General

sec.1 Short title

This Act may be cited as the Police Powers and Responsibilities Act 2000 .

sec.2 Commencement

This Act, other than sections 379 , 373 , 374 , 375 , 376 and 377 and schedules 2 and 3 , commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first. Sections 373 , 374 , 375 , 376 and 377 and schedule 2 commence on the date of assent. Section 379 and schedule 3 commence on a day to be fixed by proclamation. s 2 amd 2000 No. 22 s 4 (sec.2-ssec.1) This Act, other than sections 379 , 373 , 374 , 375 , 376 and 377 and schedules 2 and 3 , commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first. (sec.2-ssec.2) Sections 373 , 374 , 375 , 376 and 377 and schedule 2 commence on the date of assent. (sec.2-ssec.3) Section 379 and schedule 3 commence on a day to be fixed by proclamation.

sec.3 Dictionary

The dictionary in schedule 6 defines words used in this Act.

sec.4 Notes in text

A note in the text of this Act is part of this Act. s 4 ins 2003 No. 49 s 4

sec.5 Purposes of Act

The purposes of this Act are as follows— to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law; to provide powers necessary for effective modern policing and law enforcement; to provide consistency in the nature and extent of the powers and responsibilities of police officers; to standardise the way the powers and responsibilities of police officers are to be exercised; to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act; to enable the public to better understand the nature and extent of the powers and responsibilities of police officers; to provide for the forced muster of stray stock. s 5 amd 2014 No. 13 s 20

• (a) to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law;
• (b) to provide powers necessary for effective modern policing and law enforcement;
• (c) to provide consistency in the nature and extent of the powers and responsibilities of police officers;
• (d) to standardise the way the powers and responsibilities of police officers are to be exercised;
• (e) to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act;
• (f) to enable the public to better understand the nature and extent of the powers and responsibilities of police officers;
• (g) to provide for the forced muster of stray stock.

sec.6 Act binds all persons

This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. s 6 ins 2005 No. 45 s 4 (sec.6-ssec.1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.6-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.

sec.7 Compliance with Act by police officers

It is Parliament’s intention that police officers should comply with this Act in exercising powers and performing responsibilities under it. For ensuring compliance with Parliament’s intention, a police officer who contravenes this Act may be dealt with as provided by law. A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling. A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990 . A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001 . A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code , section 355 . s 7 amd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 32 s 32 sch 1 (sec.7-ssec.1) It is Parliament’s intention that police officers should comply with this Act in exercising powers and performing responsibilities under it. (sec.7-ssec.2) For ensuring compliance with Parliament’s intention, a police officer who contravenes this Act may be dealt with as provided by law. A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling. A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990 . A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001 . A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code , section 355 .

• 1 A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling.
• 2 A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990 .
• 3 A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001 .
• 4 A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code , section 355 .

sec.8 Act does not affect certain principles

This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion. Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders. (sec.8-ssec.1) This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion. (sec.8-ssec.2) Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders.

Effect of Act on other laws

sec.9 Act does not affect constable’s common law powers etc.

Unless this Act otherwise provides, this Act does not affect— the powers, obligations and liabilities a constable has at common law; or the powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property.

• (a) the powers, obligations and liabilities a constable has at common law; or
• (b) the powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property.

sec.10 Act does not affect court’s common law discretion to exclude evidence or stay criminal proceedings

This Act does not affect the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion or stay the proceeding in the interests of justice. s 10 amd 2005 No. 45 s 5

sec.11 Inconsistency

The object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities. This section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer. To the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary. This section applies subject to section 12 . (sec.11-ssec.1) The object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities. (sec.11-ssec.2) This section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer. (sec.11-ssec.3) To the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary. (sec.11-ssec.4) This section applies subject to section 12 .

sec.12 Relationship to other Acts

This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1 . A police officer who has entered a place under section 609 may, under the Public Health Act 2005 , section 157B , take a person to a treatment or care place within the meaning of chapter 4A of that Act. However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1 . It may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place. Also, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised. s 12 amd 2000 No. 16 s 590 s ch 1 pt 2 (amd 2001 No. 78 s 102 sch 2 ); 2016 No. 5 s 923 sch 4 (sec.12-ssec.1) This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1 . A police officer who has entered a place under section 609 may, under the Public Health Act 2005 , section 157B , take a person to a treatment or care place within the meaning of chapter 4A of that Act. (sec.12-ssec.2) However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1 . It may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place. (sec.12-ssec.3) Also, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised.

Appointment as, and helping, public officials

Provisions about appointments

sec.13 Appointment of police officers as public officials for other Acts

This section applies if— an Act ( authorising law ) authorises someone ( appointer ) to appoint public officials for giving effect to the authorising law; and a police officer may be appointed as a public official under the authorising law. Despite the authorising law, the appointer may appoint a police officer as a public official for the authorising law only with the commissioner’s written approval to the proposed appointment. The commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed— has the necessary experience or expertise to be a public official for the authorising law; or has satisfactorily completed a course of training approved by the commissioner. A police officer may exercise powers as a public official under an authorising law only if and to the extent the commissioner approves the police officer’s appointment under this section. If, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law. (sec.13-ssec.1) This section applies if— an Act ( authorising law ) authorises someone ( appointer ) to appoint public officials for giving effect to the authorising law; and a police officer may be appointed as a public official under the authorising law. (sec.13-ssec.2) Despite the authorising law, the appointer may appoint a police officer as a public official for the authorising law only with the commissioner’s written approval to the proposed appointment. (sec.13-ssec.3) The commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed— has the necessary experience or expertise to be a public official for the authorising law; or has satisfactorily completed a course of training approved by the commissioner. (sec.13-ssec.4) A police officer may exercise powers as a public official under an authorising law only if and to the extent the commissioner approves the police officer’s appointment under this section. (sec.13-ssec.5) If, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law.

• (a) an Act ( authorising law ) authorises someone ( appointer ) to appoint public officials for giving effect to the authorising law; and
• (b) a police officer may be appointed as a public official under the authorising law.
• (a) has the necessary experience or expertise to be a public official for the authorising law; or
• (b) has satisfactorily completed a course of training approved by the commissioner.

sec.14 Declaration of police officers as public officials

This section applies if, under an express provision of an Act ( authorising law ), a police officer is a public official. Despite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers. The commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer— has the necessary experience or expertise to be a public official for the authorising law; or has satisfactorily completed a course of training approved by the commissioner. The commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad. s 14 amd 2006 No. 26 s 3 sch 1 ; 2014 No. 7 s 578 s ch 4 pt 2 (sec.14-ssec.1) This section applies if, under an express provision of an Act ( authorising law ), a police officer is a public official. (sec.14-ssec.2) Despite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers. (sec.14-ssec.3) The commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer— has the necessary experience or expertise to be a public official for the authorising law; or has satisfactorily completed a course of training approved by the commissioner. The commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad.

• (a) has the necessary experience or expertise to be a public official for the authorising law; or
• (b) has satisfactorily completed a course of training approved by the commissioner.

sec.15 Authorising provisions of other Acts apply subject to ss 13 – 14

A provision of another Act that expressly or impliedly authorises the appointment of a police officer as a public official or authorises a police officer to perform the functions of a public official applies subject to sections 13 and 14 .

Helping public officials

sec.16 Helping public officials exercise powers under other Acts

This section applies if an Act ( authorising law ) authorises a public official to perform functions in relation to a person or thing. However, this section only applies to a police officer who is not a public official for the authorising law. If a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law. Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law. If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances. The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has. Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act. (sec.16-ssec.1) This section applies if an Act ( authorising law ) authorises a public official to perform functions in relation to a person or thing. (sec.16-ssec.2) However, this section only applies to a police officer who is not a public official for the authorising law. (sec.16-ssec.3) If a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law. (sec.16-ssec.4) Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law. (sec.16-ssec.5) If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances. (sec.16-ssec.6) The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has. (sec.16-ssec.7) Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act.

sec.17 Steps police officer may take for failure to give name and address etc. to public official

This section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person’s name and address or date of birth has failed to comply with the requirement. The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse. If the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2 , part 4 , require the person to state the following— the person’s name and address; the person’s date of birth. See section 791 (Offence to contravene direction or requirement of police officer). This section does not apply if the public official is a police officer. (sec.17-ssec.1) This section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person’s name and address or date of birth has failed to comply with the requirement. (sec.17-ssec.2) The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse. (sec.17-ssec.3) If the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2 , part 4 , require the person to state the following— the person’s name and address; the person’s date of birth. See section 791 (Offence to contravene direction or requirement of police officer). (sec.17-ssec.4) This section does not apply if the public official is a police officer.

