This Act gives senior police officers special powers to manage three kinds of declared incidents—general emergency situations, terrorist emergencies and chemical/biological/radiological (CBR) emergencies. It lets commanders order evacuations, seize or take control of resources, search and seize people and devices (including compelling access information and biometric checks), detain and medically treat people in limited circumstances, and destroy or decontaminate property. It affects police, emergency responders, people and property in declared areas, and matters for evidence, recordkeeping and judicial oversight.
The Public Safety Preservation Act 1986 (Qld) creates and governs Queensland's framework for declaring and managing public safety emergencies. It confers extraordinary coercive powers on police and emergency responders during a declared emergency, powers that would otherwise have no legal basis. The Act has three operative Parts dealing with different types of emergency: general emergency situations (Part 2), terrorist emergencies (Part 2A), and chemical, biological and radiological emergencies (Part 3).
The Act applies both within and outside Queensland to the full extent of the State's extraterritorial legislative power (section 3A). A declaration may cover an area that moves outside Queensland (for example, an area surrounding a moving vessel that crosses state waters).
Part 3B contains provisions for covert surveillance devices during terrorist emergencies. Part 4 addresses general matters including employment protection, compensation and liability.
Main concepts
Emergency situation under Part 2 refers to circumstances where a senior police officer is satisfied on reasonable grounds that an emergency has arisen or is likely to arise. The term is not exhaustively defined; the declaration triggers the Part 2 powers.
Senior officer is the person empowered to make a Part 2 declaration (referred to as the "emergency commander"). After amendments in 2016 and 2017, this is defined to include appropriately senior police officers.
Current sections
Direct links to the current provisions in Public Safety Preservation Act 1986.
157
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Public Safety Preservation Act 1986 .
sec.2
Section sec.2
s 2 om 15 January 1996 RA s 36
sec.3
Crown bound
sec.3 Crown bound
This Act binds the Crown.
sec.3A
Extraterritorial application of Act
sec.3A Extraterritorial application of Act
This Act applies both within and outside Queensland.
This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.
A senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland.
The commissioner or deputy commissioner may, under section 8A —
appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that—
an emergency situation has arisen or is likely to arise in Queensland; and
the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.
A power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland.
A declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity—
may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and
is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.
A declaration under section 8GA of a vehicle or an area surrounding a vehicle—
may be made even if the vehicle or area is outside Queensland at the time of the declaration; and
is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.
Subsections (3) to (7) do not limit subsection (2) .
s 3A ins 2015 No. 27 s 9
amd 2016 No. 42 s 21 ; 2017 No. 30 s 29
(sec.3A-ssec.1) This Act applies both within and outside Queensland.
(sec.3A-ssec.2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.
(sec.3A-ssec.3) A senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland.
(sec.3A-ssec.4) The commissioner or deputy commissioner may, under section 8A — appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— an emergency situation has arisen or is likely to arise in Queensland; and the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.
(sec.3A-ssec.5) A power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland.
(sec.3A-ssec.6) A declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity— may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.
(sec.3A-ssec.7) A declaration under section 8GA of a vehicle or an area surrounding a vehicle— may be made even if the vehicle or area is outside Queensland at the time of the declaration; and is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.
(sec.3A-ssec.8) Subsections (3) to (7) do not limit subsection (2) .
(a) appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— (i) an emergency situation has arisen or is likely to arise in Queensland; and (ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
(i) an emergency situation has arisen or is likely to arise in Queensland; and
(ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
(b) appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.
(i) an emergency situation has arisen or is likely to arise in Queensland; and
(ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
(a) may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and
(b) is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.
(a) may be made even if the vehicle or area is outside Queensland at the time of the declaration; and
(b) is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.
sec.4
Definitions
sec.4 Definitions
The dictionary in the schedule defines particular words used in this Act.
s 4 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 4 (1)
Note—s 4 previously contained definitions for this Act. Definitions are now located in the schedule (Dictionary).
sec.4A
Relationship with another declaration under another Act
sec.4A Relationship with another declaration under another Act
This Act does not prevent a person from declaring a state of disaster or another emergency under another Act.
The existence of another declaration under another Act does not prevent the making of a declaration, or the exercise of powers, under this Act.
Disaster Management Act 2003
s 4A ins 2003 No. 46 s 5
sub 2007 No. 34 s 9
(sec.4A-ssec.1) This Act does not prevent a person from declaring a state of disaster or another emergency under another Act.
(sec.4A-ssec.2) The existence of another declaration under another Act does not prevent the making of a declaration, or the exercise of powers, under this Act. Disaster Management Act 2003
pt.2
Emergency situation
Emergency situation
pt.2-div.1
Declarations and delegations
Declarations and delegations
sec.5
Declaration of emergency situation
sec.5 Declaration of emergency situation
Subject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer.
Without limiting subsection (1) , the specified area may be any description of area surrounding a moving activity.
an area within a stated distance of a stated moving motor vehicle or vessel
an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating—
that an emergency situation has been declared to exist; and
the nature of the emergency situation; and
the date and time the emergency situation was declared to exist; and
the area in respect of which the emergency situation exists.
The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer.
The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate.
The commissioner must keep the emergency situation certificate for at least 6 years.
s 5 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 6 ; 2007 No. 34 ss 10 , 7 sch ; 2010 No. 40 s 44 ; 2016 No. 42 ss 23 , 70 sch 1 ; 2017 No. 30 s 30
(sec.5-ssec.1) Subject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer.
(sec.5-ssec.2) Without limiting subsection (1) , the specified area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
(sec.5-ssec.3) As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating— that an emergency situation has been declared to exist; and the nature of the emergency situation; and the date and time the emergency situation was declared to exist; and the area in respect of which the emergency situation exists.
(sec.5-ssec.4) The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer.
(sec.5-ssec.5) The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate.
(sec.5-ssec.6) The commissioner must keep the emergency situation certificate for at least 6 years.
• an area within a stated distance of a stated moving motor vehicle or vessel
• an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
(a) that an emergency situation has been declared to exist; and
(b) the nature of the emergency situation; and
(c) the date and time the emergency situation was declared to exist; and
(d) the area in respect of which the emergency situation exists.
sec.6
Effect of declaration under Disaster Management Act 2003
sec.6 Effect of declaration under Disaster Management Act 2003
A declaration under section 5 in force when a disaster situation is declared under the Disaster Management Act 2003 must be revoked by the emergency commander or, if the emergency commander is unavailable, by another senior officer, unless the emergency commander or other senior officer believes on reasonable grounds that it is necessary for the declaration under section 5 to remain in force.
s 6 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 19 s 3 sch ; 2003 No. 91 s 175 sch 1 ; 2007 No. 34 s 7 sch
sub 2010 No. 40 s 45
amd 2017 No. 30 s 31
sec.7
Delegation of power for particular periods
sec.7 Delegation of power for particular periods
This section only applies for any period for which the emergency commander is not acting as the emergency commander.
The emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.
The power to delegate does not include the power to delegate the function to—
issue an emergency situation certificate; or
make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
In this section—
functions includes powers.
s 7 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 7
sub 2007 No. 34 s 11
amd 2016 No. 42 s 24 ; 2017 No. 30 s 32
(sec.7-ssec.1) This section only applies for any period for which the emergency commander is not acting as the emergency commander.
(sec.7-ssec.2) The emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.
(sec.7-ssec.3) The power to delegate does not include the power to delegate the function to— issue an emergency situation certificate; or make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
(sec.7-ssec.4) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
(sec.7-ssec.5) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
(sec.7-ssec.6) In this section— functions includes powers.
(a) issue an emergency situation certificate; or
(b) make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
sec.7A
Delegation of power to require information
sec.7A Delegation of power to require information
The emergency commander may delegate the power conferred under section 8AE to an appropriately qualified police officer, including the power to subdelegate that power to another appropriately qualified police officer.
For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
s 7A ins 2016 No. 42 s 25
(sec.7A-ssec.1) The emergency commander may delegate the power conferred under section 8AE to an appropriately qualified police officer, including the power to subdelegate that power to another appropriately qualified police officer.
(sec.7A-ssec.2) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
(sec.7A-ssec.3) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
pt.2-div.2
Powers for area in which emergency situation exists
Powers for area in which emergency situation exists
sec.8
General powers
sec.8 General powers
Where during the period of and in the area specified in respect of an emergency situation the emergency commander is satisfied on reasonable grounds that it is necessary to effectively deal with that emergency situation he or she (and any other police officer acting on his or her instructions) may—
direct the owner or the person for the time being in charge or in control of any resource to surrender it and place it under the emergency commander’s or police officer’s control ( resource surrender direction );
take control of any resource, whether it is in the charge or control of any person or not;
in respect of any resource under the emergency commander’s or police officer’s control, direct any person who is capable of operating that resource to operate it as directed by him or her ( resource operator direction );
direct the evacuation and exclusion of any person or persons from any premises and for this purpose may remove or cause to be removed (using such force as is necessary for that purpose) any person who does not comply with a direction to evacuate or any person who enters, attempts to enter or is found in or on any premises in respect of which a direction for the exclusion of persons has been given;
close or cause to be closed to traffic and pedestrians, any road, street, motorway, private road, private way, service lane, footway, right of way, access way or other way or close any place to which members of the public have access whether on payment of a fee or otherwise;
enter or cause to be entered (using such force as is necessary for that purpose) any premises;
search or cause to be searched (using such force as is necessary for that purpose) any premises and anything found therein or thereon;
remove or cause to be removed from any premises (using such force as is necessary for that purpose) any animal or anything;
direct any person to assist him or her in the manner specified by him or her ( help direction );
destroy an explosive that is found in the area specified in respect of the emergency situation.
The emergency commander or police officer must not give a resource operator direction or a help direction to a person if giving the direction would expose the person to imminent danger.
A person given a resource surrender direction, a resource operator direction or a help direction must comply with the direction, unless the person has a reasonable excuse.
Maximum penalty for subsection (3) —40 penalty units or 1 year’s imprisonment.
s 8 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 8 ; 2007 No. 34 s 7 sch ; 2016 No. 42 s 27 ; 2017 No. 30 s 33
(sec.8-ssec.1) Where during the period of and in the area specified in respect of an emergency situation the emergency commander is satisfied on reasonable grounds that it is necessary to effectively deal with that emergency situation he or she (and any other police officer acting on his or her instructions) may— direct the owner or the person for the time being in charge or in control of any resource to surrender it and place it under the emergency commander’s or police officer’s control ( resource surrender direction ); take control of any resource, whether it is in the charge or control of any person or not; in respect of any resource under the emergency commander’s or police officer’s control, direct any person who is capable of operating that resource to operate it as directed by him or her ( resource operator direction ); direct the evacuation and exclusion of any person or persons from any premises and for this purpose may remove or cause to be removed (using such force as is necessary for that purpose) any person who does not comply with a direction to evacuate or any person who enters, attempts to enter or is found in or on any premises in respect of which a direction for the exclusion of persons has been given; close or cause to be closed to traffic and pedestrians, any road, street, motorway, private road, private way, service lane, footway, right of way, access way or other way or close any place to which members of the public have access whether on payment of a fee or otherwise; enter or cause to be entered (using such force as is necessary for that purpose) any premises; search or cause to be searched (using such force as is necessary for that purpose) any premises and anything found therein or thereon; remove or cause to be removed from any premises (using such force as is necessary for that purpose) any animal or anything; direct any person to assist him or her in the manner specified by him or her ( help direction ); destroy an explosive that is found in the area specified in respect of the emergency situation.
