person used another language to give the response—the language the person used; and\n- (a) the reading of the written record under subsection (2) (b) (ii) ; and\n- (b) everything said by or to the relevant person during the reading of the written record; and\n- (c) anything else done to comply with this section.","sortOrder":108},{"sectionNumber":"sch.11-sec.34","sectionType":"section","heading":"Procedure for reading back a written record","content":"### sch.11-sec.34 Procedure for reading back a written record\n\nThis section applies if the police officer is required to give a relevant person an explanation of a procedure mentioned in—\nsection 33 (2) (b) (i) ; or\nsection 437 (5) of the Act .\nThe police officer must give the explanation in a way substantially complying with the following statements—\n‘Some of the questions I have asked you and your responses have not been electronically recorded.\nI have made a written record of the unrecorded conversation. This is your copy of the written record. I will now read the written record aloud.\nIf you consider there is an error in the written record or there is something left out of the written record, you should say so after I read that part of the written record aloud.\nYou will then be asked to say what the written record should read.\nDo you understand this is your opportunity to disagree with anything in the written record?\nDo you understand this procedure?’.\nIf the police officer reasonably suspects the relevant person does not understand the procedure, the police officer may ask the person to explain the procedure in the person’s own words.\nIf necessary, the police officer must further explain the procedure.\n(sch.11-sec.34-ssec.1) This section applies if the police officer is required to give a relevant person an explanation of a procedure mentioned in— section 33 (2) (b) (i) ; or section 437 (5) of the Act .\n(sch.11-sec.34-ssec.2) The police officer must give the explanation in a way substantially complying with the following statements— ‘Some of the questions I have asked you and your responses have not been electronically recorded. I have made a written record of the unrecorded conversation. This is your copy of the written record. I will now read the written record aloud. If you consider there is an error in the written record or there is something left out of the written record, you should say so after I read that part of the written record aloud. You will then be asked to say what the written record should read. Do you understand this is your opportunity to disagree with anything in the written record? Do you understand this procedure?’.\n(sch.11-sec.34-ssec.3) If the police officer reasonably suspects the relevant person does not understand the procedure, the police officer may ask the person to explain the procedure in the person’s own words.\n(sch.11-sec.34-ssec.4) If necessary, the police officer must further explain the procedure.\n- (a) section 33 (2) (b) (i) ; or\n- (b) section 437 (5) of the Act .","sortOrder":109},{"sectionNumber":"sch.11-pt.4-div.2","sectionType":"division","heading":"Support persons","content":"## Support persons","sortOrder":110},{"sectionNumber":"sch.11-sec.35","sectionType":"section","heading":"Ensuring support persons understand role","content":"### sch.11-sec.35 Ensuring support persons understand role\n\nThis section sets out the responsibilities of a police officer in relation to the questioning of a person as a suspect (the suspect )—\nabout the suspect’s involvement in the commission of an indictable offence; and\nin the presence of a support person for the suspect.\nBefore a police officer questions the suspect, the officer must—\ngive the support person information in the approved form about the role of support persons during questioning; and\nensure, as far as practicable, that the support person understands the nature of the support person’s role; and\nif the support person asks for an explanation of anything relevant to the support person’s role—give the explanation; and\ninform the support person of the identity of the suspect and why the suspect is being questioned.\nThe information mentioned in subsection (2) (a) must include the following—\na summary of sections  427 , 428 , 429 and 430 of the Act ;\na statement that the support person must act in the best interests of the suspect;\na statement that, unless the support person is a lawyer, the support person must not provide legal advice to the suspect, but may ask the suspect questions to ensure the suspect understands—\nthat the suspect may ask for a lawyer to be present during questioning, or at any time before questioning ends; and\nthat the suspect is not required to say anything during questioning; and\nthat anything the suspect says during questioning may be used as evidence; and\nwhat is said by a police officer during questioning.\n(sch.11-sec.35-ssec.1) This section sets out the responsibilities of a police officer in relation to the questioning of a person as a suspect (the suspect )— about the suspect’s involvement in the commission of an indictable offence; and in the presence of a support person for the suspect.\n(sch.11-sec.35-ssec.2) Before a police officer questions the suspect, the officer must— give the support person information in the approved form about the role of support persons during questioning; and ensure, as far as practicable, that the support person understands the nature of the support person’s role; and if the support person asks for an explanation of anything relevant to the support person’s role—give the explanation; and inform the support person of the identity of the suspect and why the suspect is being questioned.\n(sch.11-sec.35-ssec.3) The information mentioned in subsection (2) (a) must include the following— a summary of sections  427 , 428 , 429 and 430 of the Act ; a statement that the support person must act in the best interests of the suspect; a statement that, unless the support person is a lawyer, the support person must not provide legal advice to the suspect, but may ask the suspect questions to ensure the suspect understands— that the suspect may ask for a lawyer to be present during questioning, or at any time before questioning ends; and that the suspect is not required to say anything during questioning; and that anything the suspect says during questioning may be used as evidence; and what is said by a police officer during questioning.\n- (a) about the suspect’s involvement in the commission of an indictable offence; and\n- (b) in the presence of a support person for the suspect.\n- (a) give the support person information in the approved form about the role of support persons during questioning; and\n- (b) ensure, as far as practicable, that the support person understands the nature of the support person’s role; and\n- (c) if the support person asks for an explanation of anything relevant to the support person’s role—give the explanation; and\n- (d) inform the support person of the identity of the suspect and why the suspect is being questioned.\n- (a) a summary of sections  427 , 428 , 429 and 430 of the Act ;\n- (b) a statement that the support person must act in the best interests of the suspect;\n- (c) a statement that, unless the support person is a lawyer, the support person must not provide legal advice to the suspect, but may ask the suspect questions to ensure the suspect understands— (i) that the suspect may ask for a lawyer to be present during questioning, or at any time before questioning ends; and (ii) that the suspect is not required to say anything during questioning; and (iii) that anything the suspect says during questioning may be used as evidence; and (iv) what is said by a police officer during questioning.\n- (i) that the suspect may ask for a lawyer to be present during questioning, or at any time before questioning ends; and\n- (ii) that the suspect is not required to say anything during questioning; and\n- (iii) that anything the suspect says during questioning may be used as evidence; and\n- (iv) what is said by a police officer during questioning.\n- (i) that the suspect may ask for a lawyer to be present during questioning, or at any time before questioning ends; and\n- (ii) that the suspect is not required to say anything during questioning; and\n- (iii) that anything the suspect says during questioning may be used as evidence; and\n- (iv) what is said by a police officer during questioning.","sortOrder":111},{"sectionNumber":"sch.11-pt.5","sectionType":"part","heading":"Responsibilities relating to applications for DNA and blood and urine samples","content":"# Responsibilities relating to applications for DNA and blood and urine samples","sortOrder":112},{"sectionNumber":"sch.11-sec.36","sectionType":"section","heading":"Applications for order authorising DNA samples to be taken from children— Act , s 488","content":"### sch.11-sec.36 Applications for order authorising DNA samples to be taken from children— Act , s 488\n\nThis section sets out the responsibilities of a police officer who applies under section 488 (2) of the Act for an order authorising a DNA sampler to take a DNA sample from a child for DNA analysis.\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nthe name of the child;\nthe indictable offence mentioned in section 488 (1) (a) of the Act ;\nfor each notice given under section 488 (3) of the Act —the date the notice was given;\nif a notice, required to be given to a parent of the child under section 488 (3) (b) of the Act , was not given because the parent could not be found—information about the reasonable inquiry made by the police officer to find the parent;\nthe information or evidence being relied on to satisfy the Childrens Court of the matters mentioned in section 488 (4) of the Act .\n(sch.11-sec.36-ssec.1) This section sets out the responsibilities of a police officer who applies under section 488 (2) of the Act for an order authorising a DNA sampler to take a DNA sample from a child for DNA analysis.\n(sch.11-sec.36-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the name of the child; the indictable offence mentioned in section 488 (1) (a) of the Act ; for each notice given under section 488 (3) of the Act —the date the notice was given; if a notice, required to be given to a parent of the child under section 488 (3) (b) of the Act , was not given because the parent could not be found—information about the reasonable inquiry made by the police officer to find the parent; the information or evidence being relied on to satisfy the Childrens Court of the matters mentioned in section 488 (4) of the Act .\n- (a) the officer’s name, rank, registered number and station;\n- (b) the name of the child;\n- (c) the indictable offence mentioned in section 488 (1) (a) of the Act ;\n- (d) for each notice given under section 488 (3) of the Act —the date the notice was given;\n- (e) if a notice, required to be given to a parent of the child under section 488 (3) (b) of the Act , was not given because the parent could not be found—information about the reasonable inquiry made by the police officer to find the parent;\n- (f) the information or evidence being relied on to satisfy the Childrens Court of the matters mentioned in section 488 (4) of the Act .","sortOrder":113},{"sectionNumber":"sch.11-sec.37","sectionType":"section","heading":"Application for disease test orders— Act , s 540","content":"### sch.11-sec.37 Application for disease test orders— Act , s 540\n\nThis section sets out the responsibilities of a police officer who applies for a disease test order in relation to a relevant person under section 540 (2) of the Act .\nThe police officer must include the following information in the application—\nthe officer’s name, rank, registered number and station;\nas part of the information required under section 540 (3) of the Act —\nthe name of the relevant person; and\nthe chapter 18 offence the officer reasonably suspects the relevant person has committed; and\nthe information or evidence being relied on to satisfy the magistrate or Childrens Court of the matters mentioned in section 542 (5) of the Act ; and\nwithout limiting subparagraph (iii) , if the officer reasonably suspects that during, or soon after, the commission of the chapter 18 offence, the relevant person may have transmitted semen, blood, saliva, another bodily fluid or a relevant disease to another person—the information or evidence being relied on to support the reasonable suspicion;\nthe date the copy of the application, and the information mentioned in section 540 (4) of the Act , were given under that subsection;\nfor each notice given under section 541 of the Act —the date the notice was given.\n(sch.11-sec.37-ssec.1) This section sets out the responsibilities of a police officer who applies for a disease test order in relation to a relevant person under section 540 (2) of the Act .\n(sch.11-sec.37-ssec.2) The police officer must include the following information in the application— the officer’s name, rank, registered number and station; as part of the information required under section 540 (3) of the Act — the name of the relevant person; and the chapter 18 offence the officer reasonably suspects the relevant person has committed; and the information or evidence being relied on to satisfy the magistrate or Childrens Court of the matters mentioned in section 542 (5) of the Act ; and without limiting subparagraph (iii) , if the officer reasonably suspects that during, or soon after, the commission of the chapter 18 offence, the relevant person may have transmitted semen, blood, saliva, another bodily fluid or a relevant disease to another person—the information or evidence being relied on to support the reasonable suspicion; the date the copy of the application, and the information mentioned in section 540 (4) of the Act , were given under that subsection; for each notice given under section 541 of the Act —the date the notice was given.\n- (a) the officer’s name, rank, registered number and station;\n- (b) as part of the information required under section 540 (3) of the Act — (i) the name of the relevant person; and (ii) the chapter 18 offence the officer reasonably suspects the relevant person has committed; and (iii) the information or evidence being relied on to satisfy the magistrate or Childrens Court of the matters mentioned in section 542 (5) of the Act ; and (iv) without limiting subparagraph (iii) , if the officer reasonably suspects that during, or soon after, the commission of the chapter 18 offence, the relevant person may have transmitted semen, blood, saliva, another bodily fluid or a relevant disease to another person—the information or evidence being relied on to support the reasonable suspicion;\n- (i) the name of the relevant person; and\n- (ii) the chapter 18 offence the officer reasonably suspects the relevant person has committed; and\n- (iii) the information or evidence being relied on to satisfy the magistrate or Childrens Court of the matters mentioned in section 542 (5) of the Act ; and\n- (iv) without limiting subparagraph (iii) , if the officer reasonably suspects that during, or soon after, the commission of the chapter 18 offence, the relevant person may have transmitted semen, blood, saliva, another bodily fluid or a relevant disease to another person—the information or evidence being relied on to support the reasonable suspicion;\n- (c) the date the copy of the application, and the information mentioned in section 540 (4) of the Act , were given under that subsection;\n- (d) for each notice given under section 541 of the Act —the date the notice was given.