Section 390H — Police Powers and Responsibilities Act 2000 (Queensland) — Barrister AI

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Section 390H — Police Powers and Responsibilities Act 2000 (Queensland) — Barrister AI

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s 1Short title s 2Commencement s 3Dictionary s 4Notes in text s 5Purposes of Act s 6Act binds all persons s 7Compliance with Act by police officers s 8Act does not affect certain principles s 9Act does not affect constable’s common law powers etc.s 10Act does not affect court’s common law discretion to exclude evidence or stay criminal proceedings s 11Inconsistency s 12Relationship to other Acts s 13Appointment of police officers as public officials for other Acts s 14Declaration of police officers as public officials s 15Authorising provisions of other Acts apply subject to ss 13–14 s 16Helping public officials exercise powers under other Acts s 17Steps police officer may take for failure to give name and address etc. to public official s 18Steps police officer may take for obstruction of public official s 19General power to enter to make inquiries, investigations or serve documents s 20What is a reasonable time to stay on a place s 21General power to enter to arrest or detain someone or enforce warrant s 21APower to enter residence of reportable offender s 21BPower to demand production of and inspect digital devices in possession of reportable offender s 21CMagistrate may make device inspection order for reportable offender s 21DOffence to contravene requirement to produce digital device s 22Power to enter etc. for relevant laws s 23What is a reasonable time for entry etc. for a relevant law s 24Requirement by a police officer for a relevant law s 25Power to demand production of licence etc. for weapons s 26Roadblocks s 27Procedure for establishing roadblocks s 28Record of roadblock to be made s 29Searching persons without warrant s 30Prescribed circumstances for searching persons without warrant s 31Searching vehicles without warrant s 32Prescribed circumstances for searching vehicle without warrant s 33Searching public places without warrant s 34Definitions for pt 3 s 35Use of detection dogs in particular places s 36Police officers and detection dogs may enter and remain on particular places s 37Reasonable suspicion may be based on indication of detection dog s 38Protection from liability for acts done by detection dogs s 39Effect of part on use of detection dogs under search warrants s 39AAPurpose of part s 39ADefinitions for part s 39BMeaning of public transport station s 39BAUse of hand held scanner without warrant in relevant places s 39CAuthorisation by senior police officer s 39DForm and effect of hand held scanner authority s 39EAuthorised use of hand held scanner without warrant in stated public places s 39F s 39FA s 39FB s 39FC s 39GRequirements if hand held scanner indicates metal s 39HSafeguards for exercise of powers s 39I s 39J s 39KEffect of part on power to search person without warrant s 39L s 40Person may be required to state name and address s 41Prescribed circumstances for requiring name and address s 41APower to require identifying particulars of person for official warning for consorting s 42Power for age-related offences and for particular motor vehicle related purposes s 43Unlawful supply of smoking products to minors s 43AUnlawful sale of controlled items or spray paint to minors s 43AAUnlawful sale of controlled vehicle to child under 16 s 43BPower to require date of birth of person for official warning for consorting s 44Application of pt 5 s 45Part does not apply to authorised public assemblies s 46When power applies to behaviour s 47When power applies to a person’s presence s 48Direction may be given to person s 49 s 50Dealing with breach of the peace s 51Prevention of riot s 52Prevention of offences—general s 53Prevention of particular offences relating to liquor s 53ASeizure of liquor from a minor in particular circumstances s 53AASeizure and disposal of dangerous attachment devices s 53BEntry powers for vehicles referred to in ss 53 and 53A Part 6A — Prevention of criminal consorting s 53BAADefinitions for part s 53BABPart does not apply to child s 53BACPolice powers for giving official warning for consorting s 53BADEffect of official warning for consorting s 53BAEPrevention of consorting with recognised offender s 53BAAdditional powers s 53BBWhat is an out-of-control event s 53BCWhat is out-of-control conduct s 53BDOther definitions for pt 7 s 53BEAuthorisation by senior police officer s 53BFUse of powers only if authorised s 53BGTaking action for out-of-control event s 53BHOrganising an out-of-control event s 53BICausing an out-of-control event s 53BJOffence to contravene direction s 53BKCosts order—adult s 53BLCosts order—child s 53BMCosts order—parent of child offender s 53BNCosts orders and other sentencing s 53BOOther police powers not affected s 53BPDetaining intoxicated persons s 53BQTransporting detained persons s 53CApplication of corresponding HVNL(Q) penalty amounts s 54Power of inquiry into road use contraventions s 55Power to require information about identity of drivers of vehicles etc.s 56Additional power of inquiry for relevant vehicle incidents s 57Power of entry for ss 54–56 s 58Production of driver licence s 59Power for regulating vehicular and pedestrian traffic s 59AA s 59HA s 59IA s 60Stopping vehicles for prescribed purposes s 61Power to require vehicles to be moved s 62Requirement to remain at a place s 63Power to inspect vehicles s 64Power to enter vehicles etc. other than for vehicle inspection s 65Power to require vehicle inspections s 66Power to prohibit use of vehicles s 67Power to prohibit persons driving s 68Power to enable effective and safe exercise of other powers s 69Definitions for ch 4 s 69AMeaning of type 1 and type 2 vehicle related offences s 70References to motor vehicle includes motorbike s 70A s 71When a person is charged for this chapter in relation to a prescribed offence s 71AWhen a charge for an offence for this chapter is taken to not be decided if a proceeding for the offence is started by infringement notice s 72Punishment under this chapter is in addition to other punishment for the same offence s 73National Credit Code s 73A s 74Impounding motor vehicles for first type 1 vehicle related offence s 74AImpounding motor vehicles for second or subsequent type 1 vehicle related offence s 74BForfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence s 74CImpounding motor vehicles for second or subsequent type 2 vehicle related offence s 74DImpounding motor vehicles for third or subsequent type 2 vehicle related offence s 74EImpounding motor vehicles for fourth or subsequent type 2 vehicle related offence s 74FForfeiture of motor vehicles if driver found guilty of fourth or subsequent type 2 vehicle related offence s 74GPurpose of div 1B s 74HPower to remove and confiscate number plates s 74IMoving motor vehicle to which number plate confiscation notice is attached s 74JPower to attach immobilising device s 74KPower to require motor vehicle to be produced s 74LPeriod of impoundment or immobilisation starts only when motor vehicle produced s 74MVehicle production notices generally s 75Particular powers for