• (a) the person’s name and address;
• (b) the person’s date of birth.

sec.18 Steps police officer may take for obstruction of public official

This section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened. The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse. If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct. This section does not apply if the public official is a police officer. (sec.18-ssec.1) This section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened. (sec.18-ssec.2) The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse. (sec.18-ssec.3) If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct. (sec.18-ssec.4) This section does not apply if the public official is a police officer.

Entry, inquiries and inspection

sec.19 General power to enter to make inquiries, investigations or serve documents

The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass. However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority. See, for example, the Disaster Management Act 2003 , section 111 . A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter. The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place. The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place. The entry may be for finding out if a missing person is in the place. Also, a police officer may enter and stay for a reasonable time on a place to serve a document. However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling. Also, the police officer may only use minimal force to enter the place. turning a door handle to open an unlocked door and opening the door s 19 amd 2024 No. 23 s 36 sch 1 (sec.19-ssec.1) The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass. (sec.19-ssec.2) However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority. See, for example, the Disaster Management Act 2003 , section 111 . (sec.19-ssec.3) A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter. The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place. The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place. The entry may be for finding out if a missing person is in the place. (sec.19-ssec.4) Also, a police officer may enter and stay for a reasonable time on a place to serve a document. (sec.19-ssec.5) However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling. (sec.19-ssec.6) Also, the police officer may only use minimal force to enter the place. turning a door handle to open an unlocked door and opening the door

• 1 The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.
• 2 The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.
• 3 The entry may be for finding out if a missing person is in the place.

sec.20 What is a reasonable time to stay on a place

What is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances. If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service— ask questions of anyone present at the place; make any reasonable investigation or observation. For the functions of the police service, see the Police Service Administration Act 1990 , section 2 .3 (Functions of service). If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law. (sec.20-ssec.1) What is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances. (sec.20-ssec.2) If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service— ask questions of anyone present at the place; make any reasonable investigation or observation. For the functions of the police service, see the Police Service Administration Act 1990 , section 2 .3 (Functions of service). (sec.20-ssec.3) If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law.

• (a) ask questions of anyone present at the place;
• (b) make any reasonable investigation or observation.

sec.21 General power to enter to arrest or detain someone or enforce warrant

A police officer may enter a place and stay for a reasonable time on the place— to arrest a person without warrant; or to arrest a person named in a warrant; or to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or to detain a person who may be detained under an order made under section 471 , 484 , 485 , 488 or 514 ; or to detain a person under another Act. See section 635 (Use of force likely to cause damage to enter places) for relevant safeguards. If the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling. If the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person. A police officer who enters a place under this section may search the place for the person. In this section— arrest , a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment. s 21 amd 2003 No. 49 s 5 ; 2006 No. 26 s 3 sch 1 (sec.21-ssec.1) A police officer may enter a place and stay for a reasonable time on the place— to arrest a person without warrant; or to arrest a person named in a warrant; or to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or to detain a person who may be detained under an order made under section 471 , 484 , 485 , 488 or 514 ; or to detain a person under another Act. See section 635 (Use of force likely to cause damage to enter places) for relevant safeguards. (sec.21-ssec.2) If the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling. (sec.21-ssec.3) If the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person. (sec.21-ssec.4) A police officer who enters a place under this section may search the place for the person. (sec.21-ssec.5) In this section— arrest , a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.

• (a) to arrest a person without warrant; or
• (b) to arrest a person named in a warrant; or
• (c) to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or
• (d) to detain a person who may be detained under an order made under section 471 , 484 , 485 , 488 or 514 ; or
• (e) to detain a person under another Act.

sec.21A Power to enter residence of reportable offender

A police officer may, at any time, enter premises where a reportable offender generally resides— to verify the offender’s personal details reported by the offender under— the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or to carry out an inspection under section 21B . In this section— generally reside , for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . personal details , of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . premises , for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender. s 21A ins 2014 No. 34 s 35 sch 1 amd 2017 No. 14 s 41 ; 2023 No. 21 s 49 ; 2024 No. 25 s 57 (sec.21A-ssec.1) A police officer may, at any time, enter premises where a reportable offender generally resides— to verify the offender’s personal details reported by the offender under— the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or to carry out an inspection under section 21B . (sec.21A-ssec.2) In this section— generally reside , for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . personal details , of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . premises , for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender.

• (a) to verify the offender’s personal details reported by the offender under— (i) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or (ii) a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or
• (i) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or
• (ii) a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or
• (b) to carry out an inspection under section 21B .
• (i) the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 ; or
• (ii) a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003 ; or

sec.21B Power to demand production of and inspect digital devices in possession of reportable offender

This section applies in relation to a reportable offender if— in the last 3 months, the reportable offender was— released from government detention; or sentenced to a supervision order; or the reportable offender has been convicted of a device inspection offence; or a device inspection order is made for the reportable offender under section 21C . A police officer may— require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and inspect a digital device in the reportable offender’s possession. However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1) (b) — unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 68 (4) ; or if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months. For subsection (3) (b) , each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection. In this section— device inspection offence means— an offence against any of the following provisions of the Criminal Code — section 218A section 228DA section 228DB ; or an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device— section 218B section 228B section 228C section 228D section 229B ; or an offence against any of the following provisions of the Criminal Code (Cwlth) — section 474 0.22 section 474 0.23 section 474 .23A section 474 .25A section 474 .25C section 474 0.26 section 474 0.27 section 474 .27AA section 474 .27A; or an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device— section 271 0.4 section 271 0.7 section 273 0.6 section 273 .7; or an offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) — section 474 0.19 section 474 .20; or an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) . digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . electronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information. government detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . inspect , a digital device, includes inspect the digital device using software. supervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . s 21B ins 2017 No. 14 s 42 amd 2018 No. 20 s 19 ; 2020 No. 7 s 20 ; 2021 No. 24 s 30 sub 2023 No. 21 s 50 (sec.21B-ssec.1) This section applies in relation to a reportable offender if— in the last 3 months, the reportable offender was— released from government detention; or sentenced to a supervision order; or the reportable offender has been convicted of a device inspection offence; or a device inspection order is made for the reportable offender under section 21C . (sec.21B-ssec.2) A police officer may— require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and inspect a digital device in the reportable offender’s possession. (sec.21B-ssec.3) However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1) (b) — unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 68 (4) ; or if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months. (sec.21B-ssec.4) For subsection (3) (b) , each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection. (sec.21B-ssec.5) In this section— device inspection offence means— an offence against any of the following provisions of the Criminal Code — section 218A section 228DA section 228DB ; or an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device— section 218B section 228B section 228C section 228D section 229B ; or an offence against any of the following provisions of the Criminal Code (Cwlth) — section 474 0.22 section 474 0.23 section 474 .23A section 474 .25A section 474 .25C section 474 0.26 section 474 0.27 section 474 .27AA section 474 .27A; or an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device— section 271 0.4 section 271 0.7 section 273 0.6 section 273 .7; or an offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) — section 474 0.19 section 474 .20; or an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) . digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . electronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information. government detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . inspect , a digital device, includes inspect the digital device using software. supervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .

• (a) in the last 3 months, the reportable offender was— (i) released from government detention; or (ii) sentenced to a supervision order; or
• (i) released from government detention; or
• (ii) sentenced to a supervision order; or
• (b) the reportable offender has been convicted of a device inspection offence; or
• (c) a device inspection order is made for the reportable offender under section 21C .
• (i) released from government detention; or
• (ii) sentenced to a supervision order; or
• (a) require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and
• (b) inspect a digital device in the reportable offender’s possession.
• (a) unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , section 68 (4) ; or
• (b) if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.
• (a) an offence against any of the following provisions of the Criminal Code — • section 218A • section 228DA • section 228DB ; or
• • section 218A
• • section 228DA
• • section 228DB ; or
• (b) an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device— • section 218B • section 228B • section 228C • section 228D • section 229B ; or
• • section 218B
• • section 228B
• • section 228C
• • section 228D
• • section 229B ; or
• (c) an offence against any of the following provisions of the Criminal Code (Cwlth) — • section 474 0.22 • section 474 0.23 • section 474 .23A • section 474 .25A • section 474 .25C • section 474 0.26 • section 474 0.27 • section 474 .27AA • section 474 .27A; or
• • section 474 0.22
• • section 474 0.23
• • section 474 .23A
• • section 474 .25A
• • section 474 .25C
• • section 474 0.26
• • section 474 0.27
• • section 474 .27AA
• • section 474 .27A; or
• (d) an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device— • section 271 0.4 • section 271 0.7 • section 273 0.6 • section 273 .7; or
• • section 271 0.4
• • section 271 0.7
• • section 273 0.6
• • section 273 .7; or
• (e) an offence against either of the following provisions of the Criminal Code (Cwlth) , as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth) — • section 474 0.19 • section 474 .20; or
• • section 474 0.19
• • section 474 .20; or
• (f) an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a) , (b) , (c) , (d) or (e) .
• • section 218A
• • section 228DA
• • section 228DB ; or
• • section 218B
• • section 228B
• • section 228C
• • section 228D
• • section 229B ; or
• • section 474 0.22
• • section 474 0.23
• • section 474 .23A
• • section 474 .25A
• • section 474 .25C
• • section 474 0.26
• • section 474 0.27
• • section 474 .27AA
• • section 474 .27A; or
• • section 271 0.4
• • section 271 0.7
• • section 273 0.6
• • section 273 .7; or
• • section 474 0.19
• • section 474 .20; or

sec.21C Magistrate may make device inspection order for reportable offender

This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B (1) (a) and (b) do not apply. A police officer may apply to a magistrate for an order (a device inspection order ) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender. The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children. In this section— digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . reportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . s 21C ins 2023 No. 21 s 50 (sec.21C-ssec.1) This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B (1) (a) and (b) do not apply. (sec.21C-ssec.2) A police officer may apply to a magistrate for an order (a device inspection order ) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender. (sec.21C-ssec.3) The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children. (sec.21C-ssec.4) In this section— digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 . reportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 , schedule 5 .

sec.21D Offence to contravene requirement to produce digital device

A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B (2) (a) . Maximum penalty—300 penalty units or 5 years imprisonment. It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person. s 21D ins 2023 No. 21 s 50 (sec.21D-ssec.1) A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B (2) (a) . Maximum penalty—300 penalty units or 5 years imprisonment. (sec.21D-ssec.2) It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person.

sec.22 Power to enter etc. for relevant laws

For ensuring compliance with a relevant law, a police officer may do any of the following— at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law; inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item; seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act; require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection; inspect security measures a person must maintain under the relevant law; require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e) . A police officer may enter a part of a place not used for the purpose for which entry is made, but only to get to the place used for the purpose. If a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must— give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and return the item to the place from which it was taken— as soon as practicable, but no later than the end of the next day the place is open for business; or if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time. Each of the following persons is taken for this section to be a licence holder under a relevant law— a person who is required under the Drugs Misuse Act 1986 , section 43D to keep a register; a person who is required under the Road Use Management Act , section 133 to record information; a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item. Also, each of the following places is taken for this section to be a place used under a licence under a relevant law— a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4) (a) ; a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4) (b) ; a place used by a person to carry out activities for which records must be made as mentioned in subsection (4) (c) . In this section— inspect includes examine and test. prescribed item means— a document or thing that is required or permitted to be kept under a relevant law; or a thing declared under a regulation to be a prescribed item for this section. s 22 amd 2006 No. 26 s 4 ; 2014 No. 43 s 15 ; 2019 No. 26 s 290 sch 2 (sec.22-ssec.1) For ensuring compliance with a relevant law, a police officer may do any of the following— at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law; inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item; seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act; require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection; inspect security measures a person must maintain under the relevant law; require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e) . (sec.22-ssec.2) A police officer may enter a part of a place not used for the purpose for which entry is made, but only to get to the place used for the purpose. (sec.22-ssec.3) If a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must— give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and return the item to the place from which it was taken— as soon as practicable, but no later than the end of the next day the place is open for business; or if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time. (sec.22-ssec.4) Each of the following persons is taken for this section to be a licence holder under a relevant law— a person who is required under the Drugs Misuse Act 1986 , section 43D to keep a register; a person who is required under the Road Use Management Act , section 133 to record information; a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item. (sec.22-ssec.5) Also, each of the following places is taken for this section to be a place used under a licence under a relevant law— a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4) (a) ; a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4) (b) ; a place used by a person to carry out activities for which records must be made as mentioned in subsection (4) (c) . (sec.22-ssec.6) In this section— inspect includes examine and test. prescribed item means— a document or thing that is required or permitted to be kept under a relevant law; or a thing declared under a regulation to be a prescribed item for this section.

• (a) at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law;
• (b) inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item;
• (c) seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act;
• (d) require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection;
• (e) inspect security measures a person must maintain under the relevant law;
• (f) require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e) .
• (a) give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and
• (b) return the item to the place from which it was taken— (i) as soon as practicable, but no later than the end of the next day the place is open for business; or (ii) if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.
• (i) as soon as practicable, but no later than the end of the next day the place is open for business; or
• (ii) if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.
• (i) as soon as practicable, but no later than the end of the next day the place is open for business; or
• (ii) if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.
• (a) a person who is required under the Drugs Misuse Act 1986 , section 43D to keep a register;
• (b) a person who is required under the Road Use Management Act , section 133 to record information;
• (c) a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item.
• (a) a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4) (a) ;
• (aa) a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4) (b) ;
• (b) a place used by a person to carry out activities for which records must be made as mentioned in subsection (4) (c) .
• (a) a document or thing that is required or permitted to be kept under a relevant law; or
• (b) a thing declared under a regulation to be a prescribed item for this section.

sec.23 What is a reasonable time for entry etc. for a relevant law

A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes— when the place is open to or used by the public; and when the police officer may reasonably expect that someone will be present at the place; and when someone is present at the place. However, if no-one is at a building on a place a police officer enters under subsection (1) (b) , the time stops being a reasonable time for the entry. s 23 amd 2006 No. 26 s 3 sch 1 (sec.23-ssec.1) A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes— when the place is open to or used by the public; and when the police officer may reasonably expect that someone will be present at the place; and when someone is present at the place. (sec.23-ssec.2) However, if no-one is at a building on a place a police officer enters under subsection (1) (b) , the time stops being a reasonable time for the entry.

• (a) when the place is open to or used by the public; and
• (b) when the police officer may reasonably expect that someone will be present at the place; and
• (c) when someone is present at the place.

sec.24 Requirement by a police officer for a relevant law

This section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help. What is reasonable help must be decided according to the particular circumstances. It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected. It may be reasonable for a person to open a safe or strong room where prescribed items are kept. (sec.24-ssec.1) This section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help. (sec.24-ssec.2) What is reasonable help must be decided according to the particular circumstances. It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected. It may be reasonable for a person to open a safe or strong room where prescribed items are kept.