\n- (i) the name of the relevant person; and\n- (ii) the chapter 18 offence the officer reasonably suspects the relevant person has committed; and\n- (iii) the information or evidence being relied on to satisfy the magistrate or Childrens Court of the matters mentioned in section 542 (5) of the Act ; and\n- (iv) without limiting subparagraph (iii) , if the officer reasonably suspects that during, or soon after, the commission of the chapter 18 offence, the relevant person may have transmitted semen, blood, saliva, another bodily fluid or a relevant disease to another person—the information or evidence being relied on to support the reasonable suspicion;","sortOrder":114},{"sectionNumber":"sch.11-pt.6","sectionType":"part","heading":"Identification procedures","content":"# Identification procedures","sortOrder":115},{"sectionNumber":"sch.11-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":116},{"sectionNumber":"sch.11-sec.38","sectionType":"section","heading":"Purpose of part","content":"### sch.11-sec.38 Purpose of part\n\nThis part sets out for section 617 (2) of the Act the procedures a police officer must comply with when conducting a procedure mentioned in section 617 (1) (a) , (b) , (c) or (d) of the Act (an identification procedure ) to help gather evidence of the identity of a person (the suspect ) suspected of having committed an offence.","sortOrder":117},{"sectionNumber":"sch.11-sec.39","sectionType":"section","heading":"Definitions for part","content":"### sch.11-sec.39 Definitions for part\n\nIn this part—\nidentification procedure see section 38 .\nsuspect see section 38 .\nwitness , in relation to an identification procedure, means a person who, as part of the identification procedure, provides information that identifies, or may help identify, the suspect.","sortOrder":118},{"sectionNumber":"sch.11-pt.6-div.2","sectionType":"division","heading":"General requirements for identification procedures","content":"## General requirements for identification procedures","sortOrder":119},{"sectionNumber":"sch.11-sec.40","sectionType":"section","heading":"Procedures for management of witnesses during identification procedures","content":"### sch.11-sec.40 Procedures for management of witnesses during identification procedures\n\nDuring an identification procedure, only 1 witness at a time may see or hear the procedure.\nA witness who has taken part in the identification procedure must, as far as reasonably practicable, be prevented from speaking to another witness about the procedure until the procedure ends.\nThe way a witness identifies a person during an identification procedure must, if reasonably practicable, be electronically recorded.\nA witness may have another person (an identification procedure support person ), who is not also a witness taking part in the identification procedure, present during the procedure to support the witness.\nHowever, the police officer may exclude an identification procedure support person from being present during the identification procedure if the officer suspects the identification procedure support person will—\ninfluence the information given by the witness for the procedure; or\ndisrupt the procedure.\nIf the police officer excludes an identification procedure support person from being present during the identification procedure, the police officer must—\ngive the witness the reasons for excluding the identification procedure support person; and\nadvise the witness that the witness may arrange for another identification procedure support person to be present to support the witness; and\nif the witness arranges for another identification procedure support person to be present to support the witness, subject to subsection (5) —allow the other identification procedure support person to be present.\n(sch.11-sec.40-ssec.1) During an identification procedure, only 1 witness at a time may see or hear the procedure.\n(sch.11-sec.40-ssec.2) A witness who has taken part in the identification procedure must, as far as reasonably practicable, be prevented from speaking to another witness about the procedure until the procedure ends.\n(sch.11-sec.40-ssec.3) The way a witness identifies a person during an identification procedure must, if reasonably practicable, be electronically recorded.\n(sch.11-sec.40-ssec.4) A witness may have another person (an identification procedure support person ), who is not also a witness taking part in the identification procedure, present during the procedure to support the witness.\n(sch.11-sec.40-ssec.5) However, the police officer may exclude an identification procedure support person from being present during the identification procedure if the officer suspects the identification procedure support person will— influence the information given by the witness for the procedure; or disrupt the procedure.\n(sch.11-sec.40-ssec.6) If the police officer excludes an identification procedure support person from being present during the identification procedure, the police officer must— give the witness the reasons for excluding the identification procedure support person; and advise the witness that the witness may arrange for another identification procedure support person to be present to support the witness; and if the witness arranges for another identification procedure support person to be present to support the witness, subject to subsection (5) —allow the other identification procedure support person to be present.\n- (a) influence the information given by the witness for the procedure; or\n- (b) disrupt the procedure.\n- (a) give the witness the reasons for excluding the identification procedure support person; and\n- (b) advise the witness that the witness may arrange for another identification procedure support person to be present to support the witness; and\n- (c) if the witness arranges for another identification procedure support person to be present to support the witness, subject to subsection (5) —allow the other identification procedure support person to be present.","sortOrder":120},{"sectionNumber":"sch.11-pt.6-div.3","sectionType":"division","heading":"Identification parades","content":"## Identification parades","sortOrder":121},{"sectionNumber":"sch.11-sec.41","sectionType":"section","heading":"Application of division","content":"### sch.11-sec.41 Application of division\n\nThis division applies if the identification procedure is an identification parade mentioned in section 617 (1) (a) of the Act .","sortOrder":122},{"sectionNumber":"sch.11-sec.42","sectionType":"section","heading":"Recording identification parades","content":"### sch.11-sec.42 Recording identification parades\n\nIf reasonably practicable, the police officer must ensure the behaviour and position of each person in the identification parade is photographed or otherwise electronically recorded.","sortOrder":123},{"sectionNumber":"sch.11-sec.43","sectionType":"section","heading":"Explanation of how identification parades are conducted","content":"### sch.11-sec.43 Explanation of how identification parades are conducted\n\nA police officer must, before conducting the identification parade, explain to the suspect how the identification parade will be conducted.\nWithout limiting subsection (1) , the explanation must include the following information—\nthat the identification parade can not be conducted unless the suspect agrees;\nthat the suspect may have a friend, relative or lawyer present at the identification parade if the friend, relative or lawyer can attend within a reasonable time;\nthat anyone present must not interfere with the identification parade in any way;\nthat the suspect may choose a position in the identification parade;\nthat the suspect may change position in the identification parade after each witness has viewed the parade;\nthat the suspect’s identity will not be given to a witness unless the witness identifies the suspect and a proceeding is started against the suspect.\nIf the police officer reasonably suspects the suspect does not understand how the identification parade will be conducted, the police officer must ask the suspect to explain how the identification parade will be conducted in the suspect’s own words.\nIf necessary, the police officer must further explain how the identification parade will be conducted.\n(sch.11-sec.43-ssec.1) A police officer must, before conducting the identification parade, explain to the suspect how the identification parade will be conducted.\n(sch.11-sec.43-ssec.2) Without limiting subsection (1) , the explanation must include the following information— that the identification parade can not be conducted unless the suspect agrees; that the suspect may have a friend, relative or lawyer present at the identification parade if the friend, relative or lawyer can attend within a reasonable time; that anyone present must not interfere with the identification parade in any way; that the suspect may choose a position in the identification parade; that the suspect may change position in the identification parade after each witness has viewed the parade; that the suspect’s identity will not be given to a witness unless the witness identifies the suspect and a proceeding is started against the suspect.\n(sch.11-sec.43-ssec.3) If the police officer reasonably suspects the suspect does not understand how the identification parade will be conducted, the police officer must ask the suspect to explain how the identification parade will be conducted in the suspect’s own words.\n(sch.11-sec.43-ssec.4) If necessary, the police officer must further explain how the identification parade will be conducted.\n- (a) that the identification parade can not be conducted unless the suspect agrees;\n- (b) that the suspect may have a friend, relative or lawyer present at the identification parade if the friend, relative or lawyer can attend within a reasonable time;\n- (c) that anyone present must not interfere with the identification parade in any way;\n- (d) that the suspect may choose a position in the identification parade;\n- (e) that the suspect may change position in the identification parade after each witness has viewed the parade;\n- (f) that the suspect’s identity will not be given to a witness unless the witness identifies the suspect and a proceeding is started against the suspect.","sortOrder":124},{"sectionNumber":"sch.11-sec.44","sectionType":"section","heading":"Conducting the identification parade","content":"### sch.11-sec.44 Conducting the identification parade\n\nThe police officer conducting the identification parade must—\nensure the identification parade includes the suspect and at least 11 other people of similar physical appearance, and wearing similar clothing, to the suspect; and\nensure each witness views the identification parade separately; and\nas far as reasonably practicable, replicate the conditions, as described by the witness, under which the witness saw a person involved in the offence, including, for example, by—\nchanging the lighting in the room; or\nvarying the distance from which the witness views the identification parade; or\nconcealing aspects of the persons participating in the parade; and\nask the witness, in a way that does not suggest the identity of any person participating in the parade, to carefully view the identification parade and state whether the witness recognises any person participating in the parade; and\nif the witness indicates that the witness recognises a person participating in the parade—ask the witness to clearly identify the person by, for example—\nstating the person’s number; or\ndescribing the person’s position in the parade.\n- (a) ensure the identification parade includes the suspect and at least 11 other people of similar physical appearance, and wearing similar clothing, to the suspect; and\n- (b) ensure each witness views the identification parade separately; and\n- (c) as far as reasonably practicable, replicate the conditions, as described by the witness, under which the witness saw a person involved in the offence, including, for example, by— (i) changing the lighting in the room; or (ii) varying the distance from which the witness views the identification parade; or (iii) concealing aspects of the persons participating in the parade; and\n- (i) changing the lighting in the room; or\n- (ii) varying the distance from which the witness views the identification parade; or\n- (iii) concealing aspects of the persons participating in the parade; and\n- (d) ask the witness, in a way that does not suggest the identity of any person participating in the parade, to carefully view the identification parade and state whether the witness recognises any person participating in the parade; and\n- (e) if the witness indicates that the witness recognises a person participating in the parade—ask the witness to clearly identify the person by, for example— (i) stating the person’s number; or (ii) describing the person’s position in the parade.\n- (i) stating the person’s number; or\n- (ii) describing the person’s position in the parade.\n- (i) changing the lighting in the room; or\n- (ii) varying the distance from which the witness views the identification parade; or\n- (iii) concealing aspects of the persons participating in the parade; and\n- (i) stating the person’s number; or\n- (ii) describing the person’s position in the parade.","sortOrder":125},{"sectionNumber":"sch.11-pt.6-div.4","sectionType":"division","heading":"Photo board identifications","content":"## Photo board identifications","sortOrder":126},{"sectionNumber":"sch.11-sec.45","sectionType":"section","heading":"Conducting photo board identifications","content":"### sch.11-sec.45 Conducting photo board identifications\n\nThis section applies if the identification procedure is the use of a photo board mentioned in section 617 (1) (b) of the Act (a photo board identification ).\nThe police officer conducting the photo board identification must—\nensure that, to avoid directing the attention of a witness to a particular photograph on the photo board, nothing is marked on—\nthe photo board; or\nany photograph on the photo board; and\nensure each witness views the photo board separately; and\nask a witness, in a way that does not suggest the identity of any person whose photograph is on the photo board, to—\ncarefully view the photo board; and\nstate whether the witness recognises any person whose photograph is on the photo board; and\nif a witness indicates that the witness recognises a person whose photograph is on the photo board as the person suspected of having committed the offence—ask the witness to—\nclearly state the number of the photograph; and\nwrite the number of the photograph, and the date the photo board was shown to the witness—\non the front of an unmarked photocopy of the photo board; or\non the back of the photo board; or\non the back of the photograph; and\nsign the photo board, photocopy or photograph where the person wrote the number and date.