impounding or immobilising motor vehicles s 76Release of motor vehicle in particular circumstances s 77Police officer may authorise tow s 78Impounding notice or immobilising notice for vehicle related offence s 79Definitions for div 2 s 79AApplication for release of impounded or immobilised motor vehicle on basis of severe hardship s 79BDecision on application for release of impounded or immobilised motor vehicle on basis of severe hardship s 79CApplication for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent s 79DDecision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent s 79EApplication for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified s 79FDecision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified s 79GApplication for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable s 79HDecision on application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable s 79IImpoundment or immobilisation ends if application for release of motor vehicle granted s 79JWho may appeal s 79KHow to start appeal s 79LEffect of appeal on decision s 79MCommissioner has right of appearance s 79NHearing procedures s 79OPowers of Magistrates Court s 79PPower to take certain action if breach of condition s 79QDelegation—commissioner s 80Impounding motorbike for motorbike noise direction offence or motorbike noise order offence s 81Impounding notice for motorbike noise direction offence or motorbike noise order offence s 81A s 81B s 82Content of notice for motorbike noise direction offence s 83Content of notice for first motorbike noise order offence s 84Content of notice for second or subsequent motorbike noise order offence s 85 s 85A s 86Application for impounding order for motorbike noise order offence s 87 s 87A s 88Orders on application for impounding order if motorbike noise order offence not decided s 89Advice to owner of motorbike of date of hearing s 90 s 90A s 91Application for forfeiture order for motorbike noise order offence s 92 s 92A s 93Orders on application for forfeiture order if motorbike noise order offence not decided s 94Advice to owner of motorbike of date of hearing s 95Where application is to be decided s 96 s 96A s 97When application to be heard—motorbike noise order offence s 98 s 99 s 99A s 99B s 100Consideration of application for impounding order s 101Consideration of application for forfeiture order s 102Community service instead of impounding or forfeiture order s 103Costs order for child drivers s 104Application of applied sections for s 103 s 105Offence to remove vehicle from holding yard s 105AFailure to comply with requirement to produce motor vehicle s 105BOffence to operate vehicle during number plate confiscation period s 105COffence to remove, tamper with or modify number plate confiscation notice s 105CAOffence to modify, sell or dispose of motor vehicle during number plate confiscation period s 105DOffence to tamper with, remove or modify immobilising device s 105EOffence to operate motor vehicle if immobilising device unlawfully removed, tampered with or modified s 105FOffence to breach condition made on release of motor vehicle s 106Offence to modify, sell or dispose of motorbike before application decided s 106AOffence to modify, sell or dispose of motor vehicle subject to vehicle production notice s 107Defence in relation to motorbike noise order offences s 108Counting the occasions—general s 108AReferences to previous occasions in ss 74A, 74B, 74C, 74D, 74E, 74F and 91 s 108BMatters for decisions under ss 74A, 74B, 74C, 74D, 74E, 74F and 101 s 109Appeal s 110Powers for enforcing court order s 111State’s liability to pay costs of impounding or immobilisation s 112Liability to pay costs of impounding or immobilisation—adult driver s 113Liability to pay costs of impounding or immobilisation—child driver s 114Payment of costs if motor vehicle not recovered s 115Registration of costs under State Penalties Enforcement Act 1999 s 116Release of motor vehicle impounded or immobilised under this chapter s 117Release of motor vehicle if driver found not guilty etc.s 118Sale of motor vehicle if not recovered after impounding ends s 118ASale of impounded motor vehicle if driver fails to appear s 119Voluntary transfer of ownership of motor vehicle to State s 120Disposal of forfeited motor vehicle s 121Application of proceeds of sale s 121ACompensation for disposal of motor vehicle if driver found not guilty etc.s 122Protection from liability s 123Third party protection relating to forfeiture s 123ADefinitions for chapter s 123ABWays notice may be given s 123BRelationship to National Credit Code s 123CSeizure of prohibited bike on road, on road-related area or in public place s 123DParticular powers for seizing prohibited bike—attended seizure s 123EParticular powers for seizing prohibited bike—unattended seizure s 123EAParticular powers and steps for dealing with personal property—unattended seizure s 123FSteps after seizing prohibited bike s 123FAGrounds for release of seized vehicle s 123GRelease application s 123HDeciding application s 123IDefinitions for part s 123JReview process must start with internal review s 123KWho may apply for internal review s 123LRequirements for application s 123MInternal review s 123NApplying for external review s 123ONotice of external review application s 123PForfeiture of prohibited bikes s 123QDisposal of forfeited vehicles s 123RApplication of proceeds of sale s 123SLiability for costs s 123TLimitation of review s 123UEvidentiary provision s 123VProtection from liability s 123WProtection for persons exercising power under chapter s 123XDelegation—commissioner s 123Y s 123Z s 123ZA s 123ZB s 123ZC s 123ZD s 123ZE s 123ZF s 123ZG s 123ZH s 123ZI s 123ZJ s 123ZK s 123ZL s 123ZM s 123ZN s 123ZO s 123ZP s 123ZQ s 123ZR s 123ZS s 123ZT s 123ZU s 123ZV s 123ZW s 123ZX s 123ZY s 123ZZ s 123ZZA s 123ZZB s 123ZZC s 123ZZD s 123ZZE s 123ZZF s 124AADefinitions for pt 1 s 124Removal of vehicle or load or other thing s 125Prescribed circumstances for s 124 s 125ARecovering moving and seizure expenses in particular circumstances s 126Steps after seizing a vehicle, load or other thing s 127Disposal of seized or moved vehicle, load or other thing s 128Application of proceeds of sale s 128AImmediate disposal in particular circumstances s 128BProtection for persons exercising power under ch 5 s 129Police officer may authorise tow after seizure under any Act s 130Definition for ch 6 s 131Power of inquiry into road use contraventions involving an animal s 132Power to require information about identity of person in charge of animal s 133Power of entry for ss 131–132 s 134Power for regulating animal traffic s 135Stopping animals for prescribed purposes s 136Power to enable effective and safe exercise of other powers s 137Removal of animals from roads and other places s 138Prescribed circumstances for removing animals s 139Steps after seizing animal s 140Recovery of seized animal s 141Application of proceeds of sale s 142Application of pt 5 s 143Power to give animal welfare direction s 144Requirements for giving animal welfare direction s 145Review and appeal for animal welfare direction s 146Power in relation to offences involving animals s 147Powers to provide relief to animal s 148Power to destroy animal s 