(sec.8-ssec.2) The emergency commander or police officer must not give a resource operator direction or a help direction to a person if giving the direction would expose the person to imminent danger.
(sec.8-ssec.3) A person given a resource surrender direction, a resource operator direction or a help direction must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —40 penalty units or 1 year’s imprisonment.
(a) direct the owner or the person for the time being in charge or in control of any resource to surrender it and place it under the emergency commander’s or police officer’s control ( resource surrender direction );
(b) take control of any resource, whether it is in the charge or control of any person or not;
(c) in respect of any resource under the emergency commander’s or police officer’s control, direct any person who is capable of operating that resource to operate it as directed by him or her ( resource operator direction );
(d) direct the evacuation and exclusion of any person or persons from any premises and for this purpose may remove or cause to be removed (using such force as is necessary for that purpose) any person who does not comply with a direction to evacuate or any person who enters, attempts to enter or is found in or on any premises in respect of which a direction for the exclusion of persons has been given;
(e) close or cause to be closed to traffic and pedestrians, any road, street, motorway, private road, private way, service lane, footway, right of way, access way or other way or close any place to which members of the public have access whether on payment of a fee or otherwise;
(f) enter or cause to be entered (using such force as is necessary for that purpose) any premises;
(g) search or cause to be searched (using such force as is necessary for that purpose) any premises and anything found therein or thereon;
(h) remove or cause to be removed from any premises (using such force as is necessary for that purpose) any animal or anything;
(i) direct any person to assist him or her in the manner specified by him or her ( help direction );
(j) destroy an explosive that is found in the area specified in respect of the emergency situation.
sec.8AAA
Requirements for destruction of explosives
sec.8AAA Requirements for destruction of explosives
Subsection (2) applies if the destruction of an explosive under section 8 (1) (j) by the emergency commander or another police officer is likely to cause structural damage to a building.
Before destroying the explosive, the emergency commander or police officer must obtain the approval of a State police officer of at least the rank of assistant commissioner, if it is reasonably practicable to do so.
Subsection (4) applies if—
the emergency commander or another police officer destroys an explosive under section 8 (1) (j) without approval under subsection (2) ; and
the destruction causes structural damage to a building.
The emergency commander or police officer must, as soon as reasonably practicable, inform a State police officer of at least the rank of assistant commissioner of the destruction and the structural damage.
s 8AAA ins 2017 No. 30 s 34
(sec.8AAA-ssec.1) Subsection (2) applies if the destruction of an explosive under section 8 (1) (j) by the emergency commander or another police officer is likely to cause structural damage to a building.
(sec.8AAA-ssec.2) Before destroying the explosive, the emergency commander or police officer must obtain the approval of a State police officer of at least the rank of assistant commissioner, if it is reasonably practicable to do so.
(sec.8AAA-ssec.3) Subsection (4) applies if— the emergency commander or another police officer destroys an explosive under section 8 (1) (j) without approval under subsection (2) ; and the destruction causes structural damage to a building.
(sec.8AAA-ssec.4) The emergency commander or police officer must, as soon as reasonably practicable, inform a State police officer of at least the rank of assistant commissioner of the destruction and the structural damage.
(a) the emergency commander or another police officer destroys an explosive under section 8 (1) (j) without approval under subsection (2) ; and
(b) the destruction causes structural damage to a building.
pt.2-div.3
Power to require information
Power to require information
sec.8AA
Definitions for division
sec.8AA Definitions for division
In this division—
authorised person , for an information matter, see section 8AB .
disclosure notice see section 8AL (2) .
disclosure recipient see section 8AD .
employer , of a person, means the person who employs the person or by whom the person is engaged.
give , in relation to information, includes carry out a procedure to generate the information.
information includes a document.
information matter means—
the fact an information requirement is made of a person; or
the nature of the information sought under an information requirement that is made of a person.
information requirement see section 8AE (3) .
manager , of a person, means a person who is employed or engaged by the same entity as the person and who manages or supervises the person’s work.
relevant officer see section 8AL (4) .
unauthorised person , for an information matter, see section 8AC .
work-related information , for a person of whom an information requirement is made, means information that is held, or is to be collected, by an entity by which the person is employed or engaged.
s 8AA ins 2016 No. 42 s 28
(a) the fact an information requirement is made of a person; or
(b) the nature of the information sought under an information requirement that is made of a person.
sec.8AB
Meaning of authorised person
sec.8AB Meaning of authorised person
An authorised person , for an information matter, is—
a person who has been given a disclosure notice authorising the disclosure of the information matter to the person; or
See subdivision 4 for the giving of disclosure notices.
a police officer to whom an information matter must, or may, be disclosed under this Act.
s 8AB ins 2016 No. 42 s 28
(a) a person who has been given a disclosure notice authorising the disclosure of the information matter to the person; or Note— See subdivision 4 for the giving of disclosure notices.
(b) a police officer to whom an information matter must, or may, be disclosed under this Act.
sec.8AC
Meaning of unauthorised person
sec.8AC Meaning of unauthorised person
An unauthorised person , for an information matter, is a person other than an authorised person for the information matter.
See subdivision 3 for the restrictions on disclosing an information matter to an unauthorised person.
s 8AC ins 2016 No. 42 s 28
(sec.8AC-ssec) An unauthorised person , for an information matter, is a person other than an authorised person for the information matter.
sec.8AD
Meaning of disclosure recipient
sec.8AD Meaning of disclosure recipient
A disclosure recipient is a person to whom an information matter is disclosed.
For subsection (1) , it does not matter whether the disclosure of the information matter to the person—
is made by a person of whom an information requirement is made or another disclosure recipient; or
is made lawfully or otherwise.
A disclosure recipient may be an authorised person, or an unauthorised person, for the information matter that is disclosed to the disclosure recipient.
However, a person to whom an information matter is disclosed is not a disclosure recipient if the disclosure is made to the person—
because the person is a police officer mentioned in any of the following sections—
section 8AE (2) ;
section 8AF (3) , definition relevant matters , paragraph (h) or (i) ;
section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or
for the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission.
s 8AD ins 2016 No. 42 s 28
(sec.8AD-ssec.1) A disclosure recipient is a person to whom an information matter is disclosed.
(sec.8AD-ssec.2) For subsection (1) , it does not matter whether the disclosure of the information matter to the person— is made by a person of whom an information requirement is made or another disclosure recipient; or is made lawfully or otherwise. A disclosure recipient may be an authorised person, or an unauthorised person, for the information matter that is disclosed to the disclosure recipient.
(sec.8AD-ssec.3) However, a person to whom an information matter is disclosed is not a disclosure recipient if the disclosure is made to the person— because the person is a police officer mentioned in any of the following sections— section 8AE (2) ; section 8AF (3) , definition relevant matters , paragraph (h) or (i) ; section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or for the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission.
(a) is made by a person of whom an information requirement is made or another disclosure recipient; or
(b) is made lawfully or otherwise.
(a) because the person is a police officer mentioned in any of the following sections— (i) section 8AE (2) ; (ii) section 8AF (3) , definition relevant matters , paragraph (h) or (i) ; (iii) section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or
(i) section 8AE (2) ;
(ii) section 8AF (3) , definition relevant matters , paragraph (h) or (i) ;
(iii) section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or
(b) for the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission.
(i) section 8AE (2) ;
(ii) section 8AF (3) , definition relevant matters , paragraph (h) or (i) ;
(iii) section 8AN (3) , definition relevant matters , paragraph (j) or (k) ; or
sec.8AE
Making of information requirement
sec.8AE Making of information requirement
This section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that—
a person may be able to give information that is necessary to manage or resolve the emergency situation; and
a designated person under the Hospital and Health Boards Act 2011 , part 7
a person who is responsible for a biometric identification system
it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision.
The emergency commander or a police officer acting on the emergency commander’s instructions may require the person to give the information to—
the emergency commander or police officer; or
another police officer, who may be described by name or by reference to an officer performing a stated function.
A requirement under subsection (2) is an information requirement .
An information requirement—
must be made by written notice; or
if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made.
Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice.
An information requirement may require the person to give the information—
either—
if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or
otherwise—by a stated reasonable time and in a stated reasonable way; or
telephoning a stated telephone number to give the information by telephone
emailing a document to a stated email address
by attending at a stated reasonable time and place to answer questions or produce documents.
Also, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation.
However, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation.
See the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence.
For information that is included in an electronic document, compliance with the information requirement requires—
the giving of a clear image or written version of the electronic document; or
the giving of the information in a format that is able to be accessed by the emergency commander or police officer.
giving a digital file of CCTV footage that is able to be played on a computer
If the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends.
s 8AE ins 2016 No. 42 s 28
amd 2023 No. 23 s 247 sch 1 s 33
(sec.8AE-ssec.1) This section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that— a person may be able to give information that is necessary to manage or resolve the emergency situation; and a designated person under the Hospital and Health Boards Act 2011 , part 7 a person who is responsible for a biometric identification system it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision.
(sec.8AE-ssec.2) The emergency commander or a police officer acting on the emergency commander’s instructions may require the person to give the information to— the emergency commander or police officer; or another police officer, who may be described by name or by reference to an officer performing a stated function.
(sec.8AE-ssec.3) A requirement under subsection (2) is an information requirement .
(sec.8AE-ssec.4) An information requirement— must be made by written notice; or if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice.
(sec.8AE-ssec.5) An information requirement may require the person to give the information— either— if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or otherwise—by a stated reasonable time and in a stated reasonable way; or telephoning a stated telephone number to give the information by telephone emailing a document to a stated email address by attending at a stated reasonable time and place to answer questions or produce documents.
(sec.8AE-ssec.6) Also, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation.
(sec.8AE-ssec.7) However, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation. See the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence.
(sec.8AE-ssec.8) For information that is included in an electronic document, compliance with the information requirement requires— the giving of a clear image or written version of the electronic document; or the giving of the information in a format that is able to be accessed by the emergency commander or police officer. giving a digital file of CCTV footage that is able to be played on a computer
(sec.8AE-ssec.9) If the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends.
