Queensland: Police Powers and Responsibilities Act 2000 (Qld)

Police Powers and Responsibilities Act 2000 An Act about the powers and responsibilities of police officers, and for other purposes Chapter 1 Preliminary Part 1 General 1 Short title This Act may be cited as the Police Powers and Responsibilities Act 2000. 2 Commencement (1) This Act, other than sections 379, 373, 374, 375, 376 and 377 and schedules 2 and 3, commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first. (2) Sections 373, 374, 375, 376 and 377 and schedule 2 commence on the date of assent. (3) Section 379 and schedule 3 commence on a day to be fixed by proclamation. 3 Dictionary The dictionary in schedule 6 defines words used in this Act. 4 Notes in text A note in the text of this Act is part of this Act. 5 Purposes of Act The purposes of this Act are as follows— (a) to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law; (b) to provide powers necessary for effective modern policing and law enforcement; (c) to provide consistency in the nature and extent of the powers and responsibilities of police officers; (d) to standardise the way the powers and responsibilities of police officers are to be exercised; (e) to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act; (f) to enable the public to better understand the nature and extent of the powers and responsibilities of police officers; (g) to provide for the forced muster of stray stock. 6 Act binds all persons (1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence. 7 Compliance with Act by police officers (1) It is Parliament's intention that police officers should comply with this Act in exercising powers and performing responsibilities under it. (2) For ensuring compliance with Parliament's intention, a police officer who contravenes this Act may be dealt with as provided by law. Examples— 1 A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling. 2 A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990. 3 A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001. 4 A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code, section 355. 8 Act does not affect certain principles (1) This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer's duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion. (2) Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders. Part 2 Effect of Act on other laws 9 Act does not affect constable's common law powers etc. Unless this Act otherwise provides, this Act does not affect— (a) the powers, obligations and liabilities a constable has at common law; or (b) the powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property. 10 Act does not affect court's common law discretion to exclude evidence or stay criminal proceedings This Act does not affect the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion or stay the proceeding in the interests of justice. 11 Inconsistency (1) The object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities. (2) This section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer. (3) To the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary. (4) This section applies subject to section 12. 12 Relationship to other Acts (1) This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1. Example— A police officer who has entered a place under section 609 may, under the Public Health Act 2005, section 157B, take a person to a treatment or care place within the meaning of chapter 4A of that Act. (2) However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1. Example— It may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place. (3) Also, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised. Part 3 Appointment as, and helping, public officials Division 1 Provisions about appointments 13 Appointment of police officers as public officials for other Acts (1) This section applies if— (a) an Act (authorising law) authorises someone (appointer) to appoint public officials for giving effect to the authorising law; and (b) a police officer may be appointed as a public official under the authorising law. (2) Despite the authorising law, the appointer may appoint a police officer as a public official for the authorising law only with the commissioner's written approval to the proposed appointment. (3) The commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed— (a) has the necessary experience or expertise to be a public official for the authorising law; or (b) has satisfactorily completed a course of training approved by the commissioner. (4) A police officer may exercise powers as a public official under an authorising law only if and to the extent the commissioner approves the police officer's appointment under this section. (5) If, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law. 14 Declaration of police officers as public officials (1) This section applies if, under an express provision of an Act (authorising law), a police officer is a public official. (2) Despite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers. (3) The commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer— (a) has the necessary experience or expertise to be a public official for the authorising law; or (b) has satisfactorily completed a course of training approved by the commissioner. Example for subsection (3)— The commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad. 15 Authorising provisions of other Acts apply subject to ss 13 – 14 A provision of another Act that expressly or impliedly authorises the appointment of a police officer as a public official or authorises a police officer to perform the functions of a public official applies subject to sections 13 and 14. Division 2 Helping public officials 16 Helping public officials exercise powers under other Acts (1) This section applies if an Act (authorising law) authorises a public official to perform functions in relation to a person or thing. (2) However, this section only applies to a police officer who is not a public official for the authorising law. (3) If a public official asks, a police officer may help the public official perform the public official's functions under the authorising law. (4) Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law. (5) If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official's absence is reasonably necessary in the particular circumstances. (6) The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has. (7) Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act. 17 Steps police officer may take for failure to give name and address etc. to public official (1) This section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person's name and address or date of birth has failed to comply with the requirement. (2) The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse. (3) If the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2, part 4, require the person to state the following— (a) the person's name and address; (b) the person's date of birth. Note— See section 791 (Offence to contravene direction or requirement of police officer). (4) This section does not apply if the public official is a police officer. 18 Steps police officer may take for obstruction of public official (1) This section applies if a public official claims to have been obstructed by a person in the exercise of the public official's powers and a police officer reasonably suspects the obstruction has happened. (2) The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse. (3) If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct. (4) This section does not apply if the public official is a police officer. Chapter 2 General enforcement powers Part 1 Entry, inquiries and inspection 19 General power to enter to make inquiries, investigations or serve documents (1) The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass. (2) However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority. Note— See, for example, the Disaster Management Act 2003, section 111. (3) A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter. Examples for subsection (3)— 1 The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place. 