• 1 It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected.
• 2 It may be reasonable for a person to open a safe or strong room where prescribed items are kept.

sec.25 Power to demand production of licence etc. for weapons

This section applies if a person is required under the Weapons Act 1990 — to be the holder of a licence or permit to acquire under that Act; or to have the approval of any person; or to keep a register or record. A police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents— the photo licence or permit to acquire; a certificate or other evidence of approval; the register or record. A police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual’s possession and mentioned in any of the documents. However, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon. This section is in addition to, and does not limit, section 22 . (sec.25-ssec.1) This section applies if a person is required under the Weapons Act 1990 — to be the holder of a licence or permit to acquire under that Act; or to have the approval of any person; or to keep a register or record. (sec.25-ssec.2) A police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents— the photo licence or permit to acquire; a certificate or other evidence of approval; the register or record. (sec.25-ssec.3) A police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual’s possession and mentioned in any of the documents. (sec.25-ssec.4) However, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon. (sec.25-ssec.5) This section is in addition to, and does not limit, section 22 .

• (a) to be the holder of a licence or permit to acquire under that Act; or
• (b) to have the approval of any person; or
• (c) to keep a register or record.
• (a) the photo licence or permit to acquire;
• (b) a certificate or other evidence of approval;
• (c) the register or record.

Searching persons, vehicles and places without warrant

Roadblocks

sec.26 Roadblocks

A police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who— has committed a seven year imprisonment offence; or may be unlawfully depriving someone else of liberty; or For what is unlawful deprivation of liberty, see the Criminal Code , section 355 . is being unlawfully deprived of liberty; or has escaped from lawful custody; or may be endangering the life or safety of someone else. In deciding whether to establish a roadblock, the police officer must have regard to the following— when and where the relevant circumstances happened; information the police officer has about where the person sought may be travelling in a vehicle. A police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it. (sec.26-ssec.1) A police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who— has committed a seven year imprisonment offence; or may be unlawfully depriving someone else of liberty; or For what is unlawful deprivation of liberty, see the Criminal Code , section 355 . is being unlawfully deprived of liberty; or has escaped from lawful custody; or may be endangering the life or safety of someone else. (sec.26-ssec.2) In deciding whether to establish a roadblock, the police officer must have regard to the following— when and where the relevant circumstances happened; information the police officer has about where the person sought may be travelling in a vehicle. (sec.26-ssec.3) A police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it.

• (a) has committed a seven year imprisonment offence; or
• (b) may be unlawfully depriving someone else of liberty; or Note— For what is unlawful deprivation of liberty, see the Criminal Code , section 355 .
• (c) is being unlawfully deprived of liberty; or
• (d) has escaped from lawful custody; or
• (e) may be endangering the life or safety of someone else.
• (a) when and where the relevant circumstances happened;
• (b) information the police officer has about where the person sought may be travelling in a vehicle.

sec.27 Procedure for establishing roadblocks

Before a police officer decides where to establish a roadblock, the senior police officer present must consider— the effect the roadblock may have on road safety and public safety; and the likelihood of a dangerous situation happening if a person sought is located at the roadblock; and any other relevant safety considerations. If the person sought is believed to be armed and dangerous, the police officer establishing the roadblock may decide not to establish it in a populated location.

• (a) the effect the roadblock may have on road safety and public safety; and
• (b) the likelihood of a dangerous situation happening if a person sought is located at the roadblock; and
• (c) any other relevant safety considerations.

sec.28 Record of roadblock to be made

The senior police officer present at a roadblock must ensure— a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and a copy of the record is given to a person nominated by the commissioner for the purpose.

• (a) a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and
• (b) a copy of the record is given to a person nominated by the commissioner for the purpose.

Searching persons without warrant

sec.29 Searching persons without warrant

A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following— stop and detain a person; search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained. The police officer may seize all or part of a thing— that may provide evidence of the commission of an offence; or that the person intends to use to cause self harm or harm to someone else; or if section 30 (1) (b) applies, that is an antique firearm. s 29 amd 2013 No. 45 s 54 ; 2016 No. 62 s 309 ; 2023 No. 26 s 24 ; 2024 No. 24 s 57 sch 1 pt 2 (sec.29-ssec.1) A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following— stop and detain a person; search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained. (sec.29-ssec.2) The police officer may seize all or part of a thing— that may provide evidence of the commission of an offence; or that the person intends to use to cause self harm or harm to someone else; or if section 30 (1) (b) applies, that is an antique firearm.

• (a) stop and detain a person;
• (b) search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained.
• (a) that may provide evidence of the commission of an offence; or
• (b) that the person intends to use to cause self harm or harm to someone else; or
• (c) if section 30 (1) (b) applies, that is an antique firearm.

sec.30 Prescribed circumstances for searching persons without warrant

The prescribed circumstances for searching a person without a warrant are as follows— the person has something that may be— a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or an unlawful dangerous drug; or stolen property; or unlawfully obtained property; or tainted property; or evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; the person has something the person intends to use to cause self harm or harm to someone else; the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ; the person has committed, is committing, or is about to commit— an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or an offence that may threaten the security or management of a prison or the security of a prisoner; the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ; the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ; the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ; the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity; the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer. For subsection (1) (k) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. s 30 amd 2000 No. 63 s 276 sch 2 ; 2002 No. 6 s 38 ; 2002 No. 58 s 398 sch 2 ; 2006 No. 26 s 5 ; 2006 No. 29 s 507 ; 2007 No. 1 s 12 ; 2008 No. 30 s 45 ; 2016 No. 12 s 389 s ch 2 pt 2 ; 2016 No. 62 ss 288 , 310 ; 2018 No. 23 s 36 ; 2019 No. 35 s 3 ; 2021 No. 9 s 5 ; 2023 No. 4 s 3 ; 2023 No. 26 s 25 ; 2024 No. 24 s 57 sch 1 pt 2; 2024 No. 45 s 27 ; 2025 No. 11 s 6; 2026 No. 4 s 19 (sec.30-ssec.1) The prescribed circumstances for searching a person without a warrant are as follows— the person has something that may be— a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or an unlawful dangerous drug; or stolen property; or unlawfully obtained property; or tainted property; or evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ; the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; the person has something the person intends to use to cause self harm or harm to someone else; the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ; the person has committed, is committing, or is about to commit— an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or an offence that may threaten the security or management of a prison or the security of a prisoner; the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ; the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ; the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ; the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity; the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer. (sec.30-ssec.2) For subsection (1) (k) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

• (a) the person has something that may be— (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or (ii) an unlawful dangerous drug; or (iii) stolen property; or (iv) unlawfully obtained property; or (v) tainted property; or (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ;
• (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
• (ii) an unlawful dangerous drug; or
• (iii) stolen property; or
• (iv) unlawfully obtained property; or
• (v) tainted property; or
• (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or
• (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or
• (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or
• (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ;
• (b) the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— (i) because of the person’s mental and physical fitness; or (ii) because a domestic violence order has been made against the person; or (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;
• (i) because of the person’s mental and physical fitness; or
• (ii) because a domestic violence order has been made against the person; or
• (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;
• (c) the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug;
• (d) the person has something the person intends to use to cause self harm or harm to someone else;
• (e) the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982 , section 103 or 104 ;
• (f) the person has committed, is committing, or is about to commit— (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or (iii) an offence that may threaten the security or management of a prison or the security of a prisoner;
• (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or
• (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or
• (iii) an offence that may threaten the security or management of a prison or the security of a prisoner;
• (g) the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992 , section 161ZI ;
• (h) the person has committed, or is committing, an offence against the Summary Offences Act 2005 , section 10C ;
• (ha) the person has committed, or is committing, an offence against the Criminal Code , section 52D or 52DA ;
• (i) the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders;
• (j) the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ;
• (k) the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity;
• (l) the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer.
• (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
• (ii) an unlawful dangerous drug; or
• (iii) stolen property; or
• (iv) unlawfully obtained property; or
• (v) tainted property; or
• (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or
• (vii) evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or
• (viii) evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or
• (ix) evidence of the commission of an offence against the Liquor Act 1992 , section 168B or 168C ;
• (i) because of the person’s mental and physical fitness; or
• (ii) because a domestic violence order has been made against the person; or
• (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;
• (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016 ; or
• (ii) an offence against the Corrective Services Act 2006 , section 128 , 129 or 132 , or the repealed Corrective Services Act 2000 , section 96 , 97 or 100 ; or
• (iii) an offence that may threaten the security or management of a prison or the security of a prisoner;
• (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock
• (b) stops a person from entering or leaving a place of business; or
• (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

