QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.802Presumption about exercise of powers under prescribed authority
Start here
Get a plain-English read of sec.802
Turn the raw legal text into a practical explanation grounded in Police Powers and Responsibilities Act 2000.
### sec.802 Presumption about exercise of powers under prescribed authority
A court must find the exercise of a power by a police officer or law enforcement officer was not authorised by a prescribed authority if—
an issue arises in a proceeding before the court whether the exercise of the power was authorised by a prescribed authority; and
the authority is not produced in evidence; and
it is not proved by the police officer or law enforcement officer relying on the lawfulness of the exercise of the power that a police officer or law enforcement officer obtained the prescribed authority.
s 802 (prev s 365) renum 2000 No. 22 s 26
amd 2003 No. 49 s 22 ; 2005 No. 45 s 26
- (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a prescribed authority; and
- (b) the authority is not produced in evidence; and
- (c) it is not proved by the police officer or law enforcement officer relying on the lawfulness of the exercise of the power that a police officer or law enforcement officer obtained the prescribed authority.