2 The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place. 3 The entry may be for finding out if a missing person is in the place. (4) Also, a police officer may enter and stay for a reasonable time on a place to serve a document. (5) However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling. (6) Also, the police officer may only use minimal force to enter the place. Example for subsection (6)— turning a door handle to open an unlocked door and opening the door 20 What is a reasonable time to stay on a place (1) What is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances. (2) If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service— (a) ask questions of anyone present at the place; (b) make any reasonable investigation or observation. Note— For the functions of the police service, see the Police Service Administration Act 1990, section 2.3 (Functions of service). (3) If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law. 21 General power to enter to arrest or detain someone or enforce warrant (1) A police officer may enter a place and stay for a reasonable time on the place— (a) to arrest a person without warrant; or (b) to arrest a person named in a warrant; or (c) to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or (d) to detain a person who may be detained under an order made under section 471, 484, 485, 488 or 514; or (e) to detain a person under another Act. Note— See section 635 (Use of force likely to cause damage to enter places) for relevant safeguards. (2) If the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling. (3) If the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person. (4) A police officer who enters a place under this section may search the place for the person. (5) In this section— arrest, a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment. 21A Power to enter residence of reportable offender (1) A police officer may, at any time, enter premises where a reportable offender generally resides— (a) to verify the offender's personal details reported by the offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or (b) to carry out an inspection under section 21B. (2) In this section— generally reside, for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5. personal details, of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5. premises, for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender. 21B Power to demand production of and inspect digital devices in possession of reportable offender (1) This section applies in relation to a reportable offender if— (a) in the last 3 months, the reportable offender was— (i) released from government detention; or (ii) sentenced to a supervision order; or (b) the reportable offender has been convicted of a device inspection offence; or (c) a device inspection order is made for the reportable offender under section 21C. (2) A police officer may— (a) require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender's possession; and (b) inspect a digital device in the reportable offender's possession. (3) However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1)(b)— (a) unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 68(4); or (b) if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months. (4) For subsection (3)(b), each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection. (5) In this section— device inspection offence means— (a) an offence against any of the following provisions of the Criminal Code— • section 218A • section 228DA • section 228DB; or (b) an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device— • section 218B • section 228B • section 228C • section 228D • section 229B; or (c) an offence against any of the following provisions of the Criminal Code (Cwlth)— • section 474.22 • section 474.23 • section 474.23A • section 474.25A • section 474.25C • section 474.26 • section 474.27 • section 474.27AA • section 474.27A; or (d) an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device— • section 271.4 • section 271.7 • section 273.6 • section 273.7; or (e) an offence against either of the following provisions of the Criminal Code (Cwlth), as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)— • section 474.19 • section 474.20; or (f) an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a), (b), (c), (d) or (e). digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5. electronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information. government detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5. inspect, a digital device, includes inspect the digital device using software. supervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5. 21C Magistrate may make device inspection order for reportable offender (1) This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B(1)(a) and (b) do not apply. (2) A police officer may apply to a magistrate for an order (a device inspection order) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender. (3) The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children. (4) In this section— digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5. reportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5. 21D Offence to contravene requirement to produce digital device (1) A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B(2)(a). Maximum penalty—300 penalty units or 5 years imprisonment. (2) It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person. 22 Power to enter etc. for relevant laws (1) For ensuring compliance with a relevant law, a police officer may do any of the following— (a) at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law; (b) inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item; (c) seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act; (d) require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection; (e) inspect security measures a person must maintain under the relevant law; (f) require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e). (2) A police officer may enter a part of a place not used for the purpose for which entry is made, but only to get to the place used for the purpose. (3) If a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must— (a) give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and (b) return the item to the place from which it was taken— (i) as soon as practicable, but no later than the end of the next day the place is open for business; or (ii) if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time. (4) Each of the following persons is taken for this section to be a licence holder under a relevant law— (a) a person who is required under the Drugs Misuse Act 1986, section 43D to keep a register; (b) a person who is required under the Road Use Management Act, section 133 to record information; (c) a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item. (5) Also, each of the following places is taken for this section to be a place used under a licence under a relevant law— (a) a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4)(a); (aa) a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4)(b); (b) a place used by a person to carry out activities for which records must be made as mentioned in subsection (4)(c). (6) In this section— inspect includes examine and test. prescribed item means— (a) a document or thing that is required or permitted to be kept under a relevant law; or (b) a thing declared under a regulation to be a prescribed item for this section. 