Searching vehicles without warrant

sec.31 Searching vehicles without warrant

A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following— stop a vehicle; detain a vehicle and the occupants of the vehicle; search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained. Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects— the vehicle is being used unlawfully; or a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006 . If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it. If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place. The police officer may seize all or part of a thing— that may provide evidence of the commission of an offence; or that the person intends to use to cause self harm or harm to someone else; or if section 32 (1) (b) applies, that is an antique firearm. Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5) . s 31 amd 2000 No. 22 s 3 sch ; 2000 No. 63 s 276 sch 2 ; 2006 No. 29 s 508 ; 2016 No. 62 s 289 ; 2024 No. 24 s 57 sch 1 pt 2 (sec.31-ssec.1) A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following— stop a vehicle; detain a vehicle and the occupants of the vehicle; search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained. (sec.31-ssec.2) Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects— the vehicle is being used unlawfully; or a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006 . (sec.31-ssec.3) If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it. (sec.31-ssec.4) If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place. (sec.31-ssec.5) The police officer may seize all or part of a thing— that may provide evidence of the commission of an offence; or that the person intends to use to cause self harm or harm to someone else; or if section 32 (1) (b) applies, that is an antique firearm. (sec.31-ssec.6) Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5) .

• (a) stop a vehicle;
• (b) detain a vehicle and the occupants of the vehicle;
• (c) search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.
• (a) the vehicle is being used unlawfully; or
• (b) a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006 .
• (a) that may provide evidence of the commission of an offence; or
• (b) that the person intends to use to cause self harm or harm to someone else; or
• (c) if section 32 (1) (b) applies, that is an antique firearm.

sec.32 Prescribed circumstances for searching vehicle without warrant

It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that— may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or may be an unlawful dangerous drug; or may be stolen property; or may be unlawfully obtained property; or may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or may be evidence of the commission of an offence against any of the following— the Racing Act 2002 the Racing Integrity Act 2016 the Corrective Services Act 2006 , section 128 , 129 or 132 the Nature Conservation Act 1992 ; or may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or may be tainted property; or may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or may be evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or may be something the person intends to use to cause self harm or harm to someone else; or may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. Also, the following are prescribed circumstances for searching a vehicle without a warrant— the driver or a passenger in the vehicle has committed, or is committing, an offence against— the Summary Offences Act 2005 , section 10C ; or the Criminal Code , section 52D or 52DA ; the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. For subsection (1) (p) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. s 32 amd 2000 No. 63 s 276 sch 2; 2002 No. 6 s 39; 2006 No. 26 s 6; 2006 No. 29 s 509; 2007 No. 1 s 13; 2013 No. 45 s 55; 2016 No. 12 s 389 s ch 2 pt 2 ; 2016 No. 48 s 8 ; 2016 No. 62 ss 290 , 311 ; 2018 No. 23 s 37 ; 2019 No. 35 s 4 ; 2023 No. 26 s 26 ; 2024 No. 24 s 57 sch 1 pt 2; 2026 No. 4 s 20 (sec.32-ssec.1) It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that— may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm— because of the person’s mental and physical fitness; or because a domestic violence order has been made against the person; or because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or may be an unlawful dangerous drug; or may be stolen property; or may be unlawfully obtained property; or may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or may be evidence of the commission of an offence against any of the following— the Racing Act 2002 the Racing Integrity Act 2016 the Corrective Services Act 2006 , section 128 , 129 or 132 the Nature Conservation Act 1992 ; or may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or may be tainted property; or may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or may be evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or may be something the person intends to use to cause self harm or harm to someone else; or may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. (sec.32-ssec.2) Also, the following are prescribed circumstances for searching a vehicle without a warrant— the driver or a passenger in the vehicle has committed, or is committing, an offence against— the Summary Offences Act 2005 , section 10C ; or the Criminal Code , section 52D or 52DA ; the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. (sec.32-ssec.3) For subsection (1) (p) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

• (a) may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
• (b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm— (i) because of the person’s mental and physical fitness; or (ii) because a domestic violence order has been made against the person; or (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or
• (i) because of the person’s mental and physical fitness; or
• (ii) because a domestic violence order has been made against the person; or
• (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or
• (c) may be an unlawful dangerous drug; or
• (d) may be stolen property; or
• (e) may be unlawfully obtained property; or
• (f) may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or
• (g) may be evidence of the commission of an offence against any of the following— • the Racing Act 2002 • the Racing Integrity Act 2016 • the Corrective Services Act 2006 , section 128 , 129 or 132 • the Nature Conservation Act 1992 ; or
• • the Racing Act 2002
• • the Racing Integrity Act 2016
• • the Corrective Services Act 2006 , section 128 , 129 or 132
• • the Nature Conservation Act 1992 ; or
• (h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or
• (i) may be tainted property; or
• (j) may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or
• (k) may be evidence of the commission of an offence against the Criminal Code , section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or
• (l) may be evidence of the commission of an offence against the Summary Offences Act 2005 , section 17 , 23B or 23C ; or
• (m) may be something the person intends to use to cause self harm or harm to someone else; or
• (n) may be evidence of the commission of an offence against the Penalties and Sentences Act 1992 , section 161ZI ; or
• (o) may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018 , section 15 or 16 ; or
• (p) may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.
• (i) because of the person’s mental and physical fitness; or
• (ii) because a domestic violence order has been made against the person; or
• (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or
• • the Racing Act 2002
• • the Racing Integrity Act 2016
• • the Corrective Services Act 2006 , section 128 , 129 or 132
• • the Nature Conservation Act 1992 ; or
• (a) the driver or a passenger in the vehicle has committed, or is committing, an offence against— (i) the Summary Offences Act 2005 , section 10C ; or (ii) the Criminal Code , section 52D or 52DA ;
• (i) the Summary Offences Act 2005 , section 10C ; or
• (ii) the Criminal Code , section 52D or 52DA ;
• (b) the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.
• (i) the Summary Offences Act 2005 , section 10C ; or
• (ii) the Criminal Code , section 52D or 52DA ;
• (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock
• (b) stops a person from entering or leaving a place of business; or
• (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

Searching public places without warrant

sec.33 Searching public places without warrant

It is lawful for a police officer to exercise the following powers in a public place without a search warrant— power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ; power to search the public place for anything that may be evidence of the commission of an offence; power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence; power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence; power to dig up land; power to open anything that is locked. However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only— with the consent of the occupier of the place; or under a search warrant; or under chapter 7 , part 2 . If the occupier consents, the police officer may exercise search warrant powers at the place. (sec.33-ssec.1) It is lawful for a police officer to exercise the following powers in a public place without a search warrant— power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ; power to search the public place for anything that may be evidence of the commission of an offence; power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence; power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence; power to dig up land; power to open anything that is locked. (sec.33-ssec.2) However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only— with the consent of the occupier of the place; or under a search warrant; or under chapter 7 , part 2 . (sec.33-ssec.3) If the occupier consents, the police officer may exercise search warrant powers at the place.

• (a) power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f) ;
• (b) power to search the public place for anything that may be evidence of the commission of an offence;
• (c) power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;
• (d) power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;
• (e) power to dig up land;
• (f) power to open anything that is locked.
• (a) with the consent of the occupier of the place; or
• (b) under a search warrant; or
• (c) under chapter 7 , part 2 .

