Section retrieval-0001 - Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Bill 2025 - Document excerpt 1 | Zoe
Contents
Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
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Authorised by the Parliamentary Counsel
14 Amendment of s 39G (Requirements if hand held scanner indicates
metal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15 Amendment of s 39H (Safeguards for exercise of powers) . . . . . 8
16 Omission of ss 39I and 39J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Omission of s 39L (Expiry of particular provisions) . . . . . . . . . . . 9
18 Amendment of s 808C (Annual report to include information about
authorisation of hand held scanners) . . . . . . . . . . . . . . . . . . . . . 9
19 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 4 Amendment of State Emergency Service Act 2024
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21 Replacement of pt 6, hdg (Transitional provisions for Emergency
Services Reform Amendment Act 2024) . . . . . . . . . . . . . . . . . . . 10
22 Amendment of s 50 (Definitions for part) . . . . . . . . . . . . . . . . . . . 10
23 Insertion of new pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2 Validation provisions for Police Powers and
Responsibilities (Making Jack’s Law Permanent) and
Other Legislation Amendment Act 2025
58 Validation provision for purported appointment of former SES
member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
59 Validation provision for purported appointment of particular
SES members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 5 Amendment of Terrorism (Preventative Detention) Act 2005
24 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
25 Amendment of s 83 (Sunset provision) . . . . . . . . . . . . . . . . . . . . 13
2025
A Bill
for
An Act to amend the Marine Rescue Queensland Act 2024, the
Police Powers and Responsibilities Act 2000, the State
Emergency Service Act 2024 and the Terrorism (Preventative
Detention) Act 2005 for particular purposes
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Authorised by the Parliamentary Counsel
[s 1]
Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 1 Preliminary
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Police Powers and
Responsibilities (Making Jack’s Law Permanent) and Other
Legislation Amendment Act 2025.
2 Commencement
Part 3 commences on a day to be fixed by proclamation.
Part 2 Amendment of Marine Rescue
Queensland Act 2024
3 Act amended
This part amends the Marine Rescue Queensland Act 2024.
4 Insertion of new s 28A
Part 4—
insert—
28A MRQ is charitable institution
MRQ is a charitable institution in relation to a
gift, donation, bequest or legacy to MRQ under a
trust instrument or other document.
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Police Powers and Responsibilities Act 2000
Part 3 Amendment of Police Powers
and Responsibilities Act 2000
5 Act amended
This part amends the Police Powers and Responsibilities Act
2000.
6 Amendment of s 30 (Prescribed circumstances for
searching persons without warrant)
Section 30(1)(l), from ‘section 39E’ to ‘39FB’—
omit, insert—
section 39BA, 39E
7 Amendment of ch 2, pt 3A, hdg (Jack’s Law—Use of hand
held scanners without warrant in particular places)
Chapter 2, part 3A, heading, from ‘in’—
omit.
8 Insertion of new s 39AA
Before section 39A—
insert—
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.
9 Amendment of s 39A (Definitions for part)
Section 39A, definition hand held scanner authority, ‘section
39C(6)’—
omit, insert—
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Police Powers and Responsibilities Act 2000
section 39C(3)
10 Insertion of new s 39BA
After section 39B—
insert—
39BA Use of hand held scanner without warrant in
relevant places
(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)—
(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.
(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.
11 Amendment of s 39C (Use of hand held scanner
authorised by senior police officer)
(1) Section 39C, heading—
omit, insert—
39C Authorisation by senior police officer
(2) Section 39C(1), from ‘any of’—
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Police Powers and Responsibilities Act 2000
omit, insert—
a public place, other than a relevant place under
section 39BA(1).
(3) Section 39C(2), from ‘if—’—
omit, insert—
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.
(4) Section 39C(3) to (5)—
omit.
(5) Section 39C(6)—
renumber as section 39C(3).
12 Amendment of s 39D (Form and effect of hand held
scanner authority)
(1) Section 39D(1)(a), after ‘starts’—
insert—
and ends
(2) Section 39D(1)(b)—
omit, insert—
(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.