(a) a person may be able to give information that is necessary to manage or resolve the emergency situation; and Examples of persons who may be able to give information that is necessary to manage or resolve the emergency situation— • a designated person under the Hospital and Health Boards Act 2011 , part 7 • a person who is responsible for a biometric identification system
• a designated person under the Hospital and Health Boards Act 2011 , part 7
• a person who is responsible for a biometric identification system
(b) it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision.
• a designated person under the Hospital and Health Boards Act 2011 , part 7
• a person who is responsible for a biometric identification system
(a) the emergency commander or police officer; or
(b) another police officer, who may be described by name or by reference to an officer performing a stated function.
(a) must be made by written notice; or
(b) if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Example— Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice.
(a) either— (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address
(i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or
(ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address
• telephoning a stated telephone number to give the information by telephone
• emailing a document to a stated email address
(b) by attending at a stated reasonable time and place to answer questions or produce documents.
(i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or
(ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address
• telephoning a stated telephone number to give the information by telephone
• emailing a document to a stated email address
• telephoning a stated telephone number to give the information by telephone
• emailing a document to a stated email address
(a) the giving of a clear image or written version of the electronic document; or
(b) the giving of the information in a format that is able to be accessed by the emergency commander or police officer. Example— giving a digital file of CCTV footage that is able to be played on a computer
sec.8AF
Person to be informed of relevant matters
sec.8AF Person to be informed of relevant matters
If an information requirement is made of a person by written notice, the notice must state the relevant matters.
If an information requirement is made of a person orally, the emergency commander or a police officer acting on the emergency commander’s instructions must, when making the requirement of the person, tell the person the relevant matters.
In this section—
relevant matters , in relation to an information requirement that is made of a person, means each of the following—
an emergency situation has been declared to exist;
it is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse;
it is a reasonable excuse for the person not to give the information if—
for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or
the information is the subject of legal professional privilege;
it is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person—
tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
if the person has, or can reasonably obtain, the correct information—gives the correct information;
it is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;
the maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation;
the name, rank, registered number and station of the emergency commander or police officer making the information requirement;
the contact details of a police officer who may be contacted about the information requirement;
a stated police officer
a police officer performing a stated function
if the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h) , to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;
a police officer may give the person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons;
if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j) , a police officer will inform the person when the emergency situation has ended.
s 8AF ins 2016 No. 42 s 28
(sec.8AF-ssec.1) If an information requirement is made of a person by written notice, the notice must state the relevant matters.
(sec.8AF-ssec.2) If an information requirement is made of a person orally, the emergency commander or a police officer acting on the emergency commander’s instructions must, when making the requirement of the person, tell the person the relevant matters.
(sec.8AF-ssec.3) In this section— relevant matters , in relation to an information requirement that is made of a person, means each of the following— an emergency situation has been declared to exist; it is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse; it is a reasonable excuse for the person not to give the information if— for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or the information is the subject of legal professional privilege; it is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information; it is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse; the maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation; the name, rank, registered number and station of the emergency commander or police officer making the information requirement; the contact details of a police officer who may be contacted about the information requirement; a stated police officer a police officer performing a stated function if the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h) , to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose; a police officer may give the person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons; if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j) , a police officer will inform the person when the emergency situation has ended.
(a) an emergency situation has been declared to exist;
(b) it is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse;
(c) it is a reasonable excuse for the person not to give the information if— (i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or (ii) the information is the subject of legal professional privilege;
(i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or
(ii) the information is the subject of legal professional privilege;
(d) it is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
(i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
(ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
(e) it is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;
(f) the maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation;
(g) the name, rank, registered number and station of the emergency commander or police officer making the information requirement;
(h) the contact details of a police officer who may be contacted about the information requirement; Examples of a police officer who may be contacted about the information requirement— • a stated police officer • a police officer performing a stated function
• a stated police officer
• a police officer performing a stated function
(i) if the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h) , to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;
(j) a police officer may give the person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons;
(k) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j) , a police officer will inform the person when the emergency situation has ended.
(i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or
(ii) the information is the subject of legal professional privilege;
(i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
(ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
• a stated police officer
• a police officer performing a stated function
sec.8AG
Offence to contravene information requirement
sec.8AG Offence to contravene information requirement
A person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse.
Maximum penalty—40 penalty units or 1 year’s imprisonment.
It is a reasonable excuse for the person not to give the information if—
for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or
the information is the subject of legal professional privilege.
Subsection (2) does not limit what is a reasonable excuse.
It is a defence to a prosecution for an offence against subsection (1) for the person to prove the person—
could not reasonably comply with the information requirement within the period stated in the requirement; and
took reasonable steps to comply with the information requirement; and
gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement.
Subsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section.
See section 8AQ for the person’s protection from liability for giving the information.
A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—
intends to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation; or
knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation.
Maximum penalty—10 years imprisonment.
s 8AG ins 2016 No. 42 s 28
(sec.8AG-ssec.1) A person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year’s imprisonment.
(sec.8AG-ssec.2) It is a reasonable excuse for the person not to give the information if— for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or the information is the subject of legal professional privilege.
(sec.8AG-ssec.3) Subsection (2) does not limit what is a reasonable excuse.
(sec.8AG-ssec.4) It is a defence to a prosecution for an offence against subsection (1) for the person to prove the person— could not reasonably comply with the information requirement within the period stated in the requirement; and took reasonable steps to comply with the information requirement; and gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement.
(sec.8AG-ssec.5) Subsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section. See section 8AQ for the person’s protection from liability for giving the information.
(sec.8AG-ssec.6) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.
(a) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or
(b) the information is the subject of legal professional privilege.
(a) could not reasonably comply with the information requirement within the period stated in the requirement; and
(b) took reasonable steps to comply with the information requirement; and
(c) gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement.
(a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(b) knows that, or is reckless as to whether, the person’s noncompliance with the information requirement is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
sec.8AH
Offence to give false or misleading information
sec.8AH Offence to give false or misleading information
A person of whom an information requirement is made must not give the nominated officer information the person knows is false or misleading in a material particular.
Maximum penalty—40 penalty units or 1 year’s imprisonment.
Subsection (1) does not apply to a person if the person, when giving information in a document—
tells the nominated officer, to the best of the person’s ability, how the document is false or misleading; and
if the person has, or can reasonably obtain, the correct information—gives the correct information.
A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—
intends to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation; or
knows that, or is reckless as to whether, giving the false or misleading information is likely to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation.
Maximum penalty—10 years imprisonment.
In this section—
nominated officer , in relation to a person of whom an information requirement is made, means the police officer to whom the person is required to give the information under the information requirement.
See section 8AE (2) for the police officers to whom a person may be required to give the information under an information requirement.
s 8AH ins 2016 No. 42 s 28
(sec.8AH-ssec.1) A person of whom an information requirement is made must not give the nominated officer information the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units or 1 year’s imprisonment.
(sec.8AH-ssec.2) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the nominated officer, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.
(sec.8AH-ssec.3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, giving the false or misleading information is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.
(sec.8AH-ssec.4) In this section— nominated officer , in relation to a person of whom an information requirement is made, means the police officer to whom the person is required to give the information under the information requirement. See section 8AE (2) for the police officers to whom a person may be required to give the information under an information requirement.
(a) tells the nominated officer, to the best of the person’s ability, how the document is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information—gives the correct information.
(a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(b) knows that, or is reckless as to whether, giving the false or misleading information is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
sec.8AI
Offence for person to disclose information matter to unauthorised person
sec.8AI Offence for person to disclose information matter to unauthorised person
During the period of an emergency situation, a person of whom an information requirement has been made must not, without reasonable excuse, disclose an information matter to an unauthorised person for the information matter.
Maximum penalty—40 penalty units or 1 year’s imprisonment.
However, the person does not commit an offence against subsection (1) if—
the person has been given a notice under section 8AK in relation to the information matter; or
the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.
A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person—
intends to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation; or
knows that, or is reckless as to whether, the disclosure of the information matter is likely to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation.
Maximum penalty—10 years imprisonment.
s 8AI ins 2016 No. 42 s 28
(sec.8AI-ssec.1) During the period of an emergency situation, a person of whom an information requirement has been made must not, without reasonable excuse, disclose an information matter to an unauthorised person for the information matter. Maximum penalty—40 penalty units or 1 year’s imprisonment.
(sec.8AI-ssec.2) However, the person does not commit an offence against subsection (1) if— the person has been given a notice under section 8AK in relation to the information matter; or the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.
(sec.8AI-ssec.3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the disclosure of the information matter is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.
(a) the person has been given a notice under section 8AK in relation to the information matter; or
(b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.
(a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
sec.8AJ
Offence for disclosure recipient to disclose information matter to unauthorised person
sec.8AJ Offence for disclosure recipient to disclose information matter to unauthorised person
During the period of an emergency situation, a disclosure recipient must not, without reasonable excuse—
if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or
if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person.
Maximum penalty—40 penalty units or 1 year’s imprisonment.
However, the disclosure recipient does not commit an offence against subsection (1) if—
the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or
the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.
Also, the disclosure recipient does not commit an offence against subsection (1) (a) by disclosing to a person of whom an information requirement has been made—
the fact the information requirement has been made of the person; or
the nature of the information sought under the information requirement.
A disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient—
intends to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation; or
knows that, or is reckless as to whether, the disclosure of the information matter is likely to—
seriously endanger the health or safety of any person; or
cause serious damage to property; or
cause serious pollution of the environment; or
seriously prejudice the effective management or resolution of the emergency situation.
Maximum penalty—10 years imprisonment.
s 8AJ ins 2016 No. 42 s 28
(sec.8AJ-ssec.1) During the period of an emergency situation, a disclosure recipient must not, without reasonable excuse— if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person. Maximum penalty—40 penalty units or 1 year’s imprisonment.
(sec.8AJ-ssec.2) However, the disclosure recipient does not commit an offence against subsection (1) if— the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.
(sec.8AJ-ssec.3) Also, the disclosure recipient does not commit an offence against subsection (1) (a) by disclosing to a person of whom an information requirement has been made— the fact the information requirement has been made of the person; or the nature of the information sought under the information requirement.
(sec.8AJ-ssec.4) A disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient— intends to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation; or knows that, or is reckless as to whether, the disclosure of the information matter is likely to— seriously endanger the health or safety of any person; or cause serious damage to property; or cause serious pollution of the environment; or seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment.
(a) if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or
(b) if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person.
(a) the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or
(b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission.
(a) the fact the information requirement has been made of the person; or
(b) the nature of the information sought under the information requirement.
(a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation; or
(i) seriously endanger the health or safety of any person; or
(ii) cause serious damage to property; or
(iii) cause serious pollution of the environment; or
(iv) seriously prejudice the effective management or resolution of the emergency situation.
sec.8AK
Notice that person released from prohibition on disclosing information matter
sec.8AK Notice that person released from prohibition on disclosing information matter
This section applies if, at any time during the period of an emergency situation, the emergency commander reasonably considers it will not prejudice the effective management or resolution of the emergency situation if—
a person of whom an information requirement is made discloses an information matter; or
a person who is a disclosure recipient discloses an information matter.