Use of detection dogs without warrant

sec.34 Definitions for pt 3

In this part— body art tattooing business see the Tattoo Industry Act 2013 , schedule 1 . s 34 def body art tattooing business ins 2013 No. 46 s 78 (1) amd 2016 No. 62 s 493 s ch 1 pt 2 detection dog means— a drug detection dog; or a firearms and explosives detection dog. s 34 def detection dog ins 2013 No. 46 s 78 (1) amd 2016 No. 48 s 18 sch 1 drug detection includes— walking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and walking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing. drug detection dog means a dog trained to detect unlawful dangerous drugs. event means— a major event; or a sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001 ; or a sports, recreational or entertainment event, not mentioned in paragraph (b) , that is open to the public, whether on payment of a fee or not. a musical concert held at the Mt Gravatt showgrounds s 34 def event amd 2014 No. 60 s 96 explosives detection includes— walking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and walking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing. s 34 def explosives detection ins 2013 No. 46 s 78 (1) amd 2016 No. 48 s 18 sch 1 handler , of a detection dog, means a handler within the meaning of the Police Service Administration Act 1990 . s 34 def handler amd 2013 No. 46 s 78 (2) licensed premises ... s 34 def licensed premises om 2014 No. 42 s 103 tattoo parlour means a place at which a body art tattooing business is being conducted. s 34 def tattoo parlour ins 2013 No. 46 s 78 (1) unlawful dangerous drug — means a dangerous drug mentioned in the Drugs Misuse Regulation 1987 , schedule 1 ; and includes— Gamma hydroxybutyric acid, commonly known as GBH; and 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy. s 34 ins 2005 No. 63 s 4

• (a) a drug detection dog; or
• (b) a firearms and explosives detection dog.
• (a) walking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and
• (b) walking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing.
• (a) a major event; or
• (b) a sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001 ; or
• (c) a sports, recreational or entertainment event, not mentioned in paragraph (b) , that is open to the public, whether on payment of a fee or not. Example of an entertainment event for paragraph (c) — a musical concert held at the Mt Gravatt showgrounds
• (a) walking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and
• (b) walking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing.
• (a) means a dangerous drug mentioned in the Drugs Misuse Regulation 1987 , schedule 1 ; and
• (b) includes— (i) Gamma hydroxybutyric acid, commonly known as GBH; and (ii) 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.
• (i) Gamma hydroxybutyric acid, commonly known as GBH; and
• (ii) 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.
• (i) Gamma hydroxybutyric acid, commonly known as GBH; and
• (ii) 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.

sec.35 Use of detection dogs in particular places

A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing. A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing. This section applies despite any other law. In this section— relevant person or thing means— a person who is in a public place; or a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or a person who is about to enter, is in, or is leaving, licensed premises; or a person who is about to enter, is in, or is leaving, a tattoo parlour; or a thing in a place mentioned in paragraph (a) , (b) , (c) or (d) , or on land associated with the place, whether or not the thing is in the physical possession of a person. s 35 ins 2005 No. 63 s 4 amd 2013 No. 46 s 79 sub 2016 No. 48 s 9 amd 2016 No. 48 s 18 sch 1 (amdt could not be given effect) (sec.35-ssec.1) A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing. (sec.35-ssec.2) A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing. (sec.35-ssec.3) This section applies despite any other law. (sec.35-ssec.4) In this section— relevant person or thing means— a person who is in a public place; or a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or a person who is about to enter, is in, or is leaving, licensed premises; or a person who is about to enter, is in, or is leaving, a tattoo parlour; or a thing in a place mentioned in paragraph (a) , (b) , (c) or (d) , or on land associated with the place, whether or not the thing is in the physical possession of a person.

• (a) a person who is in a public place; or
• (b) a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or
• (c) a person who is about to enter, is in, or is leaving, licensed premises; or
• (d) a person who is about to enter, is in, or is leaving, a tattoo parlour; or
• (e) a thing in a place mentioned in paragraph (a) , (b) , (c) or (d) , or on land associated with the place, whether or not the thing is in the physical possession of a person.

sec.36 Police officers and detection dogs may enter and remain on particular places

For carrying out drug detection under section 35 (1) , a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place. For carrying out explosives detection under section 35 (2) , a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place. For subsections (1) and (2) , the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place. land on which car parking is provided for patrons of the relevant place This section applies despite any other law. In this section— relevant place means— a public place; or a place at which an event is being held; or licensed premises; or a tattoo parlour. s 36 ins 2005 No. 63 s 4 amd 2013 No. 46 s 80 sub 2016 No. 48 s 9 amd 2016 No. 48 s 18 sch 1 (amdts could not be given effect) (sec.36-ssec.1) For carrying out drug detection under section 35 (1) , a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place. (sec.36-ssec.2) For carrying out explosives detection under section 35 (2) , a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place. (sec.36-ssec.3) For subsections (1) and (2) , the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place. land on which car parking is provided for patrons of the relevant place (sec.36-ssec.4) This section applies despite any other law. (sec.36-ssec.5) In this section— relevant place means— a public place; or a place at which an event is being held; or licensed premises; or a tattoo parlour.

• (a) a public place; or
• (b) a place at which an event is being held; or
• (c) licensed premises; or
• (d) a tattoo parlour.

sec.37 Reasonable suspicion may be based on indication of detection dog

This section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle. It is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms— on the person or on, or in, a thing in the person’s physical possession; or on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or in the vehicle. s 37 ins 2005 No. 63 s 4 sub 2013 No. 46 s 81 (sec.37-ssec.1) This section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle. (sec.37-ssec.2) It is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms— on the person or on, or in, a thing in the person’s physical possession; or on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or in the vehicle.

• (a) on the person or on, or in, a thing in the person’s physical possession; or
• (b) on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or
• (c) in the vehicle.

sec.38 Protection from liability for acts done by detection dogs

This section applies if— the handler of a detection dog is using the detection dog to carry out detection; and the detection dog— physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms. The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies. The State does not incur civil liability in the circumstances to which this section applies— for an act done by the detection dog; or for an act or omission of the handler. However, if— the act of the detection dog; or the act or omission of the handler; causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State. The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code , section 289 . This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility. Civil Liability Act 2003 Criminal Code , sections 25 , 271 , 272 and 273 Police Service Administration Act 1990 , section 10 0.5 In this section— bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm. detection means drug detection under section 35 (1) or explosives detection under section 35 (2) . handler , of a detection dog, includes a police officer helping the handler of the detection dog. s 38 ins 2005 No. 63 s 4 amd 2013 No. 46 s 82 (sec.38-ssec.1) This section applies if— the handler of a detection dog is using the detection dog to carry out detection; and the detection dog— physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms. (sec.38-ssec.2) The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies. (sec.38-ssec.3) The State does not incur civil liability in the circumstances to which this section applies— for an act done by the detection dog; or for an act or omission of the handler. (sec.38-ssec.4) However, if— the act of the detection dog; or the act or omission of the handler; causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State. (sec.38-ssec.5) The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code , section 289 . (sec.38-ssec.6) This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility. Civil Liability Act 2003 Criminal Code , sections 25 , 271 , 272 and 273 Police Service Administration Act 1990 , section 10 0.5 (sec.38-ssec.7) In this section— bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm. detection means drug detection under section 35 (1) or explosives detection under section 35 (2) . handler , of a detection dog, includes a police officer helping the handler of the detection dog.

• (a) the handler of a detection dog is using the detection dog to carry out detection; and
• (b) the detection dog— (i) physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.
• (i) physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or
• (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.
• (i) physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or
• (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.
• (a) for an act done by the detection dog; or
• (b) for an act or omission of the handler.
• (a) the act of the detection dog; or
• (b) the act or omission of the handler;
• • Civil Liability Act 2003
• • Criminal Code , sections 25 , 271 , 272 and 273
• • Police Service Administration Act 1990 , section 10 0.5

sec.39 Effect of part on use of detection dogs under search warrants

To remove any doubt, it is declared that this part does not restrict the powers of a police officer to use a drug detection dog to carry out drug detection, or a firearms and explosives detection dog to carry out explosives detection, in conducting a search of a place under a search warrant or without a warrant. s 39 ins 2005 No. 63 s 4 amd 2013 No. 46 s 83 ; 2016 No. 48 s 18 sch 1