149Offence to interfere with seized animals s 149ADefinitions for chapter s 150AA s 150Search warrant application s 151Issue of search warrant s 152If justice refuses application for search warrant s 153Order in search warrant about documents s 154Order in search warrant about device information from digital device s 154AOrder after digital device has been seized s 154BCompliance with order about device information from digital device s 155When search warrant ends s 156What search warrant must state s 157Powers under search warrant s 158Copy of search warrant to be given to occupier s 159Application of pt 2 s 160Search to prevent loss of evidence s 161Post-search approval s 162Making of post-search approval order s 163Appeal s 163ADefinitions for part s 163BWhat is a crime scene s 164Gaining access to crime scenes s 165Initial establishment of crime scene s 166Responsibility after establishing crime scene s 167Deciding limits of crime scene s 168Restricting access to crime scene s 169Preserving evidence at crime scene s 170Application for crime scene warrant s 171Consideration of application and issue of crime scene warrant s 172What crime scene warrant must state s 172A s 173Duration, extension and review of crime scene warrant s 174Review of crime scene warrant s 175Copy of crime scene warrant to be given to occupier s 176Powers at crime scene s 177Powers of direction etc. at crime scene s 178Exercise of crime scene powers in public place s 178AOrder about digital device at or seized from a crime scene s 178BCompliance with order about device information from digital device s 179Alternative accommodation to be provided in some cases s 179ADefinitions for part s 179BWho is a missing person s 179CWhen a missing person is high-risk s 179DEstablishing missing person scene s 179EAuthorisation if, as a matter of urgency, it is necessary to establish missing person scene before obtaining missing person warrant s 179FResponsibility after establishing missing person scene before obtaining missing person warrant s 179GDeciding limits of missing person scene s 179HRestricting access to missing person scene s 179IWhen place stops being missing person scene s 179JApplying for missing person warrant s 179KConsidering application and issuing missing person warrant s 179LWhat missing person warrant must state s 179MDuration, extension and review of missing person warrant s 179NReview of missing person warrant s 179OCopy of missing person warrant to be given to occupier s 179PPowers at missing person scene s 179QPowers of direction etc. at missing person scene s 179RExercising missing person powers to be electronically recorded s 179SAlternative accommodation to be provided in some cases s 180Production notices s 181Issue of production notice s 182Copy of production notice to be given to cash dealer s 183Procedural requirements—production notice s 184Power under production notice s 185If cash dealer claims documents contain privileged communications s 186Making of access order s 187Provisions about access order s 188Application of pt 5 s 189Production order applications s 190Making of production orders s 191What production order must state s 192Powers under production order s 193Variation of production order s 194Offence to contravene production order s 195Effect of compliance with production order s 195A s 195B s 195C s 195D s 195E s 195F s 195G s 195H s 195I s 195J s 195K s 195L s 196Power to seize evidence generally s 197Power to remove property unlawfully on a place s 197ADefinitions for pt 7 s 197BGiving notice to financial institution s 197CProtection from suits etc. in relation to action taken s 197DFinancial institution to comply with notice s 197EAccessing information stored electronically on smartcard transport authorities s 198Meaning of financial institution for ch 8 s 199Monitoring order applications s 200Making of monitoring order s 201What monitoring order must state s 202When period stated in monitoring order starts s 203Offence to contravene monitoring order s 204Existence and operation of monitoring order not to be disclosed s 205Suspension order application s 206Making of suspension order s 207What suspension order must state s 208When period stated in suspension order starts s 209Contravention of suspension order s 210Existence and operation of suspension order not to be disclosed s 211Meaning of terrorist act and terrorism s 212Covert search warrant applications s 213Who may be present at consideration of application s 214Consideration of application s 215Issue of covert search warrant s 216What covert search warrant must state s 217Duration and extension of covert search warrant s 218Restriction about records and access to covert search warrant applications s 219Powers under covert search warrant s 220Report on covert search s 221Object of ch 10 s 221ADefinitions for chapter s 222Relationship to other laws and matters s 223Lawfulness of particular actions s 224Authorised controlled activities s 224AAuthorised ancillary conduct for a controlled activity s 225Protection from liability—police officers s 225AProtection from liability—civilian participant in authorised ancillary activity s 226Admissibility of evidence obtained through controlled activities or ancillary conduct s 227Evidentiary provision s 228Purposes of ch 11 s 229Definitions for ch 11 s 230Relationship to other laws and matters s 231When a controlled operation is conducted in this jurisdiction s 232Establishment of controlled operations committee s 233Independent member s 234Acting independent member s 235Committee functions s 236Committee business s 237Committee recommendations s 238Protection for committee members s 239Application for authority to conduct controlled operation s 240Application must be referred to committee s 241Particular CCC controlled operations s 242Procedure in urgent circumstances other than if s 241 applies s 243Deciding application s 244Matters to be taken into account s 245Form of authority s 246Duration of authority s 247Variation of authority s 248Application for variation of authority s 249Variation must be referred to committee s 250Particular CCC controlled operations s 251Procedure in urgent circumstances other than if s 250 applies s 252Deciding the application to vary the authority s 253Way to vary authority s 254Form of variation of authority s 255Cancellation of authority s 256Effect of authority s 257Defect in authority s 258Protection from criminal responsibility for controlled conduct during authorised operations s 259Indemnification of participants against civil liability s 260Effect of ss 258–259 on other laws relating to criminal investigation s 261Effect of being unaware of variation or cancellation of authority s 262Protection from criminal responsibility for particular ancillary conduct s 263Compensation for property loss or serious damage s 264Notification requirements s 265Recognition of corresponding authorities s 266Unauthorised disclosure of information s 267Principal law enforcement officer’s reports s 268Chief executive officers’ reports s 269Annual report by report entity s 270Keeping documents connected with authorised operations s 271General register s 272Inspection of records s 273Delegation generally s 274Delegation—commissioner s 