The emergency commander or a police officer acting on the emergency commander’s instructions may give the person a written notice stating that the person is no longer prohibited from disclosing the information matter to other persons.
Section 8AI or 8AJ applies to the person if the person has not been given a notice under this section.
The written notice may be given to the person—
by email, but only if it is sent from a Queensland Police Service email account; or
in a written notice making an information requirement of the person; or
in another appropriate way.
s 8AK ins 2016 No. 42 s 28
(sec.8AK-ssec.1) This section applies if, at any time during the period of an emergency situation, the emergency commander reasonably considers it will not prejudice the effective management or resolution of the emergency situation if— a person of whom an information requirement is made discloses an information matter; or a person who is a disclosure recipient discloses an information matter.
(sec.8AK-ssec.2) The emergency commander or a police officer acting on the emergency commander’s instructions may give the person a written notice stating that the person is no longer prohibited from disclosing the information matter to other persons. Section 8AI or 8AJ applies to the person if the person has not been given a notice under this section.
(sec.8AK-ssec.3) The written notice may be given to the person— by email, but only if it is sent from a Queensland Police Service email account; or in a written notice making an information requirement of the person; or in another appropriate way.
(a) a person of whom an information requirement is made discloses an information matter; or
(b) a person who is a disclosure recipient discloses an information matter.
(a) by email, but only if it is sent from a Queensland Police Service email account; or
(b) in a written notice making an information requirement of the person; or
(c) in another appropriate way.
sec.8AL
Request for disclosure notice to be given
sec.8AL Request for disclosure notice to be given
This section applies to a person who—
is either—
a person of whom an information requirement is made; or
a disclosure recipient; and
during the period of an emergency situation, wishes to disclose an information matter to another person; and
has not been given a notice under section 8AK in relation to the information matter.
The person may ask a relevant officer to give a stated person a notice (a disclosure notice ) authorising the disclosure of the information matter to the stated person for a stated purpose.
The stated purpose must be—
for disclosure by a person of whom an information requirement is made—
to obtain the help of the other person in order to comply with the information requirement; or
if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or
to seek legal advice in relation to the information requirement, including about an offence against this division; or
for disclosure by a disclosure recipient—
to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or
if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or
to seek legal advice in relation to the information requirement, including about an offence against this division.
In this section—
relevant officer means—
the emergency commander; or
a police officer acting on the emergency commander’s instructions; or
if the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) whose contact details have been given to the person; or
if the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section 8AN (3) , definition relevant matters paragraph (j) whose contact details have been given to the disclosure recipient.
s 8AL ins 2016 No. 42 s 28
(sec.8AL-ssec.1) This section applies to a person who— is either— a person of whom an information requirement is made; or a disclosure recipient; and during the period of an emergency situation, wishes to disclose an information matter to another person; and has not been given a notice under section 8AK in relation to the information matter.
(sec.8AL-ssec.2) The person may ask a relevant officer to give a stated person a notice (a disclosure notice ) authorising the disclosure of the information matter to the stated person for a stated purpose.
(sec.8AL-ssec.3) The stated purpose must be— for disclosure by a person of whom an information requirement is made— to obtain the help of the other person in order to comply with the information requirement; or if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or to seek legal advice in relation to the information requirement, including about an offence against this division; or for disclosure by a disclosure recipient— to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or to seek legal advice in relation to the information requirement, including about an offence against this division.
(sec.8AL-ssec.4) In this section— relevant officer means— the emergency commander; or a police officer acting on the emergency commander’s instructions; or if the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) whose contact details have been given to the person; or if the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section 8AN (3) , definition relevant matters paragraph (j) whose contact details have been given to the disclosure recipient.
(a) is either— (i) a person of whom an information requirement is made; or (ii) a disclosure recipient; and
(i) a person of whom an information requirement is made; or
(ii) a disclosure recipient; and
(b) during the period of an emergency situation, wishes to disclose an information matter to another person; and
(c) has not been given a notice under section 8AK in relation to the information matter.
(i) a person of whom an information requirement is made; or
(ii) a disclosure recipient; and
(a) for disclosure by a person of whom an information requirement is made— (i) to obtain the help of the other person in order to comply with the information requirement; or (ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or (iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or
(i) to obtain the help of the other person in order to comply with the information requirement; or
(ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or
(iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or
(b) for disclosure by a disclosure recipient— (i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or (ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or (iii) to seek legal advice in relation to the information requirement, including about an offence against this division.
(i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or
(ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or
(iii) to seek legal advice in relation to the information requirement, including about an offence against this division.
(i) to obtain the help of the other person in order to comply with the information requirement; or
(ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or
(iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or
(i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or
(ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or
(iii) to seek legal advice in relation to the information requirement, including about an offence against this division.
(a) the emergency commander; or
(b) a police officer acting on the emergency commander’s instructions; or
(c) if the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section 8AF (3) , definition relevant matters , paragraph (h) whose contact details have been given to the person; or
(d) if the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section 8AN (3) , definition relevant matters paragraph (j) whose contact details have been given to the disclosure recipient.
sec.8AM
Obligation to give, or to refuse to give, disclosure notice
sec.8AM Obligation to give, or to refuse to give, disclosure notice
This section applies if a request is made under section 8AL to a relevant officer to give a stated person a disclosure notice.
The relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation.
The disclosure notice may be given in writing or orally.
The giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement.
An information requirement is made of a person and, under section 8AE (5) (a) (i) , requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person’s lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person’s lawyer a disclosure notice does not affect the person’s obligation under section 8AG to comply with the information requirement by giving the information immediately.
If the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request.
s 8AM ins 2016 No. 42 s 28
(sec.8AM-ssec.1) This section applies if a request is made under section 8AL to a relevant officer to give a stated person a disclosure notice.
(sec.8AM-ssec.2) The relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation.
(sec.8AM-ssec.3) The disclosure notice may be given in writing or orally.
(sec.8AM-ssec.4) The giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement. An information requirement is made of a person and, under section 8AE (5) (a) (i) , requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person’s lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person’s lawyer a disclosure notice does not affect the person’s obligation under section 8AG to comply with the information requirement by giving the information immediately.
(sec.8AM-ssec.5) If the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request.
sec.8AN
Person to be informed of relevant matters
sec.8AN Person to be informed of relevant matters
If a disclosure notice is given in writing, the notice must state the relevant matters.
If a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters.
In this section—
relevant matters , in relation to a disclosure notice given to a person (the stated person ), means each of the following—
an emergency situation has been declared to exist;
an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ;
it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse;
it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person—
tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
if the person has, or can reasonably obtain, the correct information—gives the correct information;
it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;
the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of—
either—
for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or
seeking legal advice in relation to the information requirement, including about an offence against this division;
it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse;
the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation;
the name, rank, registered number and station of the police officer giving the disclosure notice;
the contact details of a police officer who may be contacted about the information requirement or disclosure notice;
a stated police officer
a police officer performing a stated function
if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;
a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons;
if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.
s 8AN ins 2016 No. 42 s 28
(sec.8AN-ssec.1) If a disclosure notice is given in writing, the notice must state the relevant matters.
(sec.8AN-ssec.2) If a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters.
(sec.8AN-ssec.3) In this section— relevant matters , in relation to a disclosure notice given to a person (the stated person ), means each of the following— an emergency situation has been declared to exist; an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ; it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse; it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information; it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse; the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of— either— for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or seeking legal advice in relation to the information requirement, including about an offence against this division; it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse; the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation; the name, rank, registered number and station of the police officer giving the disclosure notice; the contact details of a police officer who may be contacted about the information requirement or disclosure notice; a stated police officer a police officer performing a stated function if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose; a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons; if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.
(a) an emergency situation has been declared to exist;
(b) an information requirement has been made of the person mentioned in section 8AL (1) (a) (i) ;
(c) it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse;
(d) it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— (i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
(i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
(ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
(e) it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse;
(f) the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of— (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or (iii) seeking legal advice in relation to the information requirement, including about an offence against this division;
(i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
(A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
(B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
(ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or
(iii) seeking legal advice in relation to the information requirement, including about an offence against this division;
(g) it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse;
(h) the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation;
(i) the name, rank, registered number and station of the police officer giving the disclosure notice;
(j) the contact details of a police officer who may be contacted about the information requirement or disclosure notice; Examples of a police officer who may be contacted about the information requirement or disclosure notice— • a stated police officer • a police officer performing a stated function
• a stated police officer
• a police officer performing a stated function
(k) if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose;
(l) a police officer may give the stated person a written notice under section 8AK , including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons;
(m) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l) , a police officer will inform the stated person when the emergency situation has ended.
(i) tells the police officer to whom the information is given, to the best of the person’s ability, how the document is false or misleading; and
(ii) if the person has, or can reasonably obtain, the correct information—gives the correct information;
(i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
(A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
(B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
(ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or
(iii) seeking legal advice in relation to the information requirement, including about an offence against this division;
(A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or
(B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or
• a stated police officer
• a police officer performing a stated function
sec.8AO
Procedure if disclosure notice is given
sec.8AO Procedure if disclosure notice is given
If a disclosure notice is given under section 8AM (2) , the relevant officer must—
if the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or
if the notice is given orally—tell the person who requested the giving of the notice that the notice has been given.
Also, the relevant officer must, as soon as reasonably practicable after the disclosure notice is given, make a written record under subsection (3) or (4) .
If the disclosure notice is given in writing, the written record must state—
the date and time the notice is given; and
the date and time a copy of the notice is given to the person who requested the giving of the notice.
If the disclosure notice is given orally, the written record must state—
the name of the person to whom the notice is given; and
the date and time the notice is given; and
the date and time the person who requested the giving of the notice is told the notice has been given.
s 8AO ins 2016 No. 42 s 28
(sec.8AO-ssec.1) If a disclosure notice is given under section 8AM (2) , the relevant officer must— if the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or if the notice is given orally—tell the person who requested the giving of the notice that the notice has been given.
(sec.8AO-ssec.2) Also, the relevant officer must, as soon as reasonably practicable after the disclosure notice is given, make a written record under subsection (3) or (4) .
(sec.8AO-ssec.3) If the disclosure notice is given in writing, the written record must state— the date and time the notice is given; and the date and time a copy of the notice is given to the person who requested the giving of the notice.
(sec.8AO-ssec.4) If the disclosure notice is given orally, the written record must state— the name of the person to whom the notice is given; and the date and time the notice is given; and the date and time the person who requested the giving of the notice is told the notice has been given.
(a) if the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or
(b) if the notice is given orally—tell the person who requested the giving of the notice that the notice has been given.