13 Replacement of ss 39E–39FC
Sections 39E to 39FC—
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Police Powers and Responsibilities Act 2000
omit, insert—
39E Authorised use of hand held scanner without
warrant in stated public places
(1) This section applies if a hand held scanner
authority is in effect for a stated public place
under section 39C.
(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.
(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.
14 Amendment of s 39G (Requirements if hand held scanner
indicates metal)
(1) Section 39G(1)(a), ‘a hand held scanner authority’—
omit, insert—
section 39BA or 39E
(2) Section 39G(2), notes—
omit, insert—
Note—
See sections 29 and 30(1)(l) for the power to search a
person without a warrant.
15 Amendment of s 39H (Safeguards for exercise of powers)
(1) Section 39H(1), ‘a hand held scanner authority’—
omit, insert—
section 39BA or 39E
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 3 Amendment of Police Powers and Responsibilities Act 2000
(2) Section 39H(4)(e)—
omit, insert—
(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.
(3) Section 39H(6)—
omit.
16 Omission of ss 39I and 39J
Sections 39I and 39J—
omit.
17 Omission of s 39L (Expiry of particular provisions)
Section 39L—
omit.
18 Amendment of s 808C (Annual report to include
information about authorisation of hand held scanners)
(1) Section 808C, heading, ‘authorisation of’—
omit.
(2) Section 808C(1)(b)—
omit.
(3) Section 808C(1)(c)(i) to (iv), ‘the authorities’—
omit, insert—
section 39BA or 39E
(4) Section 808C(1)(c)—
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 4 Amendment of State Emergency Service Act 2024
renumber as section 808C(1)(b).
19 Amendment of sch 6 (Dictionary)
Schedule 6, definition hand held scanner authority, ‘section
39C(6)’—
omit, insert—
section 39C(3)
Part 4 Amendment of State
Emergency Service Act 2024
20 Act amended
This part amends the State Emergency Service Act 2024.
21 Replacement of pt 6, hdg (Transitional provisions for
Emergency Services Reform Amendment Act 2024)
Part 6, heading—
omit, insert—
Part 6 Transitional and
validation provisions
Division 1 Transitional provisions for
Emergency Services
Reform Amendment Act
2024
22 Amendment of s 50 (Definitions for part)
(1) Section 50, heading, ‘part’—
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Authorised by the Parliamentary Counsel
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 4 Amendment of State Emergency Service Act 2024
omit, insert—
division
(2) Section 50, ‘this part’—
omit, insert—
this division
23 Insertion of new pt 6, div 2
Part 6—
insert—
Division 2 Validation provisions for
Police Powers and
Responsibilities (Making
Jack’s Law Permanent)
and Other Legislation
Amendment Act 2025
58 Validation provision for purported
appointment of former SES member
(1) This section applies if, before the relevant
commencement, a person (the appointee) was
purportedly appointed as a member of the former
SES under the Fire Services Act 1990, former
section 132.
Note—
The Fire Services Act 1990 was previously titled the
Fire and Emergency Services Act 1990.
(2) Without limiting subsection (1), this section
applies if the purported appointment was made by
a person purporting to perform the delegated
function of the QFES commissioner under the
Fire Services Act 1990, former section 132.
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Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation
Amendment Bill 2025
Part 4 Amendment of State Emergency Service Act 2024
(3) The appointee is taken to have been validly
appointed until—
(a) if the purported appointment had ended on a
day before the relevant
commencement—the end of that day; or
(b) if paragraph (a) does not apply—the
relevant commencement.
(4) Anything done or omitted to be done by the
appointee during the period of the purported
appointment that would have been valid and
lawful under the former Act had the appointee
been validly appointed as a member of the former
SES is taken to be, and always to have been, valid
and lawful.
(5) In this section—
former, in relation to a provision, means the
provision as in force from time to time before the
relevant commencement.
former Act means the Fire Services Act 1990 as in
force from time to time before the relevant
commencement.
former SES means the State Emergency Service
established under the Fire Services Act 1990,
former section 129.
QFES commissioner means the commissioner
appointed under the Fire Services Act 1990,
former section 5.
relevant commencement means the
commencement of section 51.
59 Validation provision for purported
appointment of particular SES members
(1) This section applies if a person (the appointee)
was at any time purportedly appointed as a
member of the SES under section 16 by a person
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