275Delegation—CCC chairperson s 276Delegations—ACC s 277Evidence of authorities s 278Purpose of ch 12 s 279How purpose is achieved s 280Definitions for ch 12 s 281Relationship to other laws and matters s 282Application for authority to acquire or use assumed identity s 283Deciding application s 284Form of authority s 285Period of authority s 286Variation or cancellation of authority s 287Review of authority s 288Approval for creation of birth certificate for assumed identity s 289Order authorising creation of birth certificate for assumed identity under corresponding authority s 290Giving effect to birth certificate approval s 291Destruction of birth certificate created under s 290 s 292Cancelling authority affecting entry in participating jurisdiction’s register of births, deaths or marriages s 293Restriction about records and access to application for authority to create birth certificate s 294Request for evidence of assumed identity s 295Government issuing agency to comply with request s 296Non-government issuing agency may comply with request s 297Cancelling evidence of assumed identity s 298Protection from criminal responsibility—officer of issuing agency s 299Indemnity for issuing agency and officers in relation to creation of birth certificates s 300Indemnity for issuing agency and officers in relation to other evidence of assumed identities s 301Protection from criminal responsibility for particular ancillary conduct s 302Assumed identity may be acquired and used s 303Protection from criminal responsibility—authorised person s 304Indemnity for authorised person s 305Particular qualifications s 306Effect of being unaware of variation or cancellation of authority s 307Request to participating jurisdiction for evidence of assumed identity s 308Request from participating jurisdiction for evidence of assumed identity s 309Direction from participating jurisdiction to cancel evidence of assumed identity s 310Indemnity for issuing agency and officer s 311Application of ch 12 to corresponding authority s 312Misuse of assumed identity s 313Disclosing information about assumed identity s 314Report about authorities for assumed identities etc.s 315Record keeping s 316Audit of records s 317Delegation generally s 318Delegation—commissioner s 318A s 318B s 318C s 318D s 318E s 318F s 319Delegation—CCC chairperson s 320Delegation—ACC s 321Purposes of ch 13 s 322Definitions for ch 13 s 323Meaning of relevant offence s 324When an investigation is conducted in this jurisdiction s 324AReferences to installation of surveillance device s 325Relationship to other laws and matters s 326Types of warrant s 327Who may issue warrants s 328Application for surveillance device warrant s 329Who may be present at consideration of application s 330Deciding application s 331What must a surveillance device warrant contain s 332What a surveillance device warrant authorises s 332ASurveillance device warrant authorises use of existing device s 333Extension and variation of surveillance device warrant s 334Revocation of surveillance device warrant s 335Discontinuance of use of surveillance device under warrant s 336Application for retrieval warrant s 337Who may be present at consideration of application s 338Deciding application s 339What must a retrieval warrant contain s 340What a retrieval warrant authorises s 341Revocation of retrieval warrant s 342Discontinuance of retrieval warrant s 343Emergency authorisation—risk of serious personal violence or substantial property damage s 343AEmergency authorisation authorises use of existing device s 344Application for approval after use of surveillance device under emergency authorisation s 345Who may be present at consideration of application s 346Consideration of application s 347Judge may approve emergency use of powers s 348Admissibility of evidence s 348APower to give tracking device authorisation s 348BTracking device authorisation authorises use of existing device s 348CRecord of tracking device authorisation s 348DWhen tracking device authorisation ends s 348EExtension of tracking device authorisation s 349Corresponding warrants s 350Corresponding emergency authorisations s 351Definitions for div 1 s 352Prohibition on communication or publication of protected information s 353Permitted use of protected information s 354Dealing with records and reports obtained by use of surveillance devices s 355Protection of surveillance device technologies and methods s 356Protected information in the custody of a court s 357Report to judge or magistrate s 358Annual reports s 359Keeping documents connected with warrants and authorisations s 360Other records to be kept s 361Register of warrants and authorisations s 362Inspection of records s 363Report on inspection s 364Evidentiary certificates s 365Arrest without warrant s 365AArrest without warrant upon instruction of another police officer s 366Arrest of escapees etc.s 367Arrest of person granted bail s 368Arrest of person given notice to appear or summons s 369Arrest under warrant s 370Arrest warrant application s 371Issue of arrest warrant s 372What arrest warrant must state s 373Compliance with limitation of proceedings s 374Power of arrest for offences committed outside the State s 375Effect of release under pt 4 s 376When arrest may be discontinued—general rule s 377Additional case when arrest of adult may be discontinued s 378 s 378AApplication of division s 378BMeaning of minor drugs offence s 378CDrug diversion warning s 379Initial drug diversion assessment program s 379AASubsequent drug diversion assessment program s 379ABDrug diversion agreement s 379AAdditional case when arrest for graffiti offence may be discontinued s 380When arrest of child may be discontinued s 381Limit on rearrest s 382Notice to appear may be issued for offence s 383Notice to appear must be served discreetly on a child s 384Notice to appear form s 385Filing of notice to appear s 386General particulars only are required on a notice to appear s 387Particulars of notice to appear offence must be given in the proceeding s 388Notice to appear equivalent to a complaint and summons s 389Court may order immediate arrest of person who fails to appear s 390Court must strike out notice to appear if service insufficient s 390A s 390B s 390C s 390D s 390E s 390F s 390G s 390H s 390I s 390J s 390K s 390L s 390M s 390MA s 390N s 390O s 390P s 391Information to be given to arrested person s 392Parent and particular chief executives to be advised of arrest or service of notice to appear s 393Duty of police officer after arrest etc. of person s 394Duty of police officer receiving custody of person arrested for offence s 395Duty of officer receiving custody of person arrested under warrant other than for offence s 396Chapter does not apply to covert operations s 397Right to remain silent not affected s 398Application of pt 2 s 399Application for removal of person from lawful custody in prison or detention centre s 400Chief executive must be advised of application for removal order s 401When magistrate may make removal order s 402What removal order must state s 403Initial period of detention for investigation or questioning s 404What is a reasonable time to detain a person for questioning or investigation s 405Application for extension of detention