(a) the date and time the notice is given; and
(b) the date and time a copy of the notice is given to the person who requested the giving of the notice.
(a) the name of the person to whom the notice is given; and
(b) the date and time the notice is given; and
(c) the date and time the person who requested the giving of the notice is told the notice has been given.
sec.8AP
Procedure if disclosure notice is refused
sec.8AP Procedure if disclosure notice is refused
This section applies if a relevant officer decides under section 8AM (5) to refuse a person’s request to give a stated person a disclosure notice.
As soon as reasonably practicable after making the decision, the relevant officer must—
inform the person who made the request that—
the request is refused; and
if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and
make a written record of—
the decision to refuse the request; and
the date and time of the decision; and
the grounds forming the basis of the suspicion mentioned in section 8AM (5) .
The information required to be given under subsection (2) (a) may be given orally or in writing.
s 8AP ins 2016 No. 42 s 28
(sec.8AP-ssec.1) This section applies if a relevant officer decides under section 8AM (5) to refuse a person’s request to give a stated person a disclosure notice.
(sec.8AP-ssec.2) As soon as reasonably practicable after making the decision, the relevant officer must— inform the person who made the request that— the request is refused; and if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and make a written record of— the decision to refuse the request; and the date and time of the decision; and the grounds forming the basis of the suspicion mentioned in section 8AM (5) .
(sec.8AP-ssec.3) The information required to be given under subsection (2) (a) may be given orally or in writing.
(a) inform the person who made the request that— (i) the request is refused; and (ii) if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and
(i) the request is refused; and
(ii) if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and
(b) make a written record of— (i) the decision to refuse the request; and (ii) the date and time of the decision; and (iii) the grounds forming the basis of the suspicion mentioned in section 8AM (5) .
(i) the decision to refuse the request; and
(ii) the date and time of the decision; and
(iii) the grounds forming the basis of the suspicion mentioned in section 8AM (5) .
(i) the request is refused; and
(ii) if the stated purpose of the request was a purpose mentioned in section 8AL (3) (a) (iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and
(i) the decision to refuse the request; and
(ii) the date and time of the decision; and
(iii) the grounds forming the basis of the suspicion mentioned in section 8AM (5) .
sec.8AQ
Protection from liability for giving information
sec.8AQ Protection from liability for giving information
This section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person.
This section also applies to a person if—
the person, acting honestly and without negligence, gives information to—
a person of whom an information requirement is made to help the person comply with the requirement; or
a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
when the information is given—
the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or
the person to whom the information is given has been given a notice under section 8AK .
The person is not liable, civilly, criminally or under an administrative process, for giving the information.
Also, merely because the person gives the information, the person can not be held to have—
breached any code of professional etiquette or ethics; or
departed from accepted standards of professional conduct.
Without limiting subsections (3) and (4) —
in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—
does not contravene the Act , oath or rule of law or practice by giving the information; and
is not liable to disciplinary action for giving the information.
s 8AQ ins 2016 No. 42 s 28
(sec.8AQ-ssec.1) This section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person.
(sec.8AQ-ssec.2) This section also applies to a person if— the person, acting honestly and without negligence, gives information to— a person of whom an information requirement is made to help the person comply with the requirement; or a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and when the information is given— the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or the person to whom the information is given has been given a notice under section 8AK .
(sec.8AQ-ssec.3) The person is not liable, civilly, criminally or under an administrative process, for giving the information.
(sec.8AQ-ssec.4) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.
(sec.8AQ-ssec.5) Without limiting subsections (3) and (4) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.
(a) the person, acting honestly and without negligence, gives information to— (i) a person of whom an information requirement is made to help the person comply with the requirement; or (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
(i) a person of whom an information requirement is made to help the person comply with the requirement; or
(ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
(b) when the information is given— (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or (ii) the person to whom the information is given has been given a notice under section 8AK .
(i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or
(ii) the person to whom the information is given has been given a notice under section 8AK .
(i) a person of whom an information requirement is made to help the person comply with the requirement; or
(ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and
(i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or
(ii) the person to whom the information is given has been given a notice under section 8AK .
(a) breached any code of professional etiquette or ethics; or
(b) departed from accepted standards of professional conduct.
(a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
(b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.
(i) does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.
(i) does not contravene the Act , oath or rule of law or practice by giving the information; and
(ii) is not liable to disciplinary action for giving the information.
sec.8AR
Persons to be informed that emergency situation has ended
sec.8AR Persons to be informed that emergency situation has ended
As soon as practicable after the declaration of an emergency situation ends, the emergency commander must ensure each relevant person is informed that—
the emergency situation has ended; and
the relevant person is no longer prohibited from disclosing an information matter to other persons.
Subsection (1) does not apply if, during the period of the emergency situation, the relevant person has been given a notice under section 8AK .
In this section—
relevant person means—
a person of whom an information requirement was made during the period of the emergency situation; or
a person to whom a disclosure notice was given during the period of the emergency situation.
s 8AR ins 2016 No. 42 s 28
(sec.8AR-ssec.1) As soon as practicable after the declaration of an emergency situation ends, the emergency commander must ensure each relevant person is informed that— the emergency situation has ended; and the relevant person is no longer prohibited from disclosing an information matter to other persons.
(sec.8AR-ssec.2) Subsection (1) does not apply if, during the period of the emergency situation, the relevant person has been given a notice under section 8AK .
(sec.8AR-ssec.3) In this section— relevant person means— a person of whom an information requirement was made during the period of the emergency situation; or a person to whom a disclosure notice was given during the period of the emergency situation.
(a) the emergency situation has ended; and
(b) the relevant person is no longer prohibited from disclosing an information matter to other persons.
(a) a person of whom an information requirement was made during the period of the emergency situation; or
(b) a person to whom a disclosure notice was given during the period of the emergency situation.
pt.2-div.4
Extraordinary emergency powers
Extraordinary emergency powers
sec.8AS
Power to authorise exercise of extraordinary emergency powers
sec.8AS Power to authorise exercise of extraordinary emergency powers
This section applies if—
an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and
a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and
the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve—
an explosive; or
a person’s life or safety being seriously endangered by an act of another person; and
the person is being held hostage by the other person
the other person has a weapon and is close to or has access to the person
the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation.
A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon.
An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.
The emergency commander may authorise the exercise, under this subdivision, of stated extraordinary emergency powers in a stated area (the authorisation area ) within the area specified for the emergency situation.
The exercise of the stated extraordinary emergency powers is subject to section 8AZ .
The authorisation area must be the smallest area reasonably necessary to effectively deal with the emergency situation.
Without limiting subsection (2) , an authorisation area may be any description of area surrounding a moving activity.
an area within a stated distance of a stated moving motor vehicle or vessel
an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
s 8AS ins 2017 No. 30 s 35
(sec.8AS-ssec.1) This section applies if— an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— an explosive; or a person’s life or safety being seriously endangered by an act of another person; and the person is being held hostage by the other person the other person has a weapon and is close to or has access to the person the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.
(sec.8AS-ssec.2) The emergency commander may authorise the exercise, under this subdivision, of stated extraordinary emergency powers in a stated area (the authorisation area ) within the area specified for the emergency situation.
(sec.8AS-ssec.3) The exercise of the stated extraordinary emergency powers is subject to section 8AZ .
(sec.8AS-ssec.4) The authorisation area must be the smallest area reasonably necessary to effectively deal with the emergency situation.
(sec.8AS-ssec.5) Without limiting subsection (2) , an authorisation area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
(a) an emergency situation has, under section 5 , been declared to exist in respect of a specified area; and
(b) a terrorist emergency has not, under section 8G , been declared to exist in relation to the emergency situation; and
(c) the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— (i) an explosive; or (ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person
(i) an explosive; or
(ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person
• the person is being held hostage by the other person
• the other person has a weapon and is close to or has access to the person
(d) the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. Examples of complex emergency situations— 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.
1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon.
2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.
(i) an explosive; or
(ii) a person’s life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii) — • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person
• the person is being held hostage by the other person
• the other person has a weapon and is close to or has access to the person
• the person is being held hostage by the other person
• the other person has a weapon and is close to or has access to the person
1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon.
2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building.
• an area within a stated distance of a stated moving motor vehicle or vessel
• an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
sec.8AT
Steps after giving extraordinary emergency authorisation
sec.8AT Steps after giving extraordinary emergency authorisation
As soon as reasonably practicable after giving an extraordinary emergency authorisation for an emergency situation, the emergency commander must—
ensure that a State police officer of at least the rank of assistant commissioner is informed that the authorisation has been given; and
note the following matters on the emergency situation certificate for the emergency situation—
that the authorisation has been given;
the date and time the authorisation was given;
the authorisation area;
the extraordinary emergency powers that may be exercised;
the circumstances relevant to the giving of the authorisation.
s 8AT ins 2017 No. 30 s 35
(a) ensure that a State police officer of at least the rank of assistant commissioner is informed that the authorisation has been given; and
(b) note the following matters on the emergency situation certificate for the emergency situation— (i) that the authorisation has been given; (ii) the date and time the authorisation was given; (iii) the authorisation area; (iv) the extraordinary emergency powers that may be exercised; (v) the circumstances relevant to the giving of the authorisation.
(i) that the authorisation has been given;
(ii) the date and time the authorisation was given;
(iii) the authorisation area;
(iv) the extraordinary emergency powers that may be exercised;
(v) the circumstances relevant to the giving of the authorisation.
(i) that the authorisation has been given;
(ii) the date and time the authorisation was given;
(iii) the authorisation area;
(iv) the extraordinary emergency powers that may be exercised;
(v) the circumstances relevant to the giving of the authorisation.
sec.8AU
Changes to extraordinary emergency authorisation
sec.8AU Changes to extraordinary emergency authorisation
The emergency commander may, at any time, change the authorisation area, or the circumstances relevant to the giving of the extraordinary emergency authorisation, by—
amending the description of the area or circumstances on the emergency situation certificate; and
noting the date and time of the amendment on the emergency situation certificate.
s 8AU ins 2017 No. 30 s 35
(a) amending the description of the area or circumstances on the emergency situation certificate; and
(b) noting the date and time of the amendment on the emergency situation certificate.
sec.8AV
When extraordinary emergency authorisation ends
sec.8AV When extraordinary emergency authorisation ends
An extraordinary emergency authorisation for an emergency situation ends when the first of the following happens—
the authorisation is revoked by the emergency commander;
the declaration made under section 5 for the emergency situation is revoked;
a declaration is made under section 8G that a terrorist emergency exists in relation to the emergency situation.
s 8AV ins 2017 No. 30 s 35
(a) the authorisation is revoked by the emergency commander;
(b) the declaration made under section 5 for the emergency situation is revoked;
(c) a declaration is made under section 8G that a terrorist emergency exists in relation to the emergency situation.
sec.8AW
When extraordinary emergency authorisation must be revoked
sec.8AW When extraordinary emergency authorisation must be revoked
The emergency commander must revoke an extraordinary emergency authorisation for an emergency situation if satisfied that the exercise of each of the extraordinary emergency powers stated in the authorisation is no longer necessary to effectively deal with the emergency situation.