\n(sch.11-sec.45-ssec.1) This section applies if the identification procedure is the use of a photo board mentioned in section 617 (1) (b) of the Act (a photo board identification ).\n(sch.11-sec.45-ssec.2) The police officer conducting the photo board identification must— ensure that, to avoid directing the attention of a witness to a particular photograph on the photo board, nothing is marked on— the photo board; or any photograph on the photo board; and ensure each witness views the photo board separately; and ask a witness, in a way that does not suggest the identity of any person whose photograph is on the photo board, to— carefully view the photo board; and state whether the witness recognises any person whose photograph is on the photo board; and if a witness indicates that the witness recognises a person whose photograph is on the photo board as the person suspected of having committed the offence—ask the witness to— clearly state the number of the photograph; and write the number of the photograph, and the date the photo board was shown to the witness— on the front of an unmarked photocopy of the photo board; or on the back of the photo board; or on the back of the photograph; and sign the photo board, photocopy or photograph where the person wrote the number and date.\n- (a) ensure that, to avoid directing the attention of a witness to a particular photograph on the photo board, nothing is marked on— (i) the photo board; or (ii) any photograph on the photo board; and\n- (i) the photo board; or\n- (ii) any photograph on the photo board; and\n- (b) ensure each witness views the photo board separately; and\n- (c) ask a witness, in a way that does not suggest the identity of any person whose photograph is on the photo board, to— (i) carefully view the photo board; and (ii) state whether the witness recognises any person whose photograph is on the photo board; and\n- (i) carefully view the photo board; and\n- (ii) state whether the witness recognises any person whose photograph is on the photo board; and\n- (d) if a witness indicates that the witness recognises a person whose photograph is on the photo board as the person suspected of having committed the offence—ask the witness to— (i) clearly state the number of the photograph; and (ii) write the number of the photograph, and the date the photo board was shown to the witness— (A) on the front of an unmarked photocopy of the photo board; or (B) on the back of the photo board; or (C) on the back of the photograph; and (iii) sign the photo board, photocopy or photograph where the person wrote the number and date.\n- (i) clearly state the number of the photograph; and\n- (ii) write the number of the photograph, and the date the photo board was shown to the witness— (A) on the front of an unmarked photocopy of the photo board; or (B) on the back of the photo board; or (C) on the back of the photograph; and\n- (A) on the front of an unmarked photocopy of the photo board; or\n- (B) on the back of the photo board; or\n- (C) on the back of the photograph; and\n- (iii) sign the photo board, photocopy or photograph where the person wrote the number and date.\n- (i) the photo board; or\n- (ii) any photograph on the photo board; and\n- (i) carefully view the photo board; and\n- (ii) state whether the witness recognises any person whose photograph is on the photo board; and\n- (i) clearly state the number of the photograph; and\n- (ii) write the number of the photograph, and the date the photo board was shown to the witness— (A) on the front of an unmarked photocopy of the photo board; or (B) on the back of the photo board; or (C) on the back of the photograph; and\n- (A) on the front of an unmarked photocopy of the photo board; or\n- (B) on the back of the photo board; or\n- (C) on the back of the photograph; and\n- (iii) sign the photo board, photocopy or photograph where the person wrote the number and date.\n- (A) on the front of an unmarked photocopy of the photo board; or\n- (B) on the back of the photo board; or\n- (C) on the back of the photograph; and","sortOrder":127},{"sectionNumber":"sch.11-pt.7","sectionType":"part","heading":"Responsibilities relating to registers","content":"# Responsibilities relating to registers","sortOrder":128},{"sectionNumber":"sch.11-pt.7-div.1","sectionType":"division","heading":"Register of covert acts","content":"## Register of covert acts","sortOrder":129},{"sectionNumber":"sch.11-sec.46","sectionType":"section","heading":"Information to be recorded in register about other particular covert acts— Act , s 666","content":"### sch.11-sec.46 Information to be recorded in register about other particular covert acts— Act , s 666\n\nFor section 666 (3) of the Act , all of the following information about a covert act that is the making of a chapter 8 application must be recorded in the register of covert acts—\nwhen and where the application was made;\nthe name of the financial institution that is subject to the order;\nthe name of the person to whom the order relates;\nwhether or not the order was issued;\nif the order was issued—\nthe type of information the financial institution was required to give under the order; and\nhow long the order was in force; and\nthe benefits derived from the order, including, for example—\nif any proceeding was started because of information given under the order; and\nif the order related to the investigation of a confiscation offence or serious crime related activity—how the order helped in the investigation; and\nif the order related to the identification, location or quantification of serious crime derived property—how the order helped in the identification, location or quantification.\n- (a) when and where the application was made;\n- (b) the name of the financial institution that is subject to the order;\n- (c) the name of the person to whom the order relates;\n- (d) whether or not the order was issued;\n- (e) if the order was issued— (i) the type of information the financial institution was required to give under the order; and (ii) how long the order was in force; and (iii) the benefits derived from the order, including, for example— (A) if any proceeding was started because of information given under the order; and (B) if the order related to the investigation of a confiscation offence or serious crime related activity—how the order helped in the investigation; and (C) if the order related to the identification, location or quantification of serious crime derived property—how the order helped in the identification, location or quantification.\n- (i) the type of information the financial institution was required to give under the order; and\n- (ii) how long the order was in force; and\n- (iii) the benefits derived from the order, including, for example— (A) if any proceeding was started because of information given under the order; and (B) if the order related to the investigation of a confiscation offence or serious crime related activity—how the order helped in the investigation; and (C) if the order related to the identification, location or quantification of serious crime derived property—how the order helped in the identification, location or quantification.\n- (A) if any proceeding was started because of information given under the order; and\n- (B) if the order related to the investigation of a confiscation offence or serious crime related activity—how the order helped in the investigation; and\n- (C) if the order related to the identification, location or quantification of serious crime derived property—how the order helped in the identification, location or quantification.\n- (i) the type of information the financial institution was required to give under the order; and\n- (ii) how long the order was in force; and\n- (iii) the benefits derived from the order, including, for example— (A) if any proceeding was started because of information given under the order; and (B) if the order related to the investigation of a confiscation offence or serious crime related activity—how the order helped in the investigation; and (C) if the order related to the identification, location or quantification of serious crime derived property—how the order helped in the identification, location or quantification.\n- (A) if any proceeding was started because of information given under the order; and\n- (B) if the order related to the investigation of a confiscation offence or serious crime related activity—how the order helped in the investigation; and\n- (C) if the order related to the identification, location or quantification of serious crime derived property—how the order helped in the identification, location or quantification.\n- (A) if any proceeding was started because of information given under the order; and\n- (B) if the order related to the investigation of a confiscation offence or serious crime related activity—how the order helped in the investigation; and\n- (C) if the order related to the identification, location or quantification of serious crime derived property—how the order helped in the identification, location or quantification.","sortOrder":130},{"sectionNumber":"sch.11-pt.7-div.2","sectionType":"division","heading":"Register of enforcement acts","content":"## Register of enforcement acts","sortOrder":131},{"sectionNumber":"sch.11-sec.47","sectionType":"section","heading":"Purpose of division","content":"### sch.11-sec.47 Purpose of division\n\nThis division sets out for section 679 (1) of the Act the information in relation to an enforcement act that is required to be recorded in the register of enforcement acts.","sortOrder":132},{"sectionNumber":"sch.11-sec.48","sectionType":"section","heading":"Searches of persons","content":"### sch.11-sec.48 Searches of persons\n\nIf the enforcement act is a search of a person, all of the following information is required to be recorded in the register of enforcement acts—\nthe name of the person, if known;\nwhen and where the person was searched;\nthe purpose of the search;\nif the person was required to remove an item of clothing for the search—\nthe item of clothing removed; and\nthe way the search was conducted to provide reasonable privacy for the person;\nif the search was conducted without a warrant—how long the person was detained for the search;\na description of anything found during the search that is seized;\ninformation about the return, destruction or disposal of a thing mentioned in paragraph (f) .\n- (a) the name of the person, if known;\n- (b) when and where the person was searched;\n- (c) the purpose of the search;\n- (d) if the person was required to remove an item of clothing for the search— (i) the item of clothing removed; and (ii) the way the search was conducted to provide reasonable privacy for the person;\n- (i) the item of clothing removed; and\n- (ii) the way the search was conducted to provide reasonable privacy for the person;\n- (e) if the search was conducted without a warrant—how long the person was detained for the search;\n- (f) a description of anything found during the search that is seized;\n- (g) information about the return, destruction or disposal of a thing mentioned in paragraph (f) .\n- (i) the item of clothing removed; and\n- (ii) the way the search was conducted to provide reasonable privacy for the person;","sortOrder":133},{"sectionNumber":"sch.11-sec.49","sectionType":"section","heading":"Searches of vehicles","content":"### sch.11-sec.49 Searches of vehicles\n\nIf the enforcement act is a search of a vehicle, all of the following information is required to be recorded in the register of enforcement acts—\nthe name, if known, of the person in possession of the vehicle;\nif an occupant of the vehicle is detained—the name of the occupant, if known;\nthe registration number, or a description, of the vehicle;\nwhen and where the vehicle was searched;\nthe purpose of the search;\nhow long the vehicle was detained for the search;\nwhether anything was damaged during the search;\na description of anything found during the search that is seized;\ninformation about the return, destruction or disposal of a thing mentioned in paragraph (h) .\n- (a) the name, if known, of the person in possession of the vehicle;\n- (b) if an occupant of the vehicle is detained—the name of the occupant, if known;\n- (c) the registration number, or a description, of the vehicle;\n- (d) when and where the vehicle was searched;\n- (e) the purpose of the search;\n- (f) how long the vehicle was detained for the search;\n- (g) whether anything was damaged during the search;\n- (h) a description of anything found during the search that is seized;\n- (i) information about the return, destruction or disposal of a thing mentioned in paragraph (h) .","sortOrder":134},{"sectionNumber":"sch.11-sec.50","sectionType":"section","heading":"Searches of premises","content":"### sch.11-sec.50 Searches of premises\n\nIf the enforcement act is a search of a premises, all of the following information is required to be recorded in the register of enforcement acts—\nthe name, if known, of the person in possession of the premises;\nif a person at the premises is detained—the name of the person, if known;\nwhen and where the search took place;\nthe purpose of the search;\nwhether anything was damaged because of the search;\na description of anything found during the search that is seized;\ninformation about the return, destruction or disposal of a thing mentioned in paragraph (f) .\n- (a) the name, if known, of the person in possession of the premises;\n- (b) if a person at the premises is detained—the name of the person, if known;\n- (c) when and where the search took place;\n- (d) the purpose of the search;\n- (e) whether anything was damaged because of the search;\n- (f) a description of anything found during the search that is seized;\n- (g) information about the return, destruction or disposal of a thing mentioned in paragraph (f) .","sortOrder":135},{"sectionNumber":"sch.11-sec.51","sectionType":"section","heading":"Seizing of things other than during search","content":"### sch.11-sec.51 Seizing of things other than during search\n\nIf the enforcement act is the seizing of a thing, other than during a search, the information required to be recorded in the register of enforcement acts is—\nthe name of the person from whom the thing was seized, if known; and\nwhen and where the thing was seized; and\nthe reason the thing was seized; and\na description of the thing; and\ninformation about the return, destruction or disposal of the thing.\n- (a) the name of the person from whom the thing was seized, if known; and\n- (b) when and where the thing was seized; and\n- (c) the reason the thing was seized; and\n- (d) a description of the thing; and\n- (e) information about the return, destruction or disposal of the thing.","sortOrder":136},{"sectionNumber":"sch.11-sec.52","sectionType":"section","heading":"Arrests, detentions and questioning","content":"### sch.11-sec.52 Arrests, detentions and questioning\n\nThis section applies to the following enforcement acts—\nthe arrest of a person;\nthe detention of a person for investigations or questioning under chapter 15 of the Act ;\nthe questioning of a person to whom chapter 15 , part 3 of the Act applies.