Jack’s Law—Use of hand held scanners without warrant

sec.39AA Purpose of part

The purpose of this part is to detect or deter the commission of an offence involving the possession or use of a knife or other weapon. s 39AA ins 2025 No. 11 s 8

sec.39A Definitions for part

In this part— adjacent public area , to premises, a facility or another place, means— a public carpark adjacent to the premises, facility or other place; or a public place adjacent to an entry or exit to the premises, facility or other place. a public footpath on which persons are queuing to enter the premises s 39A def adjacent public area ins 2024 No. 45 s 29 (1) hand held scanner authority see section 39C(3). s 39A def hand held scanner authority amd 2024 No. 45 s 29 (2) ; 2025 No. 11 s 9 licensed premises includes an adjacent public area to the premises. s 39A def licensed premises ins 2024 No. 45 s 29 (1) public carpark means a carpark that is a public place. s 39A def public carpark ins 2024 No. 45 s 29 (1) public transport station see section 39B . public transport vehicle means the following vehicles, within the meaning of the Transport Operations (Passenger Transport) Act 1994 — a train or other public passenger vehicle being operated by a railway manager or railway operator; a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail; a bus or other motor vehicle being used for a general route service; a ferry being used for a general route service. retail premises — means premises used wholly or predominantly for carrying on a business selling goods, or providing services, in person to the public; and includes an adjacent public area to premises mentioned in paragraph (a) . s 39A def retail premises ins 2024 No. 45 s 29 (1) senior police officer means— a police officer of at least the rank of inspector; or a police officer of at least the rank of senior sergeant authorised by the commissioner to issue an authority under this part. shopping centre — means a cluster of at least 5 premises to which the following apply— at least 5 of the premises are retail premises; the retail premises are located in— 1 building; or 2 or more buildings that are adjoining or are separated only by a public place; the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and includes an adjacent public area to premises mentioned in paragraph (a) . s 39A def shopping centre ins 2024 No. 45 s 29 (1) sporting or entertainment venue — means— a major sports facility under the Major Sports Facilities Act 2001 ; or another place while it is being used for a sporting, recreation, conference or entertainment event; and a community sporting facility being used for a football match a building being used for a conference event a park being used for a concert a road being used for a running or motor racing event includes an adjacent public area to a facility or place mentioned in paragraph (a) . s 39A def sporting or entertainment venue ins 2024 No. 45 s 29 (1) use , a hand held scanner in relation to a person, means to pass the hand held scanner in close proximity to the person or the person’s belongings. s 39A ins 2021 No. 9 s 6 sub 2023 No. 4 s 4

• (a) a public carpark adjacent to the premises, facility or other place; or
• (b) a public place adjacent to an entry or exit to the premises, facility or other place. Example— a public footpath on which persons are queuing to enter the premises
• (a) a train or other public passenger vehicle being operated by a railway manager or railway operator;
• (b) a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail;
• (c) a bus or other motor vehicle being used for a general route service;
• (d) a ferry being used for a general route service.
• (a) means premises used wholly or predominantly for carrying on a business selling goods, or providing services, in person to the public; and
• (b) includes an adjacent public area to premises mentioned in paragraph (a) .
• (a) a police officer of at least the rank of inspector; or
• (b) a police officer of at least the rank of senior sergeant authorised by the commissioner to issue an authority under this part.
• (a) means a cluster of at least 5 premises to which the following apply— (i) at least 5 of the premises are retail premises; (ii) the retail premises are located in— (A) 1 building; or (B) 2 or more buildings that are adjoining or are separated only by a public place; (iii) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and
• (i) at least 5 of the premises are retail premises;
• (ii) the retail premises are located in— (A) 1 building; or (B) 2 or more buildings that are adjoining or are separated only by a public place;
• (A) 1 building; or
• (B) 2 or more buildings that are adjoining or are separated only by a public place;
• (iii) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and
• (b) includes an adjacent public area to premises mentioned in paragraph (a) .
• (i) at least 5 of the premises are retail premises;
• (ii) the retail premises are located in— (A) 1 building; or (B) 2 or more buildings that are adjoining or are separated only by a public place;
• (A) 1 building; or
• (B) 2 or more buildings that are adjoining or are separated only by a public place;
• (iii) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and
• (A) 1 building; or
• (B) 2 or more buildings that are adjoining or are separated only by a public place;
• (a) means— (i) a major sports facility under the Major Sports Facilities Act 2001 ; or (ii) another place while it is being used for a sporting, recreation, conference or entertainment event; and Examples— • a community sporting facility being used for a football match • a building being used for a conference event • a park being used for a concert • a road being used for a running or motor racing event
• (i) a major sports facility under the Major Sports Facilities Act 2001 ; or
• (ii) another place while it is being used for a sporting, recreation, conference or entertainment event; and Examples— • a community sporting facility being used for a football match • a building being used for a conference event • a park being used for a concert • a road being used for a running or motor racing event
• • a community sporting facility being used for a football match
• • a building being used for a conference event
• • a park being used for a concert
• • a road being used for a running or motor racing event
• (b) includes an adjacent public area to a facility or place mentioned in paragraph (a) .
• (i) a major sports facility under the Major Sports Facilities Act 2001 ; or
• (ii) another place while it is being used for a sporting, recreation, conference or entertainment event; and Examples— • a community sporting facility being used for a football match • a building being used for a conference event • a park being used for a concert • a road being used for a running or motor racing event
• • a community sporting facility being used for a football match
• • a building being used for a conference event
• • a park being used for a concert
• • a road being used for a running or motor racing event
• • a community sporting facility being used for a football match
• • a building being used for a conference event
• • a park being used for a concert
• • a road being used for a running or motor racing event

sec.39B Meaning of public transport station

A public transport station — is a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle; and The following stations, platforms or other structures within the meaning of the Transport Operations (Passenger Transport) Act 1994 — a railway station or platform a light rail station or platform facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange a bus station a bus stop, including the area in the immediate vicinity of the bus stop a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure. includes— car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and overhead or underground walkways between platforms, footpaths, seating landscaping associated with the station, platform or structure. s 39B ins 2021 No. 9 s 6 sub 2023 No. 4 s 4

• (a) is a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle; and Examples— The following stations, platforms or other structures within the meaning of the Transport Operations (Passenger Transport) Act 1994 — • a railway station or platform • a light rail station or platform • facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange • a bus station • a bus stop, including the area in the immediate vicinity of the bus stop • a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.
• • a railway station or platform
• • a light rail station or platform
• • facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange
• • a bus station
• • a bus stop, including the area in the immediate vicinity of the bus stop
• • a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.
• (b) includes— (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and (ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths, seating (iii) landscaping associated with the station, platform or structure.
• (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and
• (ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths, seating
• (iii) landscaping associated with the station, platform or structure.
• • a railway station or platform
• • a light rail station or platform
• • facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange
• • a bus station
• • a bus stop, including the area in the immediate vicinity of the bus stop
• • a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.
• (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and
• (ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths, seating
• (iii) landscaping associated with the station, platform or structure.

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

A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on any of the following places (each a relevant place )— licensed premises; a public transport station; a public transport vehicle; retail premises; a safe night precinct; a shopping centre; a sporting or entertainment venue. If a police officer starts to exercise a power in relation to a person under subsection (1) while at, in or on a relevant place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the relevant place. s 39BA ins 2025 No. 11 s 10 (sec.39BA-ssec.1) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on any of the following places (each a relevant place )— licensed premises; a public transport station; a public transport vehicle; retail premises; a safe night precinct; a shopping centre; a sporting or entertainment venue. (sec.39BA-ssec.2) If a police officer starts to exercise a power in relation to a person under subsection (1) while at, in or on a relevant place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the relevant place.