If the emergency commander revokes the extraordinary emergency authorisation, the emergency commander must as soon as reasonably practicable—
note the date and time of the revocation on the emergency situation certificate for the emergency situation; and
inform police officers of the revocation.
s 8AW ins 2017 No. 30 s 35
(sec.8AW-ssec.1) The emergency commander must revoke an extraordinary emergency authorisation for an emergency situation if satisfied that the exercise of each of the extraordinary emergency powers stated in the authorisation is no longer necessary to effectively deal with the emergency situation.
(sec.8AW-ssec.2) If the emergency commander revokes the extraordinary emergency authorisation, the emergency commander must as soon as reasonably practicable— note the date and time of the revocation on the emergency situation certificate for the emergency situation; and inform police officers of the revocation.
(a) note the date and time of the revocation on the emergency situation certificate for the emergency situation; and
(b) inform police officers of the revocation.
sec.8AX
Effect if extraordinary emergency authorisation ends because of terrorist emergency
sec.8AX Effect if extraordinary emergency authorisation ends because of terrorist emergency
This section applies if an extraordinary emergency authorisation for an emergency situation ends under section 8AV (c) because a terrorist emergency has been declared to exist for the emergency situation.
A direction given, or requirement made, in relation to the emergency situation and mentioned in column 1 of the following table continues in effect for the terrorist emergency as if—
the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and
the declared area for the terrorist emergency includes the authorisation area, if it does not already do so.
Column 1
Direction or requirement
Column 2
Section
a direction given under section 8AZA (2)
section 8M (2)
a requirement made under section 8AZC (2)
section 8O (1)
a requirement made under section 8AZC (3)
section 8O (2)
a requirement made under section 8AZE (2)
section 8PAB (2)
Subsection (4) applies if—
an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and
the declared area for the terrorist emergency does not include the authorisation area.
The emergency situation officer may—
continue to exercise the power; and
if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.
A thing seized under section 8AZB (3) in relation to the emergency situation is taken to have been seized under section 8N (3) in relation to the terrorist emergency.
A thing seized under section 8AZE (6) in relation to the emergency situation is taken to have been seized under section 8PAB (6) in relation to the terrorist emergency.
A person’s biometric information taken and kept under section 8AZD in relation to the emergency situation is taken to have been taken and kept under section 8PAA in relation to the terrorist emergency.
s 8AX ins 2017 No. 30 s 35
(sec.8AX-ssec.1) This section applies if an extraordinary emergency authorisation for an emergency situation ends under section 8AV (c) because a terrorist emergency has been declared to exist for the emergency situation.
(sec.8AX-ssec.2) A direction given, or requirement made, in relation to the emergency situation and mentioned in column 1 of the following table continues in effect for the terrorist emergency as if— the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and the declared area for the terrorist emergency includes the authorisation area, if it does not already do so. Column 1 Direction or requirement Column 2 Section a direction given under section 8AZA (2) section 8M (2) a requirement made under section 8AZC (2) section 8O (1) a requirement made under section 8AZC (3) section 8O (2) a requirement made under section 8AZE (2) section 8PAB (2)
(sec.8AX-ssec.3) Subsection (4) applies if— an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and the declared area for the terrorist emergency does not include the authorisation area.
(sec.8AX-ssec.4) The emergency situation officer may— continue to exercise the power; and if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.
(sec.8AX-ssec.5) A thing seized under section 8AZB (3) in relation to the emergency situation is taken to have been seized under section 8N (3) in relation to the terrorist emergency.
(sec.8AX-ssec.6) A thing seized under section 8AZE (6) in relation to the emergency situation is taken to have been seized under section 8PAB (6) in relation to the terrorist emergency.
(sec.8AX-ssec.7) A person’s biometric information taken and kept under section 8AZD in relation to the emergency situation is taken to have been taken and kept under section 8PAA in relation to the terrorist emergency.
(a) the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and
(b) the declared area for the terrorist emergency includes the authorisation area, if it does not already do so.
(a) an emergency situation officer is exercising a power under section 8AZB (2) in relation to a person when the terrorist emergency is declared to exist; and
(b) the declared area for the terrorist emergency does not include the authorisation area.
(a) continue to exercise the power; and
(b) if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB (3) or 8AZE (2) or (6) —exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect.
sec.8AY
Application of subdivision
sec.8AY Application of subdivision
This subdivision applies if an extraordinary emergency authorisation is in effect for an emergency situation.
s 8AY ins 2017 No. 30 s 35
sec.8AZ
Grounds for exercise of power
sec.8AZ Grounds for exercise of power
An emergency situation officer may exercise an extraordinary emergency power stated in the extraordinary emergency authorisation only if—
for a power under section 8AZA (2) —the officer is satisfied that giving a person a direction under that section is necessary—
for the safety of the person or another person; or
to effectively manage the evacuation of the person; or
to effectively receive, identify or assess the person; or
otherwise, to effectively deal with the emergency situation; or
for a power under a section other than section 8AZA (2) —the officer is satisfied the exercise of the power is necessary to effectively deal with the emergency situation.
An emergency situation officer exercising an extraordinary emergency power may use the force that is reasonably necessary.
s 8AZ ins 2017 No. 30 s 35
(sec.8AZ-ssec.1) An emergency situation officer may exercise an extraordinary emergency power stated in the extraordinary emergency authorisation only if— for a power under section 8AZA (2) —the officer is satisfied that giving a person a direction under that section is necessary— for the safety of the person or another person; or to effectively manage the evacuation of the person; or to effectively receive, identify or assess the person; or otherwise, to effectively deal with the emergency situation; or for a power under a section other than section 8AZA (2) —the officer is satisfied the exercise of the power is necessary to effectively deal with the emergency situation.
(sec.8AZ-ssec.2) An emergency situation officer exercising an extraordinary emergency power may use the force that is reasonably necessary.
(a) for a power under section 8AZA (2) —the officer is satisfied that giving a person a direction under that section is necessary— (i) for the safety of the person or another person; or (ii) to effectively manage the evacuation of the person; or (iii) to effectively receive, identify or assess the person; or (iv) otherwise, to effectively deal with the emergency situation; or
(i) for the safety of the person or another person; or
(ii) to effectively manage the evacuation of the person; or
(iii) to effectively receive, identify or assess the person; or
(iv) otherwise, to effectively deal with the emergency situation; or
(b) for a power under a section other than section 8AZA (2) —the officer is satisfied the exercise of the power is necessary to effectively deal with the emergency situation.
(i) for the safety of the person or another person; or
(ii) to effectively manage the evacuation of the person; or
(iii) to effectively receive, identify or assess the person; or
(iv) otherwise, to effectively deal with the emergency situation; or
sec.8AZA
Power to control movement of persons
sec.8AZA Power to control movement of persons
This section applies to a person who is in the authorisation area.
An emergency situation officer may direct the person—
not to enter a stated place in the authorisation area; or
to go to, or stay at or in, a stated place in the authorisation area.
When an emergency situation officer is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8AZ (1) (a) , the officer must ensure the direction is withdrawn.
A person given a direction under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .
A direction given under subsection (2) is not an enforcement act under the Police Powers and Responsibilities Act 2000 .
s 8AZA ins 2017 No. 30 s 35
(sec.8AZA-ssec.1) This section applies to a person who is in the authorisation area.
(sec.8AZA-ssec.2) An emergency situation officer may direct the person— not to enter a stated place in the authorisation area; or to go to, or stay at or in, a stated place in the authorisation area.
(sec.8AZA-ssec.3) When an emergency situation officer is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8AZ (1) (a) , the officer must ensure the direction is withdrawn.
(sec.8AZA-ssec.4) A person given a direction under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .
(sec.8AZA-ssec.5) A direction given under subsection (2) is not an enforcement act under the Police Powers and Responsibilities Act 2000 .
(a) not to enter a stated place in the authorisation area; or
(b) to go to, or stay at or in, a stated place in the authorisation area.
sec.8AZB
Power to search a person without a warrant
sec.8AZB Power to search a person without a warrant
This section applies to a person who is in the authorisation area.
An emergency situation officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the emergency situation.
laptop, mobile phone
The emergency situation officer may seize all or part of a thing if the officer reasonably suspects—
the thing may provide evidence of the commission of an offence; or
the person may use the thing to cause harm to the person or another person.
The Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.
Nothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .
A search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .
s 8AZB ins 2017 No. 30 s 35
(sec.8AZB-ssec.1) This section applies to a person who is in the authorisation area.
(sec.8AZB-ssec.2) An emergency situation officer may, without a warrant, stop, detain and search the person, and anything in the person’s possession, for anything relevant to the emergency situation. laptop, mobile phone
(sec.8AZB-ssec.3) The emergency situation officer may seize all or part of a thing if the officer reasonably suspects— the thing may provide evidence of the commission of an offence; or the person may use the thing to cause harm to the person or another person.
(sec.8AZB-ssec.4) The Police Powers and Responsibilities Act 2000 , chapter 20 , applies as if anything done under subsection (2) or (3) were done under that Act.
(sec.8AZB-ssec.5) Nothing done under this section, other than the search mentioned in subsection (6) , is an enforcement act under the Police Powers and Responsibilities Act 2000 .
(sec.8AZB-ssec.6) A search of a person involving the removal of the person’s clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000 .
(a) the thing may provide evidence of the commission of an offence; or
(b) the person may use the thing to cause harm to the person or another person.
sec.8AZC
Power to require name, address and date of birth
sec.8AZC Power to require name, address and date of birth
This section applies to a person who is in the authorisation area.
An emergency situation officer may require the person to state the person’s correct name, address and date of birth.
Also, an emergency situation officer may require the person to give evidence of the correctness of the stated name, address and date of birth 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, address and date of birth; or
to otherwise be able to give the evidence.
s 8AZC ins 2017 No. 30 s 35
(sec.8AZC-ssec.1) This section applies to a person who is in the authorisation area.
(sec.8AZC-ssec.2) An emergency situation officer may require the person to state the person’s correct name, address and date of birth.
(sec.8AZC-ssec.3) Also, an emergency situation officer may require the person to give evidence of the correctness of the stated name, address and date of birth 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, address and date of birth; or to otherwise be able to give the evidence.
(a) to be in possession of evidence of the correctness of the stated name, address and date of birth; or
(b) to otherwise be able to give the evidence.
sec.8AZD
Power to collect biometric information
sec.8AZD Power to collect biometric information
This section applies to a person who is in the authorisation area.
An emergency situation officer may take and keep a photograph of the person for the purpose of identifying the person.