\nAll of the following information about the enforcement act is required to be recorded in the register of enforcement acts—\nthe name of the person, if known;\nfor the arrest or detention of the person—\nthe time period for which the person was arrested or detained; and\nany apparent injury the person received during the arrest or detention;\nfor the arrest of the person—where a person is held;\nfor the detention of the person for investigations or questioning—\neach place the person was taken to, or held, for the investigation or questioning; and\nwhen the person was taken to each place;\nif the questioning of a person to whom chapter 15 , part 3 of the Act applies is suspended or delayed, including, for example, for time out purposes—the reason for the suspension or delay.\n(sch.11-sec.52-ssec.1) This section applies to the following enforcement acts— the arrest of a person; the detention of a person for investigations or questioning under chapter 15 of the Act ; the questioning of a person to whom chapter 15 , part 3 of the Act applies.\n(sch.11-sec.52-ssec.2) All of the following information about the enforcement act is required to be recorded in the register of enforcement acts— the name of the person, if known; for the arrest or detention of the person— the time period for which the person was arrested or detained; and any apparent injury the person received during the arrest or detention; for the arrest of the person—where a person is held; for the detention of the person for investigations or questioning— each place the person was taken to, or held, for the investigation or questioning; and when the person was taken to each place; if the questioning of a person to whom chapter 15 , part 3 of the Act applies is suspended or delayed, including, for example, for time out purposes—the reason for the suspension or delay.\n- (a) the arrest of a person;\n- (b) the detention of a person for investigations or questioning under chapter 15 of the Act ;\n- (c) the questioning of a person to whom chapter 15 , part 3 of the Act applies.\n- (a) the name of the person, if known;\n- (b) for the arrest or detention of the person— (i) the time period for which the person was arrested or detained; and (ii) any apparent injury the person received during the arrest or detention;\n- (i) the time period for which the person was arrested or detained; and\n- (ii) any apparent injury the person received during the arrest or detention;\n- (c) for the arrest of the person—where a person is held;\n- (d) for the detention of the person for investigations or questioning— (i) each place the person was taken to, or held, for the investigation or questioning; and (ii) when the person was taken to each place;\n- (i) each place the person was taken to, or held, for the investigation or questioning; and\n- (ii) when the person was taken to each place;\n- (e) if the questioning of a person to whom chapter 15 , part 3 of the Act applies is suspended or delayed, including, for example, for time out purposes—the reason for the suspension or delay.\n- (i) the time period for which the person was arrested or detained; and\n- (ii) any apparent injury the person received during the arrest or detention;\n- (i) each place the person was taken to, or held, for the investigation or questioning; and\n- (ii) when the person was taken to each place;","sortOrder":137},{"sectionNumber":"sch.11-sec.53","sectionType":"section","heading":"Custody of person under police assistance removal order","content":"### sch.11-sec.53 Custody of person under police assistance removal order\n\nIf the enforcement act is the custody of a person under a police assistance removal order, the information required to be recorded in the register of enforcement acts is—\nwhen and where the order was made; and\nthe name of the person; and\nthe watch-house from which the person was released into the custody of a police officer under the order; and\nthe time the person was released into the custody of a police officer under the order; and\neach place the person was taken during the assistance period; and\nthe date and time the person was returned to the watch-house.\n- (a) when and where the order was made; and\n- (b) the name of the person; and\n- (c) the watch-house from which the person was released into the custody of a police officer under the order; and\n- (d) the time the person was released into the custody of a police officer under the order; and\n- (e) each place the person was taken during the assistance period; and\n- (f) the date and time the person was returned to the watch-house.","sortOrder":138},{"sectionNumber":"sch.11-sec.54","sectionType":"section","heading":"Exercises of powers under Act relating to search warrants","content":"### sch.11-sec.54 Exercises of powers under Act relating to search warrants\n\nIf the enforcement act is the exercise of powers under the Act relating to a search warrant, all of the following information is required to be recorded in the register of enforcement acts—\nwhen and where the search warrant was issued;\nif an offence, suspected offence or confiscation related activity was stated in the application for the search warrant under section 3 (2) (b) (iv) —the offence, suspected offence or confiscation related activity;\nif the name of a person was stated in the application for the search warrant under section 3 (2) (b) (v) —the name;\nif disorderly activities were stated in the application for the search warrant under section 3 (2) (b) (vii) —the disorderly activities;\nif the search warrant related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\nthe benefits derived from the search warrant, including, for example—\nwhether anything was seized under the search warrant; or\nwhether a proceeding relating to the search warrant was started.\n- (a) when and where the search warrant was issued;\n- (b) if an offence, suspected offence or confiscation related activity was stated in the application for the search warrant under section 3 (2) (b) (iv) —the offence, suspected offence or confiscation related activity;\n- (c) if the name of a person was stated in the application for the search warrant under section 3 (2) (b) (v) —the name;\n- (d) if disorderly activities were stated in the application for the search warrant under section 3 (2) (b) (vii) —the disorderly activities;\n- (e) if the search warrant related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\n- (f) the benefits derived from the search warrant, including, for example— (i) whether anything was seized under the search warrant; or (ii) whether a proceeding relating to the search warrant was started.\n- (i) whether anything was seized under the search warrant; or\n- (ii) whether a proceeding relating to the search warrant was started.\n- (i) whether anything was seized under the search warrant; or\n- (ii) whether a proceeding relating to the search warrant was started.","sortOrder":139},{"sectionNumber":"sch.11-sec.55","sectionType":"section","heading":"Exercises of powers under Act relating to missing person warrants","content":"### sch.11-sec.55 Exercises of powers under Act relating to missing person warrants\n\nIf the enforcement act is the exercise of powers under the Act relating to a missing person warrant, the information required to be recorded in the register of enforcement acts is—\nwhen and where the missing person warrant was issued; and\nthe name of the missing person in relation to whom the missing person scene, to which the missing person warrant relates, was established; and\nthe benefits derived from the missing person warrant, including, for example—\nwhether the missing person was found; or\nwhether information about the missing person’s disappearance was found; or\nwhether anything was seized under the missing person warrant; or\nwhether a proceeding relating to the missing person warrant was started.\n- (a) when and where the missing person warrant was issued; and\n- (b) the name of the missing person in relation to whom the missing person scene, to which the missing person warrant relates, was established; and\n- (c) the benefits derived from the missing person warrant, including, for example— (i) whether the missing person was found; or (ii) whether information about the missing person’s disappearance was found; or (iii) whether anything was seized under the missing person warrant; or (iv) whether a proceeding relating to the missing person warrant was started.\n- (i) whether the missing person was found; or\n- (ii) whether information about the missing person’s disappearance was found; or\n- (iii) whether anything was seized under the missing person warrant; or\n- (iv) whether a proceeding relating to the missing person warrant was started.\n- (i) whether the missing person was found; or\n- (ii) whether information about the missing person’s disappearance was found; or\n- (iii) whether anything was seized under the missing person warrant; or\n- (iv) whether a proceeding relating to the missing person warrant was started.","sortOrder":140},{"sectionNumber":"sch.11-sec.56","sectionType":"section","heading":"Exercises of powers under Act relating to production orders","content":"### sch.11-sec.56 Exercises of powers under Act relating to production orders\n\nIf the enforcement act is the exercise of powers under the Act relating to a production order, all of the following information is required to be recorded in the register of enforcement acts—\nwhen and where the order was issued;\nthe name of the person who was required to produce the relevant document under the production order;\nthe confiscation offence or serious crime related activity to which the relevant document for the production order related;\nthe name, if known, of the person who—\nwas found guilty of, or is suspected of having committed, the confiscation offence mentioned in paragraph (c) ; or\nis suspected of having engaged in the serious crime related activity mentioned in paragraph (c) ;\nthe benefits derived from the production order, including, for example—\nwhether a document produced under the production order was seized; and\nif a document produced under the production order was seized—whether a proceeding relating to the document was started;\nif a document produced under the production order was seized—information about the return, destruction or disposal of the document.\n- (a) when and where the order was issued;\n- (b) the name of the person who was required to produce the relevant document under the production order;\n- (c) the confiscation offence or serious crime related activity to which the relevant document for the production order related;\n- (d) the name, if known, of the person who— (i) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in paragraph (c) ; or (ii) is suspected of having engaged in the serious crime related activity mentioned in paragraph (c) ;\n- (i) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in paragraph (c) ; or\n- (ii) is suspected of having engaged in the serious crime related activity mentioned in paragraph (c) ;\n- (e) the benefits derived from the production order, including, for example— (i) whether a document produced under the production order was seized; and (ii) if a document produced under the production order was seized—whether a proceeding relating to the document was started;\n- (i) whether a document produced under the production order was seized; and\n- (ii) if a document produced under the production order was seized—whether a proceeding relating to the document was started;\n- (f) if a document produced under the production order was seized—information about the return, destruction or disposal of the document.\n- (i) was found guilty of, or is suspected of having committed, the confiscation offence mentioned in paragraph (c) ; or\n- (ii) is suspected of having engaged in the serious crime related activity mentioned in paragraph (c) ;\n- (i) whether a document produced under the production order was seized; and\n- (ii) if a document produced under the production order was seized—whether a proceeding relating to the document was started;","sortOrder":141},{"sectionNumber":"sch.11-sec.57","sectionType":"section","heading":"Exercises of powers under Act relating to production notices","content":"### sch.11-sec.57 Exercises of powers under Act relating to production notices\n\nIf the enforcement act is the exercise of powers under the Act relating to a production notice, all of the following information is required to be recorded in the register of enforcement acts—\nwhen and where the production notice was issued;\nthe name of the cash dealer to whom the production notice was given;\nif the production notice related to an offence, suspected offence or confiscation related activity—\nthe offence, suspected offence or confiscation related activity; and\nthe name of a person stated in the application for the production notice under section 12 (2) (b) (ii) (B) ;\nif the production notice related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\nthe benefits derived from the production notice, including, for example—\nwhether a document produced under the production notice was seized; and\nif a document produced under the production notice was seized—whether a proceeding relating to the document was started;\nif a document produced under the production notice was seized—information about the return, destruction or disposal of the document.\n- (a) when and where the production notice was issued;\n- (b) the name of the cash dealer to whom the production notice was given;\n- (c) if the production notice related to an offence, suspected offence or confiscation related activity— (i) the offence, suspected offence or confiscation related activity; and (ii) the name of a person stated in the application for the production notice under section 12 (2) (b) (ii) (B) ;\n- (i) the offence, suspected offence or confiscation related activity; and\n- (ii) the name of a person stated in the application for the production notice under section 12 (2) (b) (ii) (B) ;\n- (d) if the production notice related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding;\n- (e) the benefits derived from the production notice, including, for example— (i) whether a document produced under the production notice was seized; and (ii) if a document produced under the production notice was seized—whether a proceeding relating to the document was started;\n- (i) whether a document produced under the production notice was seized; and\n- (ii) if a document produced under the production notice was seized—whether a proceeding relating to the document was started;\n- (f) if a document produced under the production notice was seized—information about the return, destruction or disposal of the document.\n- (i) the offence, suspected offence or confiscation related activity; and\n- (ii) the name of a person stated in the application for the production notice under section 12 (2) (b) (ii) (B) ;\n- (i) whether a document produced under the production notice was seized; and\n- (ii) if a document produced under the production notice was seized—whether a proceeding relating to the document was started;","sortOrder":142},{"sectionNumber":"sch.11-sec.58","sectionType":"section","heading":"Giving directions","content":"### sch.11-sec.58 Giving directions\n\nIf the enforcement act is the giving of a direction under section 48 of the Act , the information required to be recorded in the register of enforcement acts is—\nwhen and where the direction was given; and\nthe name of the person given the direction, if known; and\na description of the person given the direction; and\nthe reason the direction was given.