period s 406When detention period may be extended s 407What order must state s 408Use of time out during extended detention period s 409Effect of unforeseen delays on detention s 410Effect of another arrest on questioning period s 411When does detention period start for offenders arrested outside Queensland s 411ADefinitions for division s 411BApplication for police assistance removal order s 411CConsent of relevant person required s 411DMaking, and effect, of police assistance removal order s 411EWhat police assistance removal order must state s 411FAssistance period s 411GApplication for extension of assistance period s 411HFurther consent of relevant person required s 411IWhen assistance period may be extended s 411JWithdrawal of consent s 412When person detained may be taken to a place other than a police establishment or police station s 413Persons helping in covert investigations not under arrest s 414Part applies only to indictable offences s 415When does this part apply to a person s 416Questioning generally s 417Questioning of person after proceeding started s 418Right to communicate with friend, relative or lawyer s 419Speaking to and presence of friend, relative or lawyer s 420Questioning of Aboriginal peoples and Torres Strait Islander peoples s 421Questioning of children s 422Questioning of persons with impaired capacity s 423Questioning of intoxicated persons s 424What is unreasonable interference for divs 2–3 s 425Requirements before excluding persons unreasonably interfering with questioning s 426If police officer excludes person from questioning s 427Application of div 5 s 428When is a person unable to properly perform the role of a support person s 429Police officer may exclude support person from questioning s 430If police officer excludes support person from questioning of relevant person s 431Cautioning of persons s 432Provision of information relating to a relevant person s 433Right to interpreter s 434Right of visiting foreign national to communicate with embassy etc.s 435Rights of a person to be electronically recorded s 436Recording of questioning etc.s 437Requirements for written record of confession or admission s 438Access to electronic recordings of questioning etc.s 439Admissibility of records of questioning etc.s 440List of support persons and interpreters s 441When sections 418–422, 432 and 434 do not apply s 442Application of ch 16 s 443Police officer may search person in custody s 444Powers relating to thing taken from person taken to place of safety s 445Who are qualified persons s 446Limitation on forensic procedures that dentist may perform s 447When forensic procedures are authorised s 448What pt 2 provides s 449General rules about asking for consent s 450Special requirement for child of at least 14 s 451Special requirement for child under 14 s 452Special requirement for person with impaired capacity s 453Consent must be informed consent s 454General requirements for giving informed forensic procedure consent s 455Recording consent s 456Qualified person may perform forensic procedure s 457Application of pt 3 s 458Application for forensic procedure order s 459Notice of application must ordinarily be given s 460When notice of application need not be given etc.s 461Making forensic procedure order s 462What forensic procedure order must state s 463When forensic procedure order ends s 464Powers for enforcing forensic procedure order s 465Order must be given before forensic procedure is performed s 466Qualified person may perform forensic procedure s 467Taking identifying particulars of person in custody s 468Taking identifying particulars—proceeding started by notice to appear or complaint and summons s 469Application of div 2 s 470Identifying particulars notice may be given s 471Court may order taking of identifying particulars s 472Detention for taking identifying particulars s 473Who may take identifying particulars s 474Destruction of identifying particulars s 475Taking DNA sample by doctor or nurse s 476Commissioner may authorise police officers to take DNA samples s 477Where DNA sample may be taken s 478How DNA samples may be taken s 479Use of DNA analysis of DNA sample taken from child under 14 s 480Taking DNA sample from person with impaired capacity s 481Taking DNA sample if proceeding started or continued against an adult by arrest, notice to appear or complaint and summons etc.s 482DNA sample notice s 483Requirements for DNA sample notice s 484Taking DNA sample from adult before court s 485Taking DNA sample after finding of guilt s 486Detention for taking DNA sample s 487Taking DNA sample from transferred prisoner s 488Taking DNA sample from child s 488ATaking DNA sample from reportable offender for Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004 s 488BCommissioner may enter into DNA arrangement s 489Power to analyse etc. DNA samples s 490When DNA sample taken from suspected person and results must be destroyed s 490AModified destruction timeframes—DNA samples taken between 13 June 2022 and 13 June 2025 s 490AAModified destruction timeframes—DNA samples taken between 14 June 2025 and 14 June 2027 s 490BModified powers and destruction requirements for review of particular DNA samples s 491State DNA database s 492Transmitting information to the ACC s 493Use of QDNA or ACC database s 494Limitation on use of results of DNA analysis s 495Application of pt 6 s 496Definition for pt 6 s 497Commissioner may authorise police officer to perform non-medical examinations s 498Examination if proceeding started against adult by arrest, notice to appear or complaint and summons s 499Non-medical examination notice s 500Requirements for non-medical examination notice s 501Application of pt 7 s 502When forensic examiner may be asked to perform forensic procedure s 503What person must be told before forensic examiner performs a forensic procedure s 504Arrangements for attendance of independent person s 505Speaking to and presence of independent person s 506Absence of independent person does not affect lawfulness of custody etc.s 507When police officer may exclude independent person s 508Action by police officer if independent person excluded s 509Doctor’s powers s 509AForensic nurse examiner’s powers s 510Dentist’s powers s 511Samples and results of analysis to be given to person s 512Right to interpreter s 513Power to analyse samples s 514Order for person who fails to comply with reporting notice s 515Detention for performing forensic procedure s 516General power for performing forensic procedure s 517Help with, and use of force for, performing forensic procedure s 518General power to require further attendance s 519Protecting the dignity of person in performing a non-intimate forensic procedure s 519AGender safeguard for photographing breasts s 520Effect of withdrawal of consent s 521Powers under this part are additional to other powers s 522Definitions for pt 9 s 523Arrangements with the Commonwealth and other States s 524Registration of orders s 525Effect of registration s 526Unlawful supply of destroyable DNA sample s 527Unlawful supply of DNA sample s 528Unlawful use of stored information s 529Unlawful matching of DNA analysis results s 530Unlawful recording of identifying information on QDNA s 531Unlawful retention of results