Subsection (4) applies if—
the person has not complied with a requirement under section 8AZC (2) ; or
the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or
an emergency situation officer reasonably suspects that—
the name, address or date of birth stated by the person is false; or
evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.
An emergency situation officer may, for the purpose of identifying the person or confirming the person’s identity—
electronically take and keep the person’s fingerprints; and
use a biometric system to compare the person’s biometric information with other biometric information stored in the system.
Subsection (6) applies if the commissioner is satisfied that a person’s biometric information taken under this section—
is no longer required for the investigation or prosecution of an offence relating to an emergency; and
is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .
The commissioner must take reasonable steps to destroy the biometric information, and any data about the biometric information, held by the Queensland Police Service.
s 8AZD ins 2017 No. 30 s 35
(sec.8AZD-ssec.1) This section applies to a person who is in the authorisation area.
(sec.8AZD-ssec.2) An emergency situation officer may take and keep a photograph of the person for the purpose of identifying the person.
(sec.8AZD-ssec.3) Subsection (4) applies if— the person has not complied with a requirement under section 8AZC (2) ; or the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or an emergency situation officer reasonably suspects that— the name, address or date of birth stated by the person is false; or evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.
(sec.8AZD-ssec.4) An emergency situation officer may, for the purpose of identifying the person or confirming the person’s identity— electronically take and keep the person’s fingerprints; and use a biometric system to compare the person’s biometric information with other biometric information stored in the system.
(sec.8AZD-ssec.5) Subsection (6) applies if the commissioner is satisfied that a person’s biometric information taken under this section— is no longer required for the investigation or prosecution of an offence relating to an emergency; and is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .
(sec.8AZD-ssec.6) The commissioner must take reasonable steps to destroy the biometric information, and any data about the biometric information, held by the Queensland Police Service.
(a) the person has not complied with a requirement under section 8AZC (2) ; or
(b) the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or
(c) an emergency situation officer reasonably suspects that— (i) the name, address or date of birth stated by the person is false; or (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.
(i) the name, address or date of birth stated by the person is false; or
(ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.
(i) the name, address or date of birth stated by the person is false; or
(ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false.
(a) electronically take and keep the person’s fingerprints; and
(b) use a biometric system to compare the person’s biometric information with other biometric information stored in the system.
(a) is no longer required for the investigation or prosecution of an offence relating to an emergency; and
(b) is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003 .
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Public Safety Preservation Act 1986 .
Section sec.2
s 2 om 15 January 1996 RA s 36
sec.3 Crown bound
sec.3 Crown bound
This Act binds the Crown.
sec.3A Extraterritorial application of Act
sec.3A Extraterritorial application of Act
This Act applies both within and outside Queensland.
This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.
A senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland.
The commissioner or deputy commissioner may, under section 8A —
appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that—
an emergency situation has arisen or is likely to arise in Queensland; and
the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.
A power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland.
A declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity—
may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and
is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.
A declaration under section 8GA of a vehicle or an area surrounding a vehicle—
may be made even if the vehicle or area is outside Queensland at the time of the declaration; and
is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.
Subsections (3) to (7) do not limit subsection (2) .
s 3A ins 2015 No. 27 s 9
amd 2016 No. 42 s 21 ; 2017 No. 30 s 29
(sec.3A-ssec.1) This Act applies both within and outside Queensland.
(sec.3A-ssec.2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.
(sec.3A-ssec.3) A senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland.
(sec.3A-ssec.4) The commissioner or deputy commissioner may, under section 8A — appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— an emergency situation has arisen or is likely to arise in Queensland; and the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.
(sec.3A-ssec.5) A power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland.
(sec.3A-ssec.6) A declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity— may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.
(sec.3A-ssec.7) A declaration under section 8GA of a vehicle or an area surrounding a vehicle— may be made even if the vehicle or area is outside Queensland at the time of the declaration; and is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.
(sec.3A-ssec.8) Subsections (3) to (7) do not limit subsection (2) .
Emergency commander is the senior officer who makes the emergency declaration under section 5. The emergency commander issues the emergency situation certificate and may delegate powers during periods of absence.
Terrorist emergency under Part 2A arises when the commissioner or a deputy commissioner is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise, and that the emergency results from or may result from or lead to one or more terrorist acts (section 8A).
Terrorist emergency commander is appointed by the commissioner or deputy commissioner from appropriately qualified police officers. Until appointment, the commissioner or deputy commissioner holds all terrorist emergency commander powers (section 8A(3)).
Terrorist emergency site is a place (or places) at which the terrorist act or acts occur or may occur. A separate "terrorist emergency forward commander" is appointed for each site.
CBRE commander is the emergency responder who coordinates and commands a CBR emergency under Part 3.
CBR substance (chemical, biological or radiological substance) triggers the Part 3 regime. Section 9 states Parliament's intention that Part 3 powers may only be exercised where a CBR substance is involved and the nature of that substance requires exercise of the additional powers.
Emergency situation certificate must be issued by the emergency commander under section 5(3) as soon as practicable after making a declaration. It must state the nature of the emergency, date and time of the declaration, and the area in respect of which it exists. The commissioner must keep it for at least 6 years.
Resource surrender direction, resource operator direction, help direction are the three types of compulsory directions that may be given to persons under section 8 during an emergency situation. Each carries criminal liability for non-compliance without reasonable excuse (section 8(3): 40 penalty units or 1 year's imprisonment).
Who it affects
Police officers at all levels are the primary actors. The Act confers powers on emergency commanders, terrorist emergency commanders, CBRE commanders, other police acting on instructions, and appropriately qualified officers in delegation positions.
Members of the public in or near a declared emergency area are directly affected. They may be required to evacuate, excluded from premises, directed to surrender property, or directed to assist operations.
Property owners and operators may have their resources commandeered under resource surrender directions. This includes vehicles, vessels, equipment and premises.
Employees directed to comply with resource operator or help directions are protected from dismissal and are entitled to pay for normal working hours during their absence (section 44). Continuity of service is preserved.
Indigenous and other communities in areas subject to emergency declarations are profoundly affected. In Wotton v State of Queensland [2016] FCA 1457, the Federal Court found that the making of an emergency declaration under section 5 covering Palm Island in 2004 and its continuation constituted unlawful racial discrimination under the Racial Discrimination Act 1975 (Cth).
Emergency responders other than police (including inspectors under the Explosives Act 1999, authorised persons under the Environmental Protection Act 1994, and biosecurity officers) may be the subject of CBRE commander directions about how they exercise their own powers during a CBR emergency (section 11).
Key obligations
Section 5: Issuing the emergency situation certificate. The emergency commander must issue the certificate "as soon as practicable" after making the oral declaration. Failure to meet this requirement may affect the legal basis for ongoing powers.
Section 5(3)/(5): Keeping the declaration and revocation records. The declaration continues until revoked. The commissioner must keep the certificate for at least 6 years.
Section 5 (implicit): Continuing satisfaction required for continuation. As found in Wotton at paragraph 1131, for an emergency declaration to remain lawfully in place the commissioned officer must continue to have a state of satisfaction about the circumstances in section 5(1). The use of the present tense in section 5(3) ("exists") reinforces that the declaration is not a one-shot exercise of power but requires ongoing legal justification.
Section 8(3): Compliance with directions. Persons given a resource surrender direction, resource operator direction or help direction must comply unless they have a reasonable excuse. Non-compliance carries a maximum penalty of 40 penalty units or 1 year's imprisonment.
Section 44: Employer obligations. Employers must not dismiss employees absent because of a relevant direction. Employers must pay wages for normal working hours during such absence.
Section 46: Compensation claims. Persons whose property is surrendered or damaged must apply for compensation in writing to the Minister within 28 days (emergency situation or terrorist emergency) or 3 months (CBR emergency) of the declaration ending.
Powers and discretions
Emergency situation (Part 2, section 8). During a declared emergency situation, the emergency commander (and police acting on instructions) may, if satisfied it is necessary:
Direct owners or persons in charge of any resource to surrender it (resource surrender direction);
Take control of any resource;
Direct capable persons to operate a resource under command (resource operator direction);
Direct evacuation and exclusion of persons from premises, using reasonable force;
Close roads, streets, motorways, footways and places to public access;
Enter and search any premises using reasonable force;
Remove any animal or thing from premises;
Direct any person to assist (help direction);
Destroy explosives found in the area (section 8(1)(j), subject to approval requirements in section 8AAA where structural damage is likely).
Terrorist emergency (Part 2A). Additional powers for the terrorist emergency commander and forward commanders include: declaring a terrorist emergency in respect of a site; extending the emergency; establishing a terrorist emergency reception centre (section 8BA); specific powers to control access to and from the site; use of covert surveillance devices (Part 3B).
CBR emergency (Part 3). The CBRE commander has coordination responsibility and general powers over the emergency area, including directing other emergency responders when to exercise their own statutory powers. The CBRE commander may: declare a CBR emergency; direct evacuation; control access; direct testing and monitoring of persons for exposure to CBR substances; authorise detention of persons to prevent spread of CBR substances.
Delegation. The emergency commander may delegate functions (including the power to sub-delegate) to appropriately qualified police officers while not acting as emergency commander. However, the power to issue the emergency situation certificate, or to make revocation notations, cannot be delegated (section 7(3)).
Compensation discretion. Under section 46(4), the Governor in Council may approve an ex gratia payment or reject a compensation application. There is no right to compensation, only a right to apply. The Governor in Council has full discretion.
Penalties and enforcement
The Act's penalty provisions are relatively limited in scope. The main criminal obligations on members of the public arise from section 8(3) (failure to comply with resource directions without reasonable excuse: 40 penalty units or 1 year's imprisonment) and from section 44(1) (dismissal of employee because of relevant direction: 40 penalty units or 1 year's imprisonment).
Persons who knowingly hinder emergency responders or interfere with emergency operations would be exposed to broader criminal liability under the Criminal Code Act 1899 (Qld).
Police and emergency commanders acting under a lawfully declared emergency have immunity for acts done in good faith. However, unlawful exercise of emergency powers does not create immunity. In Wotton [2016] FCA 1457, the court found that the making of the declaration was lawful but its continuation past 26 November 2004 was not, and that both the making and continuation constituted unlawful racial discrimination under the RDA. That finding illustrates that the procedural lawfulness of a declaration does not insulate the decision-maker from liability under other laws.
Process and timelines
Making an emergency declaration (section 5): Oral declaration at the time of the emergency by the emergency commander; written certificate issued as soon as practicable thereafter. The certificate documents the nature, date, time and area.
Continuation: The declaration continues until revoked. The emergency commander, or another senior officer if unavailable, must revoke. Post-revocation, the date and time of revocation must be noted on the certificate.
Terrorist emergency: The commissioner or deputy commissioner appoints a terrorist emergency commander. The commander may declare a terrorist emergency in respect of one or more sites. There are time limits and extension procedures for the terrorist emergency declaration.