\n- (a) when and where the direction was given; and\n- (b) the name of the person given the direction, if known; and\n- (c) a description of the person given the direction; and\n- (d) the reason the direction was given.","sortOrder":143},{"sectionNumber":"sch.11-sec.59","sectionType":"section","heading":"Excluding relatives, friends or support persons from questioning","content":"### sch.11-sec.59 Excluding relatives, friends or support persons from questioning\n\nIf the enforcement act is the exclusion from questioning, under chapter 15 , part 3 , division 4 or 5 of the Act , of a relative, friend or support person (each the excluded person ), all of the following information is required to be recorded in the register of enforcement acts—\nthe name, if known, of the excluded person;\nwhen and why the excluded person was excluded;\nwhether an electronic record was made of the reason for the exclusion;\nif an electronic record was not made of the reason for the exclusion—why an electronic record was not made;\nif the questioning resumed after the exclusion of the excluded person—when questioning resumed;\nif another relative, friend or support person was present during questioning when questioning resumed—the name, if known, of the other relative, friend or support person.\n- (a) the name, if known, of the excluded person;\n- (b) when and why the excluded person was excluded;\n- (c) whether an electronic record was made of the reason for the exclusion;\n- (d) if an electronic record was not made of the reason for the exclusion—why an electronic record was not made;\n- (e) if the questioning resumed after the exclusion of the excluded person—when questioning resumed;\n- (f) if another relative, friend or support person was present during questioning when questioning resumed—the name, if known, of the other relative, friend or support person.","sortOrder":144},{"sectionNumber":"sch.11-sec.60","sectionType":"section","heading":"Taking identifying particulars for official warnings for consorting","content":"### sch.11-sec.60 Taking identifying particulars for official warnings for consorting\n\nIf the enforcement act is the taking, under section 41A of the Act , of identifying particulars of a person, the information required to be recorded in the register of enforcement acts is—\nthe name of the person, if known; and\na description of the person; and\nthe reason the identifying particulars were taken or photographed; and\nwhen the identifying particulars were taken or photographed; and\nwhen the identifying particulars were destroyed; and\nthe name of the justice in whose presence the identifying particulars were destroyed.\n- (a) the name of the person, if known; and\n- (b) a description of the person; and\n- (c) the reason the identifying particulars were taken or photographed; and\n- (d) when the identifying particulars were taken or photographed; and\n- (e) when the identifying particulars were destroyed; and\n- (f) the name of the justice in whose presence the identifying particulars were destroyed.","sortOrder":145},{"sectionNumber":"sch.11-sec.61","sectionType":"section","heading":"Giving official warnings for consorting","content":"### sch.11-sec.61 Giving official warnings for consorting\n\nIf the enforcement act is the giving, under section 53BAC of the Act , of an official warning for consorting, all of the following information is required to be recorded in the register of enforcement acts—\nthe name of the person given the warning, if known;\na description of the person given the warning;\nthe reason the warning was given;\nwhen and where the warning was given;\nif the warning was given orally—when and how the police officer confirmed the warning in the approved form;\nwhether, after the warning was given, the person committed an offence against section 790 (1) or 791 (2) of the Act that was related to the giving of the warning;\nwhether the person given the warning was required under section 53BAE (2) of the Act to leave a place.\n- (a) the name of the person given the warning, if known;\n- (b) a description of the person given the warning;\n- (c) the reason the warning was given;\n- (d) when and where the warning was given;\n- (e) if the warning was given orally—when and how the police officer confirmed the warning in the approved form;\n- (f) whether, after the warning was given, the person committed an offence against section 790 (1) or 791 (2) of the Act that was related to the giving of the warning;\n- (g) whether the person given the warning was required under section 53BAE (2) of the Act to leave a place.","sortOrder":146},{"sectionNumber":"sch.11-sec.62","sectionType":"section","heading":"Exercises of powers related to public safety orders","content":"### sch.11-sec.62 Exercises of powers related to public safety orders\n\nIf the enforcement act is the exercise of a power under the Peace and Good Behaviour Act 1982 , section 31 (2) in relation to a public safety order, the information required to be recorded in the register of enforcement acts is—\nthe name, if known, of the person in relation to whom the power was exercised; and\na description of the person in relation to whom the power was exercised; and\nwhen the public safety order was made; and\nwhen and where the power was exercised; and\nthe reason the power was exercised; and\nwhether, after the power was exercised, a person committed an offence against section 790 (1) or section 791 (2) of the Act that was related to the exercise of the power.\n- (a) the name, if known, of the person in relation to whom the power was exercised; and\n- (b) a description of the person in relation to whom the power was exercised; and\n- (c) when the public safety order was made; and\n- (d) when and where the power was exercised; and\n- (e) the reason the power was exercised; and\n- (f) whether, after the power was exercised, a person committed an offence against section 790 (1) or section 791 (2) of the Act that was related to the exercise of the power.","sortOrder":147},{"sectionNumber":"sch.11-sec.63","sectionType":"section","heading":"Exercises of powers related to restricted premises","content":"### sch.11-sec.63 Exercises of powers related to restricted premises\n\nIf the enforcement act is the exercise of a power under the Peace and Good Behaviour Act 1982 , section 49 (1) in relation to a restricted premises, all of the following information is required to be recorded in the register of enforcement acts—\nif a restricted premises order was in force for the restricted premises—when and where the order was made;\nwhen the restricted premises were entered;\nthe period of time the police officer exercising the power spent at the restricted premises;\nwhether, after the power was exercised, a person committed an offence against section 790 (1) or section 791 (2) of the Act that was related to the exercise of the power;\nif paragraph (d) applies—the name of the person and the type of offence.\n- (a) if a restricted premises order was in force for the restricted premises—when and where the order was made;\n- (b) when the restricted premises were entered;\n- (c) the period of time the police officer exercising the power spent at the restricted premises;\n- (d) whether, after the power was exercised, a person committed an offence against section 790 (1) or section 791 (2) of the Act that was related to the exercise of the power;\n- (e) if paragraph (d) applies—the name of the person and the type of offence.","sortOrder":148},{"sectionNumber":"sch.11-sec.64","sectionType":"section","heading":"Removing or modifying fortifications","content":"### sch.11-sec.64 Removing or modifying fortifications\n\nIf the enforcement act is the removal or modification of fortification of a fortified premises under the Peace and Good Behaviour Act 1982 , section 65 , all of the following information is required to be recorded in the register of enforcement acts—\nthe name, if known, of the owner or occupier of the fortified premises;\nwhen and where the fortification was removed or modified;\nthe reason the fortification was removed or modified;\na description of the fortification;\nif the fortification was removed—information about the destruction or disposal of the fortification.\n- (a) the name, if known, of the owner or occupier of the fortified premises;\n- (b) when and where the fortification was removed or modified;\n- (c) the reason the fortification was removed or modified;\n- (d) a description of the fortification;\n- (e) if the fortification was removed—information about the destruction or disposal of the fortification.","sortOrder":149},{"sectionNumber":"sch.11-sec.65","sectionType":"section","heading":"Exercises of powers related to fortified premises","content":"### sch.11-sec.65 Exercises of powers related to fortified premises\n\nIf the enforcement act is the exercise of a power under the Peace and Good Behaviour Act 1982 , section 65 (2) in relation to a fortified premises, all of the following information is required to be recorded in the register of enforcement acts—\nwhen and where the fortification removal order for the fortified premises was made;\nwhen the fortified premises were entered;\nthe time the police officer exercising the power spent at the fortified premises;\nwhether, after the power was exercised, a person committed an offence against section 790 (1) or 791 (2) of the Act that was related to the exercise of the power;\nif paragraph (d) applies—the name of the person and the type of offence.\n- (a) when and where the fortification removal order for the fortified premises was made;\n- (b) when the fortified premises were entered;\n- (c) the time the police officer exercising the power spent at the fortified premises;\n- (d) whether, after the power was exercised, a person committed an offence against section 790 (1) or 791 (2) of the Act that was related to the exercise of the power;\n- (e) if paragraph (d) applies—the name of the person and the type of offence.","sortOrder":150},{"sectionNumber":"sch.11-sec.66","sectionType":"section","heading":"Seizing prohibited items","content":"### sch.11-sec.66 Seizing prohibited items\n\nIf the enforcement act is the seizing of a prohibited item under the Peace and Good Behaviour Act 1982 , section 49 (1) (c) (i) , the information required to be recorded in the register of enforcement acts is—\nthe name, if known, of the person from whom the prohibited item was seized; and\nwhen and where the prohibited item was seized; and\nthe reason the prohibited item was seized; and\na description of the prohibited item; and\ninformation about the return, destruction or disposal of the prohibited item.\n- (a) the name, if known, of the person from whom the prohibited item was seized; and\n- (b) when and where the prohibited item was seized; and\n- (c) the reason the prohibited item was seized; and\n- (d) a description of the prohibited item; and\n- (e) information about the return, destruction or disposal of the prohibited item.","sortOrder":151},{"sectionNumber":"sch.11-sec.67","sectionType":"section","heading":"Giving stop and desist notices","content":"### sch.11-sec.67 Giving stop and desist notices\n\nIf the enforcement act is the giving of a stop and desist notice, the information required to be recorded in the register of enforcement acts is—\nthe name of the person to whom the notice was given; and\nthe reason the notice was given; and\nwhen and where the notice was given.\n- (a) the name of the person to whom the notice was given; and\n- (b) the reason the notice was given; and\n- (c) when and where the notice was given.","sortOrder":152},{"sectionNumber":"sch.11-sec.68","sectionType":"section","heading":"Directions in state building","content":"### sch.11-sec.68 Directions in state building\n\nIf the enforcement act is the giving of a direction to an entrant to a state building under section 554 of the Act , the information required to be recorded in the register of enforcement acts is—\nwhen the direction was given; and\nthe location of the entrant when given the direction; and\nthe name of the entrant given the direction, if known; and\na description of the entrant given the direction; and\nthe reason the direction was given.\n- (a) when the direction was given; and\n- (b) the location of the entrant when given the direction; and\n- (c) the name of the entrant given the direction, if known; and\n- (d) a description of the entrant given the direction; and\n- (e) the reason the direction was given.","sortOrder":153},{"sectionNumber":"sch.11-sec.69","sectionType":"section","heading":"Removal of entrant from state building","content":"### sch.11-sec.69 Removal of entrant from state building\n\nIf the enforcement act is the removal of an entrant to a state building under section 557 (2) (a) of the Act , the information required to be recorded in the register of enforcement acts is—\nwhen the entrant was removed; and\nthe location of the entrant when removed; and\nthe name of the entrant removed, if known; and\na description of the entrant removed; and\nthe reason the entrant was removed.\n- (a) when the entrant was removed; and\n- (b) the location of the entrant when removed; and\n- (c) the name of the entrant removed, if known; and\n- (d) a description of the entrant removed; and\n- (e) the reason the entrant was removed.","sortOrder":154},{"sectionNumber":"sch.11-sec.70","sectionType":"section","heading":"Preventing entrant from entering state building","content":"### sch.11-sec.70 Preventing entrant from entering state building\n\nIf the enforcement act is the prevention of an entrant to a state building from entering the state building under section 557 (2) (b) of the Act , the information required to be recorded in the register of enforcement acts is—\nwhen the entrant was prevented from entering; and\nthe location of the entrant when prevented from entering; and\nthe name of the entrant prevented from entering, if known; and\na description of the entrant prevented from entering; and\nthe reason the entrant was prevented from entering.\n- (a) when the entrant was prevented from entering; and\n- (b) the location of the entrant when prevented from entering; and\n- (c) the name of the entrant prevented from entering, if known; and\n- (d) a description of the entrant prevented from entering; and\n- (e) the reason the entrant was prevented from entering.","sortOrder":155},{"sectionNumber":"sch.11-sec.71","sectionType":"section","heading":"Detention of entrant in state building","content":"### sch.11-sec.71 Detention of entrant in state building\n\nIf the enforcement act is the detention of an entrant to a state building under section 558 of the Act , the information required to be recorded in the register of enforcement acts is—\nthe name of the entrant, if known; and\nthe time the entrant was detained; and\nwhere the entrant was detained; and\nthe reason the entrant was detained; and\nany apparent injury the entrant received during the detention.