of DNA analysis in QDNA s 532Unlawful disclosure of information s 533Ministerial arrangements s 534Application of other laws s 535Forensic material lawfully obtained in another jurisdiction s 536Evidentiary provision s 537Purpose of ch 18 s 538Application of ch 18 s 539Public Records Act 2023 does not apply to this chapter s 540Application for order for blood and urine testing of person s 541Notice to be given of application for disease test order for child s 542Disease test order s 543What disease test order must state s 544Appeal against disease test order s 545Taking blood and urine samples s 546Analysis of blood and urine samples s 547Restriction on disclosure of results of analysis s 548Certain evidence inadmissible s 548APurposes of ch 18A s 548BInterpretation provision for ch 18A s 548CPerson suspected of committing relevant assault offence s 548DPerson arrested for relevant assault offence s 548EApplication of s 80 s 548FRelationship with other provisions and Acts s 548G s 548H s 548I s 548J s 548K s 548L s 548M s 548N s 548O s 548P s 548Q s 548R s 548S s 548T s 548U s 549Meaning of state building s 550Power to require name and address and reason for entry s 551Use of electronic screening devices s 552Power to inspect entrant’s belongings s 553General safeguards for inspection of entrant’s belongings s 553AGender safeguard for inspection of entrant’s belongings s 554Direction to leave state building s 555Power of police officers to search person or vehicle without warrant not affected s 556Seizure of proscribed thing s 557Refusal of entry to and removal from state building s 558Detention of entrants by protective services officers s 559Protective services officer must produce identity card unless in uniform s 560Relationship with other powers s 561 s 562 s 563 s 564 s 565 s 566 s 567 s 568 s 569 s 570 s 571 s 572 s 573 s 574 s 575 s 576Application of pt 3 s 577Complaint about noise s 578How to decide what is excessive noise—noise emitted from a place s 579How to decide what is excessive noise—noise emitted by motorbike driven on a place that is not a road s 580How to decide what is excessive noise—noise emitted in other particular circumstances s 581Powers of police officer to deal with excessive noise s 582Compliance with noise abatement direction s 583Additional powers of police officers on later investigation s 584Offence to interfere with locked etc. property s 585Recovery of seized property s 586Recovery of costs of seizure etc.s 587General powers and role of community police officers s 588Power to require answers to questions s 589Noise abatement order—application for order s 590Noise abatement order—making the order s 591Noise abatement order—appeal against order s 592Behaviour in moveable dwelling park causing serious nuisance s 593Power to enter moveable dwellings s 594Initial direction about serious nuisance s 595Direction to leave park s 596Entry of place on suspicion of death or injury s 597Powers for reportable deaths s 598Restricting entry to place to allow investigation s 599Coroner’s search warrant s 600Dealing with seized things s 601Power to require information s 602Use of evidence obtained under Coroners Acts s 602ADefinitions for pt 5A s 602BWhat is a police banning notice s 602CPolice officer may give initial police banning notice s 602DDuration of initial police banning notice s 602ENotice to be explained s 602FExtended police banning notice s 602GHow police banning notices may be given s 602HForm of notice s 602IWritten record for notices s 602JActions not prohibited by notice s 602JACancellation of police banning notices by police officers s 602KAmendment or cancellation if court banning order made s 602LProcedure if police banning notice amended or cancelled s 602MEffect of cancellation of notice s 602NInternal review for police banning notices s 602OCommissioner’s decision about notices s 602PReview by QCAT s 602QOffence to contravene notice s 602RDefinitions for pt 5B s 602SPower to detain and photograph s 602TAttaching image to a banning order s 602UDistribution of imaged order or police banning notice s 602VCommissioner to destroy image s 602WOther persons who must destroy imaged order or police banning notice s 603Power to seize potentially harmful things s 604Dealing with persons affected by potentially harmful things s 605Duties in relation to person detained under s 604 s 606 s 607 s 608 s 609Entry of place to prevent offence, injury or domestic violence s 609AUse of body-worn cameras s 610Police actions after domestic violence order, police protection direction, police protection notice or release conditions are made s 611Attendance at rental premises while person or property is removed s 612Assistance in exercising powers s 613Protection for assistants from liability s 614Power to use force—exercise of certain powers s 615Power to use force against individuals—police officers s 615APower to use force against individuals—protective services officers s 616Power to use force against individuals in critical situations s 617Identification of suspects s 618Power to examine seized things s 619Extent of power to examine seized things s 619A s 619B s 619C s 619D s 619E s 619F s 619G s 619H s 619I s 619J s 619K s 619L s 619M s 619N s 619O s 619P s 619Q s 620Chapter does not apply to covert operations s 621Application of pt 2 s 622Receipt for seized property s 623Right to inspect seized documents s 624General provision about searches of persons s 624AGender safeguard for searches of persons s 625Taking a person to another place for search s 626Limitation on period of detention for search s 627General provision about searches of vehicles s 628Dealing with persons who obstruct search of person or vehicle s 629Removal of clothing for search s 630Protecting the dignity of persons during search s 631Special requirements for searching children and persons with impaired capacity s 632If video cameras monitor place where person is searched s 633Safeguards for oral directions or requirements—police officers s 633ASafeguards for oral directions or requirements—protective services officers s 634Safeguards for declared offences under Summary Offences Act 2005 s 635Use of force likely to cause damage to enter places s 636Giving notice of damage s 637Supplying police officer’s details s 638Record of execution of warrant or order s 639Control of persons in watch-houses s 640Transfer of persons in watch-houses s 641Functions of watch-house officers s 642Power to require reasons for entry to watch-houses s 643Use of electronic screening devices in watch-houses s 644Watch-house officer may ask entrant to remove outer garment etc.s 644AGender safeguard for inspection of entrant’s belongings s 645Direction by watch-house officer to leave watch-house s 646Seizure of proscribed things s 647Refusal of entry to and removal from watch-house s 648Watch-house officer may require person to state name and address s 649Watch-house officer may search person in custody at watch-house s 650Watch-house officer may take identifying particulars of person at watch-house s 651Commissioner may authorise watch-house officer to take DNA samples of person at watch-house s 652Power to use force against individual at watch-house s 653Power to use force—transfer etc. of person