QLDIn ForceAct
Public Safety Preservation Act 1986
sec.8AFPerson to be informed of relevant matters
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### 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