• (a) licensed premises;
• (b) a public transport station;
• (c) a public transport vehicle;
• (d) retail premises;
• (e) a safe night precinct;
• (f) a shopping centre;
• (g) a sporting or entertainment venue.

sec.39C Authorisation by senior police officer

A senior police officer may authorise the use of a hand held scanner at, in or on a public place, other than a relevant place under section 39BA(1). However, the senior police officer may issue an authority only if the senior police officer considers the use of a hand held scanner at, in or on the public place is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon. An authority issued under this section is a hand held scanner authority . s 39C ins 2021 No. 9 s 6 sub 2023 No. 4 s 4 amd 2024 No. 45 s 30 ; 2025 No. 11 s 11 (sec.39C-ssec.1) A senior police officer may authorise the use of a hand held scanner at, in or on a public place, other than a relevant place under section 39BA(1). (sec.39C-ssec.2) However, the senior police officer may issue an authority only if the senior police officer considers the use of a hand held scanner at, in or on the public place is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon. (sec.39C-ssec.3) An authority issued under this section is a hand held scanner authority .

sec.39D Form and effect of hand held scanner authority

A hand held scanner authority must state— the day and time the authority starts and ends; and the address, place name or description of the public place for which the authority is issued; and the reasons for which the authority is issued for the public place. The hand held scanner authority has effect for 12 hours after the authority starts. s 39D ins 2021 No. 9 s 6 sub 2023 No. 4 s 4 amd 2024 No. 45 s 31 ; 2025 No. 11 s 12 (sec.39D-ssec.1) A hand held scanner authority must state— the day and time the authority starts and ends; and the address, place name or description of the public place for which the authority is issued; and the reasons for which the authority is issued for the public place. (sec.39D-ssec.2) The hand held scanner authority has effect for 12 hours after the authority starts.

• (a) the day and time the authority starts and ends; and
• (b) the address, place name or description of the public place for which the authority is issued; and
• (c) the reasons for which the authority is issued for the public place.

sec.39E Authorised use of hand held scanner without warrant in stated public places

This section applies if a hand held scanner authority is in effect for a stated public place under section 39C. A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on the stated public place. If a police officer starts to exercise a power in relation to a person under subsection (2) while at, in or on the stated public place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the stated place. s 39E ins 2021 No. 9 s 6 sub 2023 No. 4 s 4 ; 2025 No. 11 s 13 (sec.39E-ssec.1) This section applies if a hand held scanner authority is in effect for a stated public place under section 39C. (sec.39E-ssec.2) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on the stated public place. (sec.39E-ssec.3) If a police officer starts to exercise a power in relation to a person under subsection (2) while at, in or on the stated public place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the stated place.

Section sec.39F

s 39F ins 2021 No. 9 s 6 sub 2023 No. 4 s 4 om 2025 No. 11 s 13

Section sec.39FA

s 39FA ins 2024 No. 45 s 32 om 2025 No. 11 s 13

Section sec.39FB

s 39FB ins 2024 No. 45 s 32 om 2025 No. 11 s 13

Section sec.39FC

s 39FC ins 2024 No. 45 s 32 om 2025 No. 11 s 13

sec.39G Requirements if hand held scanner indicates metal

This section applies if— a police officer uses a hand held scanner in relation to a person under section 39BA or 39E; and the hand held scanner indicates that metal is, or is likely to be, present. The police officer may require the person— to produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and to resubmit to the use of a hand held scanner. See sections 29 and 30(1)(l) for the power to search a person without a warrant. s 39G ins 2021 No. 9 s 6 sub 2023 No. 4 s 4 amd 2024 No. 45 s 33 ; 2025 No. 11 s 14 (sec.39G-ssec.1) This section applies if— a police officer uses a hand held scanner in relation to a person under section 39BA or 39E; and the hand held scanner indicates that metal is, or is likely to be, present. (sec.39G-ssec.2) The police officer may require the person— to produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and to resubmit to the use of a hand held scanner. See sections 29 and 30(1)(l) for the power to search a person without a warrant.

• (a) a police officer uses a hand held scanner in relation to a person under section 39BA or 39E; and
• (b) the hand held scanner indicates that metal is, or is likely to be, present.
• (a) to produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and
• (b) to resubmit to the use of a hand held scanner.

sec.39H Safeguards for exercise of powers

This section applies if a police officer exercises a power under section 39BA or 39E to require a person to stop and submit, or resubmit, to the use of a hand held scanner. The police officer must exercise the power in the least invasive way that is practicable in the circumstances. The police officer may detain the person for so long as is reasonably necessary to exercise the power. The police officer must— if requested by the person, inform the person of the police officer’s name, rank and station; and if requested by the person, provide the information mentioned in paragraph (a) in writing; and produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). See sections 29 and 30(1)(l) for the power to search a person without a warrant. Section 637 does not apply if a police officer stops or detains a person under this part. s 39H ins 2021 No. 9 s 6 sub 2023 No. 4 s 4 amd 2024 No. 24 s 34 ; 2025 No. 11 s 15 (sec.39H-ssec.1) This section applies if a police officer exercises a power under section 39BA or 39E to require a person to stop and submit, or resubmit, to the use of a hand held scanner. (sec.39H-ssec.2) The police officer must exercise the power in the least invasive way that is practicable in the circumstances. (sec.39H-ssec.3) The police officer may detain the person for so long as is reasonably necessary to exercise the power. (sec.39H-ssec.4) The police officer must— if requested by the person, inform the person of the police officer’s name, rank and station; and if requested by the person, provide the information mentioned in paragraph (a) in writing; and produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). See sections 29 and 30(1)(l) for the power to search a person without a warrant. (sec.39H-ssec.5) Section 637 does not apply if a police officer stops or detains a person under this part.

• (a) if requested by the person, inform the person of the police officer’s name, rank and station; and
• (b) if requested by the person, provide the information mentioned in paragraph (a) in writing; and
• (c) produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and
• (d) inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and
• (e) inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l). Note— See sections 29 and 30(1)(l) for the power to search a person without a warrant.

Section sec.39I

s 39I ins 2023 No. 4 s 4 amd 2024 No. 45 s 34 om 2025 No. 11 s 16

Section sec.39J

s 39J ins 2023 No. 4 s 4 amd 2024 No. 45 s 35 om 2025 No. 11 s 16

sec.39K Effect of part on power to search person without warrant

To remove any doubt, it is declared that— the power conferred by this part for a police officer to use a hand held scanner in relation to a person without a warrant does not confer power on a police officer to search a person without a warrant; and this part does not affect the power of a police officer to search a person without a warrant under part 2 , division 2 . s 39K ins 2023 No. 4 s 4

• (a) the power conferred by this part for a police officer to use a hand held scanner in relation to a person without a warrant does not confer power on a police officer to search a person without a warrant; and
• (b) this part does not affect the power of a police officer to search a person without a warrant under part 2 , division 2 .

Section sec.39L

s 39L ins 2023 No. 4 s 4 amd 2024 No. 45 s 36 om 2025 No. 11 s 17

Power to require name, address or age

Powers relating to name and address

sec.40 Person may be required to state name and address

A police officer may require a person to state the person’s correct name and address in prescribed circumstances. Also, the police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence. A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved— for section 41 (a) or (b) —to have committed the offence; or for section 41 (f) —to be the person named in the warrant, summons, order or court document; or for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or for section 41 (i) or (j) —to have been able to help in the investigation. Also, a person does not commit an offence against section 791 if— the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and no-one is proved to have committed an offence against that Act. In this section— address means current place of residence. s 40 amd 2000 No. 22 s 3 sch ; 2001 No. 20 s 53 ; 2003 No. 49 s 6 ; 2012 No. 5 s 223 ; 2013 No. 45 s 56 ; 2016 No. 62 s 312 (sec.40-ssec.1) A police officer may require a person to state the person’s correct name and address in prescribed circumstances. (sec.40-ssec.2) Also, the police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence. (sec.40-ssec.3) A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved— for section 41 (a) or (b) —to have committed the offence; or for section 41 (f) —to be the person named in the warrant, summons, order or court document; or for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or for section 41 (i) or (j) —to have been able to help in the investigation. (sec.40-ssec.4) Also, a person does not commit an offence against section 791 if— the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and no-one is proved to have committed an offence against that Act. (sec.40-ssec.5) In this section— address means current place of residence.

• (a) for section 41 (a) or (b) —to have committed the offence; or
• (b) for section 41 (f) —to be the person named in the warrant, summons, order or court document; or
• (c) for section 41 (h) —to have been involved or to be about to be involved in domestic violence or associated domestic violence; or
• (d) for section 41 (i) or (j) —to have been able to help in the investigation.
• (a) the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and
• (b) no-one is proved to have committed an offence against that Act.