in custody to or from holding place s 654Search of persons s 655Property seized during search etc.s 655AOffence to assault or obstruct watch-house officer s 656Giving directions and making requirements s 657Making entries in registers s 658Responsibilities code s 659Custody continues while person in custody is being transferred or escorted by watch-house officer s 660Application of pt 2 s 661Purpose and explanation of pt 2 s 662Application of div 2 s 663Public Records Act 2023 does not apply to this division s 664Register of covert acts s 665Application of sdiv 2 s 666Information to be recorded in register for sdiv 2 s 667Application of sdiv 3 s 668Information to be included in register for surveillance device warrants and retrieval warrants s 669Information to be included in register for emergency authorisations s 669AInformation to be included in register for tracking device authorisations s 670Information to be included in register for controlled operations s 671Who must record information relating to covert search warrants in register s 672Which register to be used s 673Who may inspect police service register s 674Who may inspect CCC’s register s 675Other authorised inspections s 676General restrictions on inspections by monitor s 677Application of div 3 s 678Register of enforcement acts s 679Who must record information in register s 680Which register to be used s 681Persons to be given copy of information in register s 682Restriction on disclosure of certain information s 683Application of div 4 s 684Information to be given to ACC s 685Correcting registers s 686Application of pt 3 s 687Object of pt 3 s 687A s 688Responsibilities of police officer or protective services officer taking possession of relevant thing s 689Particular provision about handling animals in the possession of the police service s 690Forfeiture in particular cases s 691Return of relevant things s 692Application by owner etc. for return of relevant thing s 693Application by owner etc. for court order for return of relevant thing s 694Application by police officer for order if ownership dispute s 695Application for order in relation to seized things s 696Orders issuer may make in relation to seized thing s 697Cost recovery for animal held in possession of police service s 698Voluntary surrender of animal to State s 699Appeal if letter of demand given under s 697 s 700Deciding appeal s 701Disposal of seized things at end of proceeding s 702Commissioner to decide way of destruction or disposal s 703Application of div 3 s 704Definition for div 3 s 705Destruction of drug matter soon after it is seized etc.s 705ADisposal of things used for administering etc. dangerous drugs s 706Steps police officer must take before destroying drug matter under s 705 s 707Alternative to destruction if drug matter is thing used in the commission of a drug offence s 708Application of sdiv 3 s 709Definitions for sdiv 3 s 710Destruction notice may be given to person s 711What destruction notice must state s 712Making sample of drug matter available s 713When drug matter may be destroyed s 714Disposal of weapons s 715What is the appointed day for disposal of weapons under s 714 s 715AADisposal of proscribed things s 715ABWhat is the appointed day for disposal of proscribed thing under s 715AA s 715ACommissioner may authorise police officers to destroy explosives s 715BDestruction of explosives s 716Perishable things s 717Application of div 6 s 718Order for forfeiture of particular relevant things s 719Order for forfeiture of relevant things connected with offences s 720Application of div 7 s 721Dealing with forfeited things s 722Ministerial arrangements for transmission and return of seized things s 723Commissioner may make arrangements s 724Evidentiary provision about particular things in the possession of the police service s 724AEvidentiary provision about explosives s 725Object of pt 4 s 726Definitions for pt 4 s 726A s 727Appointment and qualifications s 728Appointment conditions s 729Issue of identity card s 730Resignation s 731Return of identity card s 732Function and powers of drug control officer s 733Keeping dangerous drug for use in police service training s 734Making commissioner direction s 735Entering into agency arrangement s 736Requirements for keeping of dangerous drugs for training purposes s 737Register of dangerous drugs for training s 738Information to be recorded in the register of dangerous drugs for training s 739Restriction on release of information from register of dangerous drugs for training s 740Public interest monitor s 741Acting monitor s 742Monitor’s functions s 743Monitor’s annual report s 744Secrecy s 745Protection from liability s 745AExtraterritorial application of chapter s 745BDefinitions for chapter s 745CAuthorised officers s 745DRemoval notice s 745ECivil penalty order s 745FFailure to provide procedural fairness does not affect validity s 745GService of documents s 746Purpose of chapter s 747Definitions for chapter s 748Giving a direction for ch 22 s 749What is a warning light for ch 22 s 750When a person is charged for this chapter in relation to an evasion offence if proceeding for the offence is started by notice to appear or arrest s 751Impounding or forfeiture of motor vehicle is in addition to other punishment s 752Interaction between ch 4 and this chapter s 753Relationship with National Credit Code s 754Evasion offence s 754AProceedings for particular offences against s 754 s 755When type 1 vehicle related offence notice may be given to owner of motor vehicle involved in offence s 755AInformation to be stated in statutory declaration responding to type 1 vehicle related offence notice s 756Who may be prosecuted for type 1 vehicle related offence if no response to type 1 vehicle related offence notice s 757Evidentiary provision s 758Application for impounding order for evasion offence s 759Application for forfeiture order for evasion offence s 760Orders on application for impounding order if evasion offence not decided s 761Orders on application for forfeiture order if evasion offence not decided s 762Advice to owner of date of hearing s 763Where application is to be decided s 764When application to be heard s 765Consideration of application for impounding order s 766Consideration of application for forfeiture order s 767Community service instead of impounding or forfeiture order s 768Costs order if child found guilty of evasion offence s 769Application of applied sections for s 768 s 770Motor vehicle not to be sold etc. before application is decided s 771Offence to remove motor vehicle impounded under court order s 772Defence s 773Counting the occasions s 774Appeal s 775Powers for enforcing court order s 776Duties of police officer after impounding or seizing motor vehicle s 777Police officer may authorise tow s 778Liability to pay costs of impounding—adult driver s 779Liability to pay costs—child driver s 780Payment of costs if motor vehicle not recovered s 781Registration of costs under State Penalties Enforcement Act 1999 s 782Release of motor vehicle impounded under court order s 783Sale of motor vehicle if not recovered after impounding ends s 784Voluntary transfer of ownership of motor vehicle to State s 785Disposal of forfeited motor vehicle s 786Application of