CBR emergency: The CBRE commander may declare, extend and end the emergency. Division 2 of Part 3 sets out the declaring, extending and ending procedures.
Compensation claims: Must be filed in writing within 28 days (emergency situation or terrorist emergency) or 3 months (CBR emergency) of the relevant declaration ending. The Governor in Council then decides.
Certificate retention: The commissioner must keep the emergency situation certificate for at least 6 years (section 5(6)).
Interactions with other law
Disaster Management Act 2003 (Qld). Section 6 of the PSPA requires the emergency commander to revoke an emergency situation declaration when a disaster situation is declared under the Disaster Management Act, unless the emergency commander believes on reasonable grounds that continuation is necessary. The two regimes interact: a Disaster Management Act declaration can trigger the revocation obligation under this Act.
Racial Discrimination Act 1975 (Cth). In Wotton [2016] FCA 1457, the Federal Court considered whether the making and continuation of an emergency declaration under section 5 constituted an act involving a distinction or restriction based on race, contrary to section 9(1) of the RDA. The court found it did (paragraph 1477). The case confirms that emergency powers exercised in a racially discriminatory manner are subject to Commonwealth law.
Police Powers and Responsibilities Act 2000 (Qld). Section 11(1)(c) of the PSPA preserves police powers under the PPRA. CBRE commanders may direct police officers about when to exercise PPRA powers during a CBR emergency.
Environmental Protection Act 1994 (Qld) and Explosives Act 1999 (Qld). Section 11(1) preserves powers of inspectors under those Acts during a CBR emergency. The CBRE commander may give directions about their use.
Biosecurity Act 2014 (Qld). Section 11(1) preserves biosecurity officer powers. The CBRE commander may direct biosecurity officers to delay exercising powers if a CBR emergency involves an outbreak of animal disease.
Workers' Compensation and Rehabilitation Act 2003 (Qld). Under section 45, persons (not police) acting under a resource operator or help direction are taken to be employed by the Commissioner of Police for workers' compensation purposes.
Acts Interpretation Act 1954 (Qld). The delegation provisions in section 7 operate in accordance with section 27A of the Acts Interpretation Act, including requirements for written delegation instruments and sub-delegation records.
Gotchas
Emergency declarations do not create blanket immunity. As Wotton makes clear, declaring an emergency under section 5 does not protect the decision-maker from liability under other laws, particularly where the declaration is applied or maintained in a racially discriminatory manner.
Continuing satisfaction is required. A lawful declaration does not remain lawful simply because it was properly made initially. The emergency commander must continue to have reasonable grounds for satisfaction that the emergency situation exists. If the grounds cease to exist, the declaration must be revoked. Continuing an expired declaration unlawfully can lead to legal liability for all actions taken under it.
Certificate is mandatory. Section 5(3) requires the emergency commander to issue a certificate as soon as practicable after the declaration. Failure to issue the certificate, or gaps between the oral declaration and the written certificate, may create challenges to the lawfulness of actions taken in the interim.
Compensation is discretionary and strictly time-limited. Section 46 provides only for ex gratia payment at the discretion of the Governor in Council. There is no right to compensation. Claims must be made within 28 days (emergency/terrorist) or 3 months (CBR) of the declaration ending. Late claims are not received.
Directions cannot expose persons to imminent danger. Section 8(2) expressly prohibits the emergency commander from giving a resource operator direction or help direction if doing so would expose the person to imminent danger. Giving such a direction, and injury resulting, would expose the State to civil liability.
Non-delegable functions. The emergency commander cannot delegate the function to issue the emergency situation certificate or to make revocation notations (section 7(3)). These acts must be done personally by the relevant officer.
Extraterritorial effect. The Act applies outside Queensland and declarations may cover areas outside Queensland. This means the powers in the Act can be exercised over resources, premises and persons outside the State.
Practical examples
Industrial accident in Brisbane. A chemical plant has an explosion releasing a cloud of toxic gas. A senior police officer (emergency commander) is satisfied on reasonable grounds that an emergency situation exists in the surrounding suburb. The officer verbally declares an emergency and issues a certificate. Under section 8, the commander can direct residents to evacuate, close all streets leading into the affected area, commandeer buses and vehicles for evacuation, and direct capable drivers to operate those vehicles. Residents must comply or risk a criminal penalty.
Palm Island riots 2004. Following unrest on Palm Island, a commissioned police officer made an emergency declaration under the pre-2007 version of section 5. The Federal Court in Wotton found: the making of the declaration was lawful; the continuation past 26 November 2004 was not lawful; both the making and continuation constituted unlawful racial discrimination under the RDA because the particular combination of police conduct in the preceding period and the deployment of SERT targeted Aboriginal residents based on their race. The case illustrates that procedural correctness in making a declaration does not insulate the decision-maker from liability under Commonwealth anti-discrimination law.
Terrorist threat at a stadium. The commissioner appoints a terrorist emergency commander for a stadium where a credible bomb threat has been received. The commander declares a terrorist emergency. The terrorist emergency forward commander for the site may control access, direct evacuation, and authorise surveillance devices under Part 3B. When the threat is neutralised, the declaration must be revoked. Property owners whose vehicles were commandeered may apply for compensation under section 46 within 28 days.
Employee directed to assist. A bus driver is directed under a resource operator direction to drive a commandeered bus during a CBR emergency. The driver is absent from their regular employment. Under section 44, the employer cannot dismiss them, their employment continuity is preserved, and they are entitled to wages for the normal hours worked.
(a) appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— (i) an emergency situation has arisen or is likely to arise in Queensland; and (ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
(i) an emergency situation has arisen or is likely to arise in Queensland; and
(ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
(b) appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland.
(i) an emergency situation has arisen or is likely to arise in Queensland; and
(ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or
(a) may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and
(b) is not affected if the area moves outside Queensland while the declaration or authorisation is in effect.
(a) may be made even if the vehicle or area is outside Queensland at the time of the declaration; and
(b) is not affected if the vehicle or area moves outside Queensland while the declaration is in effect.
sec.4 Definitions
sec.4 Definitions
The dictionary in the schedule defines particular words used in this Act.
s 4 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 4 (1)
Note—s 4 previously contained definitions for this Act. Definitions are now located in the schedule (Dictionary).
sec.4A Relationship with another declaration under another Act
sec.4A Relationship with another declaration under another Act
This Act does not prevent a person from declaring a state of disaster or another emergency under another Act.
The existence of another declaration under another Act does not prevent the making of a declaration, or the exercise of powers, under this Act.
Disaster Management Act 2003
s 4A ins 2003 No. 46 s 5
sub 2007 No. 34 s 9
(sec.4A-ssec.1) This Act does not prevent a person from declaring a state of disaster or another emergency under another Act.
(sec.4A-ssec.2) The existence of another declaration under another Act does not prevent the making of a declaration, or the exercise of powers, under this Act. Disaster Management Act 2003
pt.2 Emergency situation
Emergency situation
pt.2-div.1 Declarations and delegations
Declarations and delegations
sec.5 Declaration of emergency situation
sec.5 Declaration of emergency situation
Subject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer.
Without limiting subsection (1) , the specified area may be any description of area surrounding a moving activity.
an area within a stated distance of a stated moving motor vehicle or vessel
an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating—
that an emergency situation has been declared to exist; and
the nature of the emergency situation; and
the date and time the emergency situation was declared to exist; and
the area in respect of which the emergency situation exists.
The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer.
The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate.
The commissioner must keep the emergency situation certificate for at least 6 years.
s 5 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 6 ; 2007 No. 34 ss 10 , 7 sch ; 2010 No. 40 s 44 ; 2016 No. 42 ss 23 , 70 sch 1 ; 2017 No. 30 s 30
(sec.5-ssec.1) Subject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer.
(sec.5-ssec.2) Without limiting subsection (1) , the specified area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
(sec.5-ssec.3) As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating— that an emergency situation has been declared to exist; and the nature of the emergency situation; and the date and time the emergency situation was declared to exist; and the area in respect of which the emergency situation exists.
(sec.5-ssec.4) The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer.
(sec.5-ssec.5) The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate.
(sec.5-ssec.6) The commissioner must keep the emergency situation certificate for at least 6 years.
• an area within a stated distance of a stated moving motor vehicle or vessel
• an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way
(a) that an emergency situation has been declared to exist; and
(b) the nature of the emergency situation; and
(c) the date and time the emergency situation was declared to exist; and
(d) the area in respect of which the emergency situation exists.
sec.6 Effect of declaration under Disaster Management Act 2003
sec.6 Effect of declaration under Disaster Management Act 2003
A declaration under section 5 in force when a disaster situation is declared under the Disaster Management Act 2003 must be revoked by the emergency commander or, if the emergency commander is unavailable, by another senior officer, unless the emergency commander or other senior officer believes on reasonable grounds that it is necessary for the declaration under section 5 to remain in force.
s 6 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 19 s 3 sch ; 2003 No. 91 s 175 sch 1 ; 2007 No. 34 s 7 sch
sub 2010 No. 40 s 45
amd 2017 No. 30 s 31
sec.7 Delegation of power for particular periods
sec.7 Delegation of power for particular periods
This section only applies for any period for which the emergency commander is not acting as the emergency commander.
The emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.
The power to delegate does not include the power to delegate the function to—
issue an emergency situation certificate; or
make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
In this section—
functions includes powers.
s 7 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 7
sub 2007 No. 34 s 11
amd 2016 No. 42 s 24 ; 2017 No. 30 s 32
(sec.7-ssec.1) This section only applies for any period for which the emergency commander is not acting as the emergency commander.
(sec.7-ssec.2) The emergency commander may delegate the commander’s functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer.
(sec.7-ssec.3) The power to delegate does not include the power to delegate the function to— issue an emergency situation certificate; or make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
(sec.7-ssec.4) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
(sec.7-ssec.5) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
(sec.7-ssec.6) In this section— functions includes powers.
(a) issue an emergency situation certificate; or
(b) make a note under section 5 (5) , 8AT (b) or 8AW (2) (a) on an emergency situation certificate.
sec.7A Delegation of power to require information
sec.7A Delegation of power to require information
The emergency commander may delegate the power conferred under section 8AE to an appropriately qualified police officer, including the power to subdelegate that power to another appropriately qualified police officer.
For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
s 7A ins 2016 No. 42 s 25
(sec.7A-ssec.1) The emergency commander may delegate the power conferred under section 8AE to an appropriately qualified police officer, including the power to subdelegate that power to another appropriately qualified police officer.
(sec.7A-ssec.2) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954 , section 27A (3) and a statement outlining any revocation of the delegation.
(sec.7A-ssec.3) Without limiting the Acts Interpretation Act 1954 , section 27A , if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends.
pt.2-div.2 Powers for area in which emergency situation exists
Powers for area in which emergency situ
This is an opening excerpt, not the complete document.