QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.53AASeizure and disposal of dangerous attachment devices
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### sec.53AA Seizure and disposal of dangerous attachment devices
This section applies if a police officer—
finds a dangerous attachment device; and
reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.
For subsection (1) (b) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use—
unreasonably interferes with the ordinary operation of transport infrastructure; or
placing an obstacle, on a railway, that stops the passage of rolling stock
stops a person from entering or leaving a place of business; or
causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.
The police officer may do 1 or both of the following—
deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary;
seize all or parts of the dangerous attachment device.
If the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it.
To remove any doubt, it is declared that a police officer may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts.
In this section—
deactivate , a dangerous attachment device, includes to make the device safe or unusable.
transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .
s 53AA ins 2019 No. 35 s 5
(sec.53AA-ssec.1) This section applies if a police officer— finds a dangerous attachment device; and reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.
(sec.53AA-ssec.2) For subsection (1) (b) , a relevant lawful activity is disrupted by using a dangerous attachment device if the use— unreasonably interferes with the ordinary operation of transport infrastructure; or placing an obstacle, on a railway, that stops the passage of rolling stock stops a person from entering or leaving a place of business; or causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.
(sec.53AA-ssec.3) The police officer may do 1 or both of the following— deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary; seize all or parts of the dangerous attachment device.
(sec.53AA-ssec.4) If the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it.
(sec.53AA-ssec.5) To remove any doubt, it is declared that a police officer may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts.
(sec.53AA-ssec.6) In this section— deactivate , a dangerous attachment device, includes to make the device safe or unusable. transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .
- (a) finds a dangerous attachment device; and
- (b) reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.
- (a) unreasonably interferes with the ordinary operation of transport infrastructure; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock
- (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.
- (a) deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary;
- (b) seize all or parts of the dangerous attachment device.