proceeds of sale s 787Protection from liability s 788Third party protection from forfeiture order s 789Review s 789AAApplication for forced muster order s 789ABAffidavit to accompany application s 789ACPolice officer wishing to give evidence at hearing s 789ADWhen order may be made s 789AEContent of order s 789AFCosts s 789AGFacilities at place of muster to be made available s 789AHCompensation for damage s 789AIFrustrating order or obstructing person acting under order s 789APower to demand production of working with children card s 789BPower to demand production of disability worker clearance card s 789CApplication of part s 789DDefinitions for part s 789EServing documents by electronic communication s 789FWhen service by electronic communication is effected s 789GConsent for service by electronic communication s 789HMatters relating to consent for service by electronic communication s 789IConsent applies to related documents s 789JWithdrawal of consent etc.s 789KRecord of explanation, consent and unique electronic address s 789LEvidentiary provision s 789MApproved method for electronically signing documents s 789NPolice officers may electronically sign documents s 790Offence to assault or obstruct police officer s 791Offence to contravene direction or requirement of police officer s 791AOffence to assault or obstruct protective services officer s 791BOffence to contravene direction or requirement of protective services officer s 792Performance of duty—police officers s 792APerformance of duty—protective services officers s 792BMeaning of place of safety s 793Helping at fire or hazardous materials emergency s 794Helping coroner investigate a death s 795Disposal of clothing of deceased person s 796Helping courts, etc.s 797Helping during declaration of emergency under Corrective Services Act 2006 s 798Service and enforcement of process s 799Provisions restricting starting of proceeding s 800Obtaining warrants, orders and authorities, etc., by telephone or similar facility s 801Steps after issue of prescribed authority s 802Presumption about exercise of powers under prescribed authority s 803Protection of methodologies s 804Compensation s 805 s 806Approved forms s 807Review of Act s 808 s 808AAnnual report about use of device production and inspection powers s 808BAnnual report about dangerous attachment devices s 808CAnnual report to include information about hand held scanners s 808DDesignated business and community precincts s 809Regulation-making power s 810Renumbering of Act s 811Acts repealed s 812Definitions for div 1 s 813Transitional provision about warrants, orders and notices s 814Transitional provision about noise abatement s 815Transitional provision about nuisance in moveable dwelling parks s 816Transitional provisions about registers of covert and enforcement acts s 817Transitional provision about entries in registers s 818Transitional provision about public interest monitor s 819Definitions for pt 3 s 820Identifying particulars s 821Medical and dental procedures s 822DNA procedures s 823Police officers authorised to take DNA samples s 824Taking of certain DNA samples s 825QDNA s 826Certain arrangements made by Minister s 827Provision for ch 11, pt 3 s 828Vagrants, Gaming and Other Offences Act 1931 s 829Definitions for pt 5 s 830Transitional provision for controlled activities s 831Definitions for div 3 s 832Transitional provisions about committee membership s 833Transitional provisions about committee business s 834Transitional provisions for police service controlled operation approvals s 835Transitional provisions for CMC controlled operation approvals s 836Transitional provision for pre-commencement day recommendations s 837Transitional provisions for police service covert operatives s 838Transitional provisions for CMC covert operatives s 839Authorities for identity documents that are birth certificates s 840Identity documents other than birth certificates s 841Definitions for div 5 s 842Transitional provisions for existing police service surveillance devices s 843Transitional provisions for protection of records s 844Transitional provision for use and disclosure of information obtained from using surveillance devices s 845Transitional provisions for existing CMC surveillance devices s 846Transitional provisions for protection of records s 847Transitional provisions for use and disclosure of information obtained from using surveillance devices s 848 s 849Definitions for pt 6 s 850Existing proceedings s 851Existing impoundments s 852Existing orders s 853Existing references s 854Particular evidentiary certificates under s 318ZZB s 855Effect of declaration under s 608 s 856Transitional provision for former s 432 s 857Controlled activities s 858 s 859Declaratory provision about renumbering s 860References to provisions in s 861 s 861Effect of particular amendments s 862Costs of impoundment s 863Existing references s 864 s 865Reference to particular offences s 869 s 870Definitions for pt 13 s 871Two type 1 vehicle related offences committed before commencement s 872One type 1 vehicle related offence committed before commencement and another type 1 vehicle related offence committed after commencement s 873Different kinds of type 2 vehicle related offences committed before and after commencement s 874Type 2 vehicle related offences of same kind committed before and after commencement s 875Existing applications for impounding order applications s 876Existing applications for forfeiture order applications s 877Application of amendments about confiscation related evidence etc.s 878ACC database s 879Review relating to high-risk missing persons s 880Evasion offence notices given before commencement s 881Definitions for part s 882Contraventions of bail conditions before commencement s 883Children arrested or served with notices to appear before commencement s 884Definitions for part s 885Particular applications or orders made before commencement s 886Declaratory provision about effect of amending Act s 887Saving of operation of s 390P s 889Continuation of particular matters after expiry of ch 18B s 890Existing police banning notices s 891Investigation of type 1 vehicle related offence alleged to have been committed before commencement s 892Proceedings for offences against repealed Act s 893Definition for part s 894Refined limitations on controlled operations does not affect past operations s 895Validation of giving of particular extended police banning notices s 896Continued application of former ss 378 and 394 s 897Continued application of former ss 604 and 605 s 898Validation for particular DNA samples affected by modifying sections s 899Validation of watch-house entrant inspections s 900Validation of orders made under s 154A s 901Monitor’s annual report for particular financial year Schedule 1 — Acts not affected by this Act Schedule 2 — Relevant offences for controlled operations and surveillance device warrants Schedule 3 — Relevant offences for chapter 13 disclosure of information provisions Schedule 5 — Additional controlled activity offences Schedule 5A — Prescribed documents for service by electronic communication Schedule 6 — Dictionary

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390H

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