\n- (a) the name of the entrant, if known; and\n- (b) the time the entrant was detained; and\n- (c) where the entrant was detained; and\n- (d) the reason the entrant was detained; and\n- (e) any apparent injury the entrant received during the detention.","sortOrder":156},{"sectionNumber":"sch.11-sec.72","sectionType":"section","heading":"Detention of person under Act , ch 2 , pt 8","content":"### sch.11-sec.72 Detention of person under Act , ch 2 , pt 8\n\nIf the enforcement act is the detention of a person under chapter 2 , part 8 of the Act , all of the following information is required to be recorded in the register of enforcement acts—\nthe name of the person, if known;\nthe time the person was detained;\nwhere the person was detained;\nif the person was transported to, and detained at, a police station or watch-house—the reason why the person was transported to, and detained at, the police station or watch-house;\nany apparent injury the person received during the detention.\n- (a) the name of the person, if known;\n- (b) the time the person was detained;\n- (c) where the person was detained;\n- (d) if the person was transported to, and detained at, a police station or watch-house—the reason why the person was transported to, and detained at, the police station or watch-house;\n- (e) any apparent injury the person received during the detention.","sortOrder":157},{"sectionNumber":"sch.11-pt.8","sectionType":"part","heading":"Responsibilities relating to dealing with things in the possession of police service","content":"# Responsibilities relating to dealing with things in the possession of police service","sortOrder":158},{"sectionNumber":"sch.11-sec.73","sectionType":"section","heading":"Definition for part","content":"### sch.11-sec.73 Definition for part\n\nIn this part—\nrelevant thing see section 686 (1) of the Act .","sortOrder":159},{"sectionNumber":"sch.11-sec.74","sectionType":"section","heading":"Receipt for seized property— Act , s 622","content":"### sch.11-sec.74 Receipt for seized property— Act , s 622\n\nFor section 622 (5) of the Act , all of the following information is required in relation to a receipt, given or left by a police officer or protective services officer, for a thing seized by the officer under the Act —\nthe date and time the thing was seized;\nif the thing was seized from a person—the name, address and telephone number of the person, if known;\nif the thing was seized from an occupied place—the name, address and telephone number of the occupier of the place, if known;\na description of the thing;\nthe officer’s name, rank, registered number, station and telephone number;\nwhere the thing will be taken, if known;\nthe date the receipt is issued.\n- (a) the date and time the thing was seized;\n- (b) if the thing was seized from a person—the name, address and telephone number of the person, if known;\n- (c) if the thing was seized from an occupied place—the name, address and telephone number of the occupier of the place, if known;\n- (d) a description of the thing;\n- (e) the officer’s name, rank, registered number, station and telephone number;\n- (f) where the thing will be taken, if known;\n- (g) the date the receipt is issued.","sortOrder":160},{"sectionNumber":"sch.11-sec.75","sectionType":"section","heading":"Responsibilities of property officers","content":"### sch.11-sec.75 Responsibilities of property officers\n\nThis section sets out the responsibilities of a property officer who comes into possession of a relevant thing.\nA property officer must—\nkeep a record of the circumstances under which the officer came into possession of the relevant thing, including, for example—\nthe date the relevant thing was given to the officer or delivered to a property point; and\nif the relevant thing was seized—\nif the thing was seized by a police officer—the name, rank and registered number of the officer; or\nif the thing was seized by a protective services officer—the name, rank and employee number of the officer; and\na description of the relevant thing; and\nas soon as reasonably practicable after the property officer comes into possession of the relevant thing, ensure the thing is capable of being easily identified, including, for example, by doing both of the following—\nassigning a number, or other identifier, to the relevant thing;\nattaching a label or tag to the relevant thing stating the number or other identifier; and\nensure the safe and secure storage of the relevant thing at a property point; and\nif the thing is money, other than money that must be retained so it can be used as an exhibit in a court—deposit the money in a financial institution account operated by the police service; and\nif appropriate, transfer, or arrange the transfer of, the relevant thing to—\nanother property point for the safe and secure storage of the thing; or\nanother place for the destruction or disposal of the thing; or\na declared agency; and\nif required under an Act—destroy or dispose of the relevant thing in the way required under that Act; and\nif the relevant thing leaves the property officer’s possession, keep a record of—\nwhen and why the relevant thing left the property officer’s possession; and\nwhen the thing was returned to the property officer’s possession.\n(sch.11-sec.75-ssec.1) This section sets out the responsibilities of a property officer who comes into possession of a relevant thing.\n(sch.11-sec.75-ssec.2) A property officer must— keep a record of the circumstances under which the officer came into possession of the relevant thing, including, for example— the date the relevant thing was given to the officer or delivered to a property point; and if the relevant thing was seized— if the thing was seized by a police officer—the name, rank and registered number of the officer; or if the thing was seized by a protective services officer—the name, rank and employee number of the officer; and a description of the relevant thing; and as soon as reasonably practicable after the property officer comes into possession of the relevant thing, ensure the thing is capable of being easily identified, including, for example, by doing both of the following— assigning a number, or other identifier, to the relevant thing; attaching a label or tag to the relevant thing stating the number or other identifier; and ensure the safe and secure storage of the relevant thing at a property point; and if the thing is money, other than money that must be retained so it can be used as an exhibit in a court—deposit the money in a financial institution account operated by the police service; and if appropriate, transfer, or arrange the transfer of, the relevant thing to— another property point for the safe and secure storage of the thing; or another place for the destruction or disposal of the thing; or a declared agency; and if required under an Act—destroy or dispose of the relevant thing in the way required under that Act; and if the relevant thing leaves the property officer’s possession, keep a record of— when and why the relevant thing left the property officer’s possession; and when the thing was returned to the property officer’s possession.\n- (a) keep a record of the circumstances under which the officer came into possession of the relevant thing, including, for example— (i) the date the relevant thing was given to the officer or delivered to a property point; and (ii) if the relevant thing was seized— (A) if the thing was seized by a police officer—the name, rank and registered number of the officer; or (B) if the thing was seized by a protective services officer—the name, rank and employee number of the officer; and (iii) a description of the relevant thing; and\n- (i) the date the relevant thing was given to the officer or delivered to a property point; and\n- (ii) if the relevant thing was seized— (A) if the thing was seized by a police officer—the name, rank and registered number of the officer; or (B) if the thing was seized by a protective services officer—the name, rank and employee number of the officer; and\n- (A) if the thing was seized by a police officer—the name, rank and registered number of the officer; or\n- (B) if the thing was seized by a protective services officer—the name, rank and employee number of the officer; and\n- (iii) a description of the relevant thing; and\n- (b) as soon as reasonably practicable after the property officer comes into possession of the relevant thing, ensure the thing is capable of being easily identified, including, for example, by doing both of the following— (i) assigning a number, or other identifier, to the relevant thing; (ii) attaching a label or tag to the relevant thing stating the number or other identifier; and\n- (i) assigning a number, or other identifier, to the relevant thing;\n- (ii) attaching a label or tag to the relevant thing stating the number or other identifier; and\n- (c) ensure the safe and secure storage of the relevant thing at a property point; and\n- (d) if the thing is money, other than money that must be retained so it can be used as an exhibit in a court—deposit the money in a financial institution account operated by the police service; and\n- (e) if appropriate, transfer, or arrange the transfer of, the relevant thing to— (i) another property point for the safe and secure storage of the thing; or (ii) another place for the destruction or disposal of the thing; or (iii) a declared agency; and\n- (i) another property point for the safe and secure storage of the thing; or\n- (ii) another place for the destruction or disposal of the thing; or\n- (iii) a declared agency; and\n- (f) if required under an Act—destroy or dispose of the relevant thing in the way required under that Act; and\n- (g) if the relevant thing leaves the property officer’s possession, keep a record of— (i) when and why the relevant thing left the property officer’s possession; and (ii) when the thing was returned to the property officer’s possession.\n- (i) when and why the relevant thing left the property officer’s possession; and\n- (ii) when the thing was returned to the property officer’s possession.\n- (i) the date the relevant thing was given to the officer or delivered to a property point; and\n- (ii) if the relevant thing was seized— (A) if the thing was seized by a police officer—the name, rank and registered number of the officer; or (B) if the thing was seized by a protective services officer—the name, rank and employee number of the officer; and\n- (A) if the thing was seized by a police officer—the name, rank and registered number of the officer; or\n- (B) if the thing was seized by a protective services officer—the name, rank and employee number of the officer; and\n- (iii) a description of the relevant thing; and\n- (A) if the thing was seized by a police officer—the name, rank and registered number of the officer; or\n- (B) if the thing was seized by a protective services officer—the name, rank and employee number of the officer; and\n- (i) assigning a number, or other identifier, to the relevant thing;\n- (ii) attaching a label or tag to the relevant thing stating the number or other identifier; and\n- (i) another property point for the safe and secure storage of the thing; or\n- (ii) another place for the destruction or disposal of the thing; or\n- (iii) a declared agency; and\n- (i) when and why the relevant thing left the property officer’s possession; and\n- (ii) when the thing was returned to the property officer’s possession.","sortOrder":161},{"sectionNumber":"sch.11-sec.76","sectionType":"section","heading":"Application for orders declaring ownership of relevant things— Act , s 694","content":"### sch.11-sec.76 Application for orders declaring ownership of relevant things— Act , s 694\n\nThis section sets out the responsibilities of a police officer who applies under section 694 (2) of the Act for an order declaring who is the owner of a relevant thing.\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nthe reasons why the officer is seeking the order;\na description of the relevant thing, including, for example—\nthe approximate value of the relevant thing; and\nif the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and\nwhether the relevant thing may be needed as evidence in a proceeding; and\nif the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and\nif the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;\nif the relevant thing was seized by the police officer—the circumstances in which the thing was seized, including, for example, if the relevant thing was seized under a search warrant;\nother information or evidence, in the possession of the officer, that may assist the magistrate hearing the application to decide the application.\n(sch.11-sec.76-ssec.1) This section sets out the responsibilities of a police officer who applies under section 694 (2) of the Act for an order declaring who is the owner of a relevant thing.\n(sch.11-sec.76-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the reasons why the officer is seeking the order; a description of the relevant thing, including, for example— the approximate value of the relevant thing; and if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and whether the relevant thing may be needed as evidence in a proceeding; and if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding; if the relevant thing was seized by the police officer—the circumstances in which the thing was seized, including, for example, if the relevant thing was seized under a search warrant; other information or evidence, in the possession of the officer, that may assist the magistrate hearing the application to decide the application.\n- (a) the officer’s name, rank, registered number and station;\n- (b) the reasons why the officer is seeking the order;\n- (c) a description of the relevant thing, including, for example— (i) the approximate value of the relevant thing; and (ii) if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and (iii) whether the relevant thing may be needed as evidence in a proceeding; and (iv) if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and (v) if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;\n- (i) the approximate value of the relevant thing; and\n- (ii) if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and\n- (iii) whether the relevant thing may be needed as evidence in a proceeding; and\n- (iv) if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and\n- (v) if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;\n- (d) if the relevant thing was seized by the police officer—the circumstances in which the thing was seized, including, for example, if the relevant thing was seized under a search warrant;\n- (e) other information or evidence, in the possession of the officer, that may assist the magistrate hearing the application to decide the application.\n- (i) the approximate value of the relevant thing; and\n- (ii) if the police officer reasonably believes a person has a legal or equitable interest in the relevant thing—the nature of the interest; and\n- (iii) whether the relevant thing may be needed as evidence in a proceeding; and\n- (iv) if the relevant thing may be needed as evidence in a proceeding for an offence—the offence; and\n- (v) if the relevant thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;","sortOrder":162},{"sectionNumber":"sch.11-sec.77","sectionType":"section","heading":"Applications for orders in relation to seized things— Act , s 695","content":"### sch.11-sec.77 Applications for orders in relation to seized things— Act , s 695\n\nThis section sets out the responsibilities of a police officer who applies under section 695 (2) of the Act for an order under section 696 of the Act in relation to the thing (the seized thing ) mentioned in section 695 (1) of the Act .