QLDIn ForceAct
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
sec.60Power of detention to enable notice to be given
Start here
Get a plain-English read of sec.60
Turn the raw legal text into a practical explanation grounded in Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
### sec.60 Power of detention to enable notice to be given
This section applies if there are reasonable grounds to suspect that—
a person is a reportable offender; and
the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations.
A police officer may detain the person if it is reasonably necessary to do so—
to enable a decision to be made about—
whether or not the person is a reportable offender; or
if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or
to enable the person to be given notice of those obligations if the person is not aware of them.
When detaining the person, the police officer must tell the person—
why the person is being detained; and
that the detention is authorised under this Act; and
that the person will be released immediately after the reasons for the detention are satisfied.
The detained person—
may be taken to the nearest police station; and
must—
not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and
not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and
be released immediately after the purpose of detention is satisfied.
s 60 amd 2014 No. 34 s 25 ; 2024 No. 24 s 57 s ch 1 pt 2
(sec.60-ssec.1) This section applies if there are reasonable grounds to suspect that— a person is a reportable offender; and the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations.
(sec.60-ssec.2) A police officer may detain the person if it is reasonably necessary to do so— to enable a decision to be made about— whether or not the person is a reportable offender; or if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or to enable the person to be given notice of those obligations if the person is not aware of them.
(sec.60-ssec.3) When detaining the person, the police officer must tell the person— why the person is being detained; and that the detention is authorised under this Act; and that the person will be released immediately after the reasons for the detention are satisfied.
(sec.60-ssec.4) The detained person— may be taken to the nearest police station; and must— not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and be released immediately after the purpose of detention is satisfied.
- (a) a person is a reportable offender; and
- (b) the person has not been given notice, or is otherwise unaware, of the person’s reporting obligations.
- (a) to enable a decision to be made about— (i) whether or not the person is a reportable offender; or (ii) if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or
- (i) whether or not the person is a reportable offender; or
- (ii) if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or
- (b) to enable the person to be given notice of those obligations if the person is not aware of them.
- (i) whether or not the person is a reportable offender; or
- (ii) if the person is a reportable offender—whether or not the person has been given notice, or is aware, of the person’s reporting obligations; or
- (a) why the person is being detained; and
- (b) that the detention is authorised under this Act; and
- (c) that the person will be released immediately after the reasons for the detention are satisfied.
- (a) may be taken to the nearest police station; and
- (b) must— (i) not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and (ii) not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and (iii) be released immediately after the purpose of detention is satisfied.
- (i) not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and
- (ii) not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and
- (iii) be released immediately after the purpose of detention is satisfied.
- (i) not be held for longer than is reasonably necessary to enable the purpose of the detention to be satisfied; and
- (ii) not be held only because the person has refused to sign an acknowledgement that the person has been given notice of the person’s reporting obligations; and
- (iii) be released immediately after the purpose of detention is satisfied.