\nThe police officer must include all of the following information in the application—\nthe officer’s name, rank, registered number and station;\nthe order under section 696 (1) or (2) of the Act the officer is seeking;\nthe reasons why the officer is seeking the order;\na description of the seized thing, including, for example—\nthe approximate value of the seized thing; and\nif the police officer reasonably believes a person has a legal or equitable interest in the seized thing—the nature of the interest; and\nwhether the seized thing may be needed as evidence in a proceeding; and\nif the seized thing may be needed as evidence in a proceeding for an offence—the offence; and\nif the seized thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;\nthe circumstances in which the thing was seized, including, for example, if the seized thing was seized under a search warrant;\nother information or evidence, in the possession of the officer, that may assist the issuer to decide the application.\nIn this section—\nissuer see section 695 (2) of the Act .\n(sch.11-sec.77-ssec.1) This section sets out the responsibilities of a police officer who applies under section 695 (2) of the Act for an order under section 696 of the Act in relation to the thing (the seized thing ) mentioned in section 695 (1) of the Act .\n(sch.11-sec.77-ssec.2) The police officer must include all of the following information in the application— the officer’s name, rank, registered number and station; the order under section 696 (1) or (2) of the Act the officer is seeking; the reasons why the officer is seeking the order; a description of the seized thing, including, for example— the approximate value of the seized thing; and if the police officer reasonably believes a person has a legal or equitable interest in the seized thing—the nature of the interest; and whether the seized thing may be needed as evidence in a proceeding; and if the seized thing may be needed as evidence in a proceeding for an offence—the offence; and if the seized thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding; the circumstances in which the thing was seized, including, for example, if the seized thing was seized under a search warrant; other information or evidence, in the possession of the officer, that may assist the issuer to decide the application.\n(sch.11-sec.77-ssec.3) In this section— issuer see section 695 (2) of the Act .\n- (a) the officer’s name, rank, registered number and station;\n- (b) the order under section 696 (1) or (2) of the Act the officer is seeking;\n- (c) the reasons why the officer is seeking the order;\n- (d) a description of the seized thing, including, for example— (i) the approximate value of the seized thing; and (ii) if the police officer reasonably believes a person has a legal or equitable interest in the seized thing—the nature of the interest; and (iii) whether the seized thing may be needed as evidence in a proceeding; and (iv) if the seized thing may be needed as evidence in a proceeding for an offence—the offence; and (v) if the seized thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;\n- (i) the approximate value of the seized thing; and\n- (ii) if the police officer reasonably believes a person has a legal or equitable interest in the seized thing—the nature of the interest; and\n- (iii) whether the seized thing may be needed as evidence in a proceeding; and\n- (iv) if the seized thing may be needed as evidence in a proceeding for an offence—the offence; and\n- (v) if the seized thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;\n- (e) the circumstances in which the thing was seized, including, for example, if the seized thing was seized under a search warrant;\n- (f) other information or evidence, in the possession of the officer, that may assist the issuer to decide the application.\n- (i) the approximate value of the seized thing; and\n- (ii) if the police officer reasonably believes a person has a legal or equitable interest in the seized thing—the nature of the interest; and\n- (iii) whether the seized thing may be needed as evidence in a proceeding; and\n- (iv) if the seized thing may be needed as evidence in a proceeding for an offence—the offence; and\n- (v) if the seized thing may be needed as evidence in a forfeiture proceeding—the type of forfeiture proceeding;","sortOrder":163}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.6(d) and sec.6(e)","severity":"low","reasoning":"Terminological inconsistency within a single section. 'Impounding' and 'impoundment' are used interchangeably but the deliberate use of two different forms in adjacent subsections dealing with near-identical scenarios creates unnecessary ambiguity about whether the legislature intended a distinction. The inconsistency has no obvious functional purpose.","confidence":0.85,"description":"Section 6(d) uses the phrase 'period of impounding ends' while section 6(e) uses the phrase 'period of impoundment ends' — two different terms for what appears to be the same concept within the same section of the same regulation."},{"type":"other","section":"sec.9(c)","severity":"low","reasoning":"An immobilised vehicle is not taken to a holding yard — it stays where it is. The cost of 'removing' the vehicle is therefore either inapplicable or nonsensical in an immobilising notice. Section 6(b) uses the same formulation for impounding notices, where removal costs are appropriate, suggesting this language has been copied across without adaptation.","confidence":0.75,"description":"Section 9(c) requires an immobilising notice to state that the driver, if an adult, 'will be required to pay the costs of removing or keeping the motor vehicle' — but an immobilised vehicle is not removed; it remains in place. The reference to 'removing' the vehicle is inapt in the immobilisation context."},{"type":"other","section":"sec.16","severity":"low","reasoning":"DNA samples by their nature are inherently identifying biometric material. A sample that 'cannot identify' the person from whom it was taken is a contradiction in terms unless it refers to samples that have been anonymised after collection. The regulation does not explain the anonymisation process, leaving a conceptual gap about how identifying biological material transforms into non-identifying statistical data and who performs that transformation.","confidence":0.65,"description":"The statistical index is defined as containing DNA samples that 'cannot identify the persons from whom the DNA samples were taken' and are 'used only for statistical purposes' — yet the samples must have been taken from identifiable persons at some point to be lawfully obtained, raising the question of how non-identifying samples are lawfully collected in the first place."},{"type":"other","section":"sec.32","severity":"low","reasoning":"Section 32(1) prescribes ATSILS for paragraph (a) of the definition and section 32(2)(a) prescribes it again for paragraph (b). If paragraphs (a) and (b) of the parent Act definition carry different legal consequences (e.g. different funding obligations, different access rights), applying both to the same entity simultaneously could create internal tension. At minimum it appears redundant and potentially unintentional.","confidence":0.72,"description":"ATSILS (Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd) is prescribed under both paragraph (a) and paragraph (b) of the definition of 'legal aid organisation' in schedule 6 of the Act — meaning it satisfies two different definitional limbs simultaneously, which may have been unintended and could create duplicative or conflicting obligations."},{"type":"other","section":"sch.11-sec.2","severity":"low","reasoning":"A court application cannot be covert — it is a formal proceeding before a magistrate or judge. Exempting covert functions from the Code is sensible in general, but it produces no practical effect for the warrant application obligations in Parts 2–4 of the Code, making the carve-out either superfluous in that context or raising questions about what it is actually intended to exempt.","confidence":0.6,"description":"The Responsibilities Code states it does not apply to 'functions of a police officer performed in a covert way' — but the Code sets out responsibilities for applying for search warrants, crime scene warrants, missing person warrants and access orders, all of which require court applications by definition and therefore cannot be performed covertly. The blanket covert exemption is potentially meaningless as applied to warrant applications."},{"type":"impossible_compliance","section":"sch.11-sec.3(2)(c)","severity":"low","reasoning":"While not strictly impossible, the drafting requires compliance with a reporting obligation that, in a first-warrant scenario, yields no information. More significantly, 'previous year' is undefined — it could mean the preceding calendar year, the preceding 12 months, or the preceding financial year — creating genuine ambiguity about the scope of the search an officer must conduct.","confidence":0.55,"description":"Police officers are required to provide information about every search warrant issued in the 'previous year' in relation to the relevant place or a relevant person. This obligation applies to the first search warrant application as well as subsequent ones — meaning for a first-ever application with no prior warrants, the officer must report that there are none, which is a formal compliance obligation with no substantive content."}],"contradictions":[{"severity":"low","section_a":"sec.6(d)","section_b":"sec.6(e)","confidence":0.85,"description":"Section 6(d) refers to 'the period of impounding ends' while section 6(e) refers to 'the period of impoundment ends'. Both provisions deal with the same concept — the end of the impounding period — within the same section, but use different terminology, creating a potential ambiguity as to whether the legislature intended these to mean the same thing or different things."},{"severity":"medium","section_a":"sec.19","section_b":"sec.20","confidence":0.78,"description":"Both the volunteers (limited purpose) index (sec.19) and the volunteers (unlimited purpose) index (sec.20) are defined as containing DNA samples taken from persons 'under forensic procedure consents, or consents obtained before 2 February 2004'. The only distinction is whether the samples 'may be used for limited purposes' or 'may be used for any purpose'. However, both sections use identical language to describe the source of the consents, meaning the same consent could potentially place a sample in either index, with no mechanism in the regulation to determine which index applies to a given consent."},{"severity":"low","section_a":"sec.6(b)","section_b":"sec.9(c)","confidence":0.72,"description":"Both impounding notices (sec.6(b)) and immobilising notices (sec.9(c)) are required to state that an adult driver 'will be required to pay the costs of removing or keeping the motor vehicle'. For an impounded vehicle, removal costs are appropriate. For an immobilised vehicle that remains on-site, removal costs are inapplicable, creating an internal inconsistency between the notice requirements and the practical reality of immobilisation."},{"severity":"low","section_a":"sec.32(1)","section_b":"sec.32(2)(a)","confidence":0.7,"description":"ATSILS is prescribed under both paragraph (a) and paragraph (b) of the definition of 'legal aid organisation' in the Act. If those two paragraphs of the parent Act definition carry distinct legal meanings or consequences, applying both to the same organisation simultaneously creates a contradiction as to which regime governs ATSILS. If they carry identical consequences, the double prescription is redundant, suggesting a drafting error."},{"severity":"low","section_a":"sch.11-sec.8(b)","section_b":"sch.11-sec.11(b)","confidence":0.5,"description":"Section sch.11-sec.8 defines an authorised assistant for a crime scene as requiring the opinion of 'the responsible officer at the crime scene', while sch.11-sec.11 defines an authorised assistant for a missing person scene as requiring the opinion of 'the responsible officer for the missing person scene'. The prepositional difference ('at' vs 'for') may be intentional but is unexplained and could create ambiguity about whether the responsible officer must be physically present at the scene (crime scene) versus merely having responsibility for it (missing person scene)."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This instrument principally consolidates, updates and elaborates procedural and administrative detail under the existing Police Powers and Responsibilities Act and replaces the 2012 Regulation. It does not materially expand the statutory powers conferred by the Act itself. Some specific adjustments broaden or clarify how existing powers operate in practice — for example, the volunteers (unlimited purpose) QDNA index (s 20) permits broader use of volunteer DNA samples than a strictly limited volunteers index; the regulation prescribes particular vehicle standards offences linked to impound/immobilise powers (s 4); and it updates which state buildings are captured (s 23) and which localities are declared (s 24) — but these are refinements in scope and procedure rather than a significant expansion beyond the Act’s original intent. Overall, the instrument refines form, record‑keeping and procedural safeguards rather than creating new classes of police power."},"complexity_factors":["Regulation replaces an existing instrument and contains extensive transitional provisions (commencement 31 March 2026; repeal of 2012 Regulation) (secs 2, 37–38).","Large Responsibilities Code in schedule 11 with at least 77 numbered sections (sch 11‑sec.1 to sch 11‑sec.77) setting detailed procedural requirements for many different powers and scenarios.","Numerous cross‑references to the principal Act (multiple sections referenced across the instrument: e.g. ss 41, 48, 59, 69A, 74A, 74B, 74E, 78, 150, 157, 161, 170, 173, 179J, 199, 205, 212, 217, 220, 328, 330, 494, 549, 604, 605, 622, 666, 679, 694–696) — heavy interdependence on Act wording.","Multiple conditional and conditional‑within‑condition rules (e.g. permitted DNA comparisons: 'yes' vs 'if within purpose', and comparisons permitted subject to the purpose of consent or the Act) (s 21).","Large number of enumerated lists and schedules (QDNA index types, maps for declared localities, prescribed Acts, corresponding laws, declared agencies, relevant diseases, responsibilities examples and required application contents).","Detailed procedural branching for different actor types (children, Aboriginal and Torres Strait Islander persons, visiting foreign nationals, volunteers, witnesses, support persons) with tailored rules (many sch 11 provisions).","Multiple registers and reporting obligations with specific data fields (register of covert acts, register of enforcement acts, property officer records) requiring structured data capture (sch 11, secs 46, 47, 74–75)."],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Replaces and updates the Police Powers and Responsibilities Regulation 2012 with a new, consolidated instrument (Police Powers and Responsibilities Regulation 2026) that comes into force on 31 March 2026 (secs 1–2, 37).  It preserves and restates many operational detail rules that sit under the principal Act.\n\n- Prescribes particular offences and vehicle conditions that trigger impounding or immobilising powers, and lists the information that must appear on notices to owners and drivers (secs 4–9).  It clarifies which vehicle‑standards offences and heavy‑vehicle offences qualify as “type 2” vehicle‑related offences for use of impound/forfeiture powers (s 4).  Impounding/immobilising notices must tell owners/drivers about evidence of ownership requirements, potential costs, penalties for unlawful recovery or operation, and, where relevant, how a vehicle may become State property or be forfeited (secs 6–9).\n\n- Sets the prescribed small quantities for minor drug offences by reference to schedule 1 (s 10 and schedule 1 definitions).\n\n- Establishes the types of DNA indexes that may be kept in the Queensland DNA system (QDNA), and limits the kinds of inter‑database comparisons that are permitted (secs 11–22, schedules 2 and 1).  It lists eight QDNA indexes (crime scene; missing persons; serious offenders; statistical; suspects; unknown deceased; volunteers (limited) and volunteers (unlimited)) and prescribes when QDNA results may be compared with Australian Criminal Collections (s 12–21).\n\n- Specifies a small group of \"state buildings\" for particular powers (e.g. Queensland Cultural Centre and Legal Aid offices) and declares a set of localities for powers under the Act (secs 23–24, schedule 3).  Maps are published on the police website (s 24 note).\n\n- Prescribes numerous administrative matters, cross‑references and corresponding laws, and identifies certain entities as declared agencies or legal aid organisations (secs 28–36, schedules 5–10).\n\n- Introduces a detailed \"Responsibilities Code 2026\" (schedule 11) that sets out step‑by‑step information police officers (and senior officers) must include when applying for warrants, production notices and orders, surveillance device and covert search warrants, monitoring and suspension orders, monitoring premises security, covert acts registers, identification procedures (parades and photo boards), records for enforcement acts, and property handling rules (sch 11, secs 3–77).  The Code specifies form and content requirements (officer identity, reasons, supporting evidence, prior similar orders, how seized things are handled, etc.) and procedural protections (how to caution suspects, interpreter and support‑person rules, rights to silence, rules for questioning Aboriginal and Torres Strait Islander people, and record‑keeping when electronic recording is not practicable).\n\n\nWho it affects\n\n- Police and senior police officers: stronger and more prescriptive directions about what to include in applications, reports and registers; new record‑keeping and security duties (schedule 11 generally).\n\n- People subject to police powers: suspects, witnesses, children, Aboriginal and Torres Strait Islander persons, visiting foreign nationals — the Code imposes specific cautioning, interpreter and support‑person procedures (sch 11, e.g. secs 23–31, 27–29).\n\n- Motor vehicle owners, drivers and vehicle modification businesses: certain vehicle standards and heavy‑vehicle offences are explicitly linked to impound/immobilise powers; owners/drivers are liable for costs and penalties spelled out in notices (secs 4–9).\n\n- Organisations that hold financial or documentary records (financial institutions, cash dealers): monitoring orders, suspension orders, production notices and production orders are given detailed application form and reporting requirements and must be recorded (sch 11, secs 12, 15–16, 46, 54–57).\n\n- Forensic and laboratory services and persons volunteering DNA samples: the QDNA indexing and permitted comparison rules affect what DNA results are stored and how they may be compared with ACC indexes (secs 11–22).\n\n- Property officers and agencies that handle seized property: detailed custody, labeling, storage, transfer and disposal duties (sch 11, secs 74–77).\n\n\nWhy it matters (official purpose claims and practical effects)\n\n- Officially, the instrument modernises and clarifies operational requirements under the Act: it consolidates procedural detail, sets evidentiary/notification standards, and prescribes record‑keeping to support accountability and future review (see Responsibilities Code, sch 11).\n\n- Practical trade‑offs and incentives:\n  - Police benefit from clearer application templates and mandatory content (reduces ambiguity when courts or oversight bodies later review actions).  That is concentrated benefit to the service (sch 11, e.g. secs 3–6, 12, 14–17, 19).\n  - The regulation increases administrative and compliance burdens on officers and support staff: more mandatory information, more recording and register entries, requirements to use approved forms and to store and secure recordings and exhibits properly (sch 11, secs 20, 33–34, 46, 74–75).  These require time, training and IT/system support.\n  - Affected private parties (vehicle owners, repair/modification businesses, financial institutions and cash dealers) face potential direct costs: impound/immobilisation costs charged to drivers/owners (secs 6–9); compliance costs and information disclosure obligations under monitoring/suspension/production powers (sch 11, secs 12, 15–16, 54–57).  That shifts some enforcement costs to private actors.\n  - Forensic practices are regulated more tightly (QDNA indexes and permissible comparisons).  The volunteers (unlimited purpose) index (s 20) in particular permits broader use of volunteer DNA in investigations; that broadens lawful uses of that DNA and may increase matching opportunities, but also raises data‑use and privacy considerations.\n\n- Implementation risks and opportunity costs:\n  - Successful implementation depends on police training, approved legal assistance availability for specialised warrants (sch 11, secs 17, 19), and IT systems for secure registers and QDNA indexing.  Poor implementation could generate legal challenges or public complaints.\n  - Time police spend completing prescribed forms and registers is time not spent on front‑line activities; there is an opportunity cost to heavy prescription.\n\n- Bureaucratic discretion and oversight:\n  - The regulation frequently requires police to make subjective judgments (reasonable suspicion, necessity, whether someone will “disrupt” an identification procedure). Those judgments remain under the Act but are now framed by prescriptive procedural steps (e.g. what to include in an application and how to explain rights).  That reduces some discretion about form but leaves substantive discretion intact (see sch 11 throughout).\n\n- Effects on private choice and markets:\n  - Businesses that alter vehicles (noise/emissions modifiers) may face increased enforcement risk if the modification or equipment doesn’t meet heavy vehicle/vehicle standards listed in s 4—this affects aftermarket modification enterprises and could reduce some private choices about vehicle alterations (s 4).\n  - Financial institutions and cash dealers will face additional compliance processing for monitoring and production orders; that has predictable compliance costs, possibly passed to customers.\n\n\nNet practical reading: The Regulation is an administrative and procedural rewrite and tightening of how police use powers under the Act. It standardises forms, lists and record‑keeping to reduce ambiguity and to make police decision‑making and the consequences of enforcement (impoundment, coercive orders, covert operations, DNA uses, property custody) more traceable. That increases administrative burdens on police and on certain private actors (vehicle owners, banks, cash dealers) and requires investment in training and secure systems. (See Responsibilities Code, schedule 11; impounding/immobilising rules, secs 4–9; QDNA rules, secs 11–22.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":682},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"This appears to be a standard re-enactment and update of the 2012 regulation. The scope remains consistent with the original purpose — operationalising police powers under the parent Act. No significant expansion beyond the established framework of vehicle impoundment, forensic procedures, declared localities, and police conduct rules is evident. The structure and subject matter align with typical subordinate legislation for police powers."},"complexity_factors":["Extensive cross-referencing to the parent Act (Police Powers and Responsibilities Act) with hundreds of section references","Multiple nested conditional structures (e.g. 'if X, then Y, unless Z')","8 distinct DNA index types with complex permissible comparison rules requiring reference to a separate table in Schedule 2","Detailed procedural requirements with mandatory verbatim statements police must use when cautioning suspects","Multiple warrant types (search, crime scene, missing person, production, monitoring, suspension, covert search, surveillance device) each with unique application requirements","Extensive record-keeping obligations across multiple registers (covert acts, enforcement acts)","Schedule-based structure with 12 schedules, many containing multiple parts and detailed tabular information","Conditional exceptions throughout (e.g. covert operations exempted from standard responsibilities code)","Complex definitions with multiple sub-paragraphs and examples nested within sections"],"plain_english_summary":"This is a **Queensland regulation** that sets out detailed operational rules for police powers and responsibilities. It replaces the 2012 version and takes effect on 31 March 2026.\n\n**What it covers:**\n\n- **Vehicle impounding and immobilising** — specifies which vehicle offences (like defective vehicles or illegal modifications) trigger police powers to impound or immobilise cars, and what information must go on notices to owners\n\n- **Drug quantities** — sets thresholds for what counts as a \"minor\" drug offence\n\n- **DNA and forensic procedures** — establishes 8 types of DNA indexes (crime scene, suspects, volunteers, etc.) and rules for comparing Queensland DNA data with national databases\n\n- **State buildings** — designates specific buildings (Queensland Cultural Centre, Legal Aid offices) where special police powers apply\n\n- **Declared localities** — maps out 7 specific areas (Mount Isa, Cairns, Townsville, Inner Brisbane, Logan, Rockhampton/Gracemere, Caboolture) where police have enhanced powers to detain intoxicated people\n\n- **Traffic direction** — specifies how police can signal drivers and people with animals to stop, proceed, or move\n\n- **Police responsibilities code** — extensive rules governing how police must conduct searches, apply for warrants, question suspects, handle evidence, and treat vulnerable people (children, Aboriginal and Torres Strait Islander peoples, people with impaired capacity)\n\n**Why it matters:**\nThis regulation puts flesh on the bones of the Police Powers and Responsibilities Act. It affects anyone who might be stopped, searched, questioned, or have their vehicle seized by Queensland police. The detailed procedures are designed to balance effective policing with protections for individual rights — particularly for vulnerable groups. The \"Responsibilities Code\" sections impose strict protocols police must follow, with specific wording they must use when cautioning people or explaining their rights."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This regulation is a restatement and update of the Police Powers and Responsibilities Regulation 2012, not a substantive expansion of scope. It replaces the 2012 regulation with modernised content (including a new Responsibilities Code 2026) but operates within the same subject matter: vehicle impounding, DNA databases, drug quantities, police warrant procedures, declared localities, and traffic direction. The transitional provisions confirm continuity of purpose. No significant new subject matter or expansion of police powers beyond what existed under the 2012 framework is evident from the text provided."},"complexity_factors":["Cross-references to numerous other Acts and regulations (e.g., Road Use Management Act, Heavy Vehicle National Law, Major Events Act 2014, Legal Aid Queensland Act 1997, Acts Interpretation Act 1954) requiring the reader to consult multiple documents","Highly technical vehicle standards provisions referencing specific subsections of other regulations (e.g., vehicle standards and safety regulation s.8(1), s.18(1), s.19(1)) that are meaningless without those documents","DNA database framework involves nuanced rules about when cross-database comparisons are permitted, including conditional 'if within purpose' qualifications requiring contextual judgment","Layered offence classification system (Type 1 vs Type 2 vehicle offences, first/second/third/fourth or subsequent offences) creating complex escalating consequences","Detailed procedural checklists for warrant applications (search, crime scene, missing person, production notices, access orders) that are highly technical and multi-layered","Transitional provisions requiring readers to map old provisions to new ones, adding interpretive difficulty","Multiple schedules (12 in total) containing substantive content not reproduced in the main body of the regulation","The regulation is largely meaningless without reading the parent Act (Police Powers and Responsibilities Act), making standalone comprehension nearly impossible","Drug quantity provisions use precise scientific measurements (e.g., 0.00004g) and pharmaceutical scheduling categories (S4, S8) unfamiliar to general readers","Declared localities defined by reference to external maps rather than described in the text itself"],"plain_english_summary":"This regulation updates how Queensland police exercise powers under the Police Powers and Responsibilities Act, replacing the 2012 rules from 31 March 2026. It sets practical procedures for vehicle impounding and immobilisation, minor drug quantities, DNA recordkeeping and cross‑checks, declared localities with enhanced public‑intoxication powers, search‑warrant procedures, and other operational details.\n\nIt matters to anyone in Queensland—drivers, people stopped or searched by police, those whose DNA is taken, and residents or visitors in the named localities—because it spells out rights, duties, and how police must act."}},"importantCases":[],"_links":{"self":"/api/acts/police-powers-and-responsibilities-regulation-2026","history":"/api/acts/police-powers-and-responsibilities-regulation-2026/history","analysis":"/api/acts/police-powers-and-responsibilities-regulation-2026/analysis","conflicts":"/api/acts/police-powers-and-responsibilities-regulation-2026/conflicts","importantCases":"/api/acts/police-powers-and-responsibilities-regulation-2026/important-cases","documents":"/api/acts/police-powers-and-responsibilities-regulation-2026/documents"}}