23 What is a reasonable time for entry etc. for a relevant law (1) A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes— (a) when the place is open to or used by the public; and (b) when the police officer may reasonably expect that someone will be present at the place; and (c) when someone is present at the place. (2) However, if no-one is at a building on a place a police officer enters under subsection (1)(b), the time stops being a reasonable time for the entry. 24 Requirement by a police officer for a relevant law (1) This section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help. (2) What is reasonable help must be decided according to the particular circumstances. Examples for subsection (2)— 1 It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected. 2 It may be reasonable for a person to open a safe or strong room where prescribed items are kept. 25 Power to demand production of licence etc. for weapons (1) This section applies if a person is required under the Weapons Act 1990— (a) to be the holder of a licence or permit to acquire under that Act; or (b) to have the approval of any person; or (c) to keep a register or record. (2) A police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents— (a) the photo licence or permit to acquire; (b) a certificate or other evidence of approval; (c) the register or record. (3) A police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual's possession and mentioned in any of the documents. (4) However, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon. (5) This section is in addition to, and does not limit, section 22. Part 2 Searching persons, vehicles and places without warrant Division 1 Roadblocks 26 Roadblocks (1) A police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who— (a) has committed a seven year imprisonment offence; or (b) may be unlawfully depriving someone else of liberty; or Note— For what is unlawful deprivation of liberty, see the Criminal Code, section 355. (c) is being unlawfully deprived of liberty; or (d) has escaped from lawful custody; or (e) may be endangering the life or safety of someone else. (2) In deciding whether to establish a roadblock, the police officer must have regard to the following— (a) when and where the relevant circumstances happened; (b) information the police officer has about where the person sought may be travelling in a vehicle. (3) A police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it. 27 Procedure for establishing roadblocks Before a police officer decides where to establish a roadblock, the senior police officer present must consider— (a) the effect the roadblock may have on road safety and public safety; and (b) the likelihood of a dangerous situation happening if a person sought is located at the roadblock; and (c) any other relevant safety considerations. Example— If the person sought is believed to be armed and dangerous, the police officer establishing the roadblock may decide not to establish it in a populated location. 28 Record of roadblock to be made The senior police officer present at a roadblock must ensure— (a) a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and (b) a copy of the record is given to a person nominated by the commissioner for the purpose. Division 2 Searching persons without warrant 29 Searching persons without warrant (1) A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following— (a) stop and detain a person; (b) search the person and anything in the person's possession for anything relevant to the circumstances for which the person is detained. (2) The police officer may seize all or part of a thing— (a) that may provide evidence of the commission of an offence; or (b) that the person intends to use to cause self harm or harm to someone else; or (c) if section 30(1)(b) applies, that is an antique firearm. 30 Prescribed circumstances for searching persons without warrant (1) The prescribed circumstances for searching a person without a warrant are as follows— (a) the person has something that may be— (i) a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or (ii) an unlawful dangerous drug; or (iii) stolen property; or (iv) unlawfully obtained property; or (v) tainted property; or (vi) evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or (vii) evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or (viii) evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or (ix) evidence of the commission of an offence against the Liquor Act 1992, section 168B or 168C; (b) the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm— (i) because of the person's mental and physical fitness; or (ii) because a domestic violence order has been made against the person; or (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; (c) the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; (d) the person has something the person intends to use to cause self harm or harm to someone else; (e) the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982, section 103 or 104; (f) the person has committed, is committing, or is about to commit— (i) an offence against the Racing Act 2002 or Racing Integrity Act 2016; or (ii) an offence against the Corrective Services Act 2006, section 128, 129 or 132, or the repealed Corrective Services Act 2000, section 96, 97 or 100; or (iii) an offence that may threaten the security or management of a prison or the security of a prisoner; (g) the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992, section 161ZI; (h) the person has committed, or is committing, an offence against the Summary Offences Act 2005, section 10C; (ha) the person has committed, or is committing, an offence against the Criminal Code, section 52D; (i) the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; (j) the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018, section 15 or 16; (k) the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity; (l) the person has failed to comply with a requirement under section 39E, 39F, 39FA, 39FB or 39G of a police officer. (2) For subsection (1)(k), a relevant lawful activity is disrupted by using a dangerous attachment device if the use— (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock (b) stops a person from entering or leaving a place of business; or (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. Division 3 Searching vehicles without warrant 31 Searching vehicles without warrant (1) A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following— (a) stop a vehicle; (b) detain a vehicle and the occupants of the vehicle; (c) search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained. (2) Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects— (a) the vehicle is being used unlawfully; or (b) a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006. (3) If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it. (4) If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place. (5) The police officer may seize all or part of a thing— (a) that may provide evidence of the commission of an offence; or (b) that the person intends to use to cause self harm or harm to someone else; or (c) if section 32(1)(b) applies, that is an antique firearm. (6) Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5). 32 Prescribed circumstances for searching vehicle without warrant (1) It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that— (a) may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or (b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm— (i) because of the person's mental and physical fitness; or (ii) because a domestic violence order has been made against the person; or (iii) because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or (c) may be an unlawful dangerous drug; or (d) may be stolen property; or (e) may be unlawfully obtained property; or (f) may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or (g) may be evidence of the commission of an offence against any of the following— • the Racing Act 2002 • the Racing Integrity Act 2016 • the Corrective Services Act 2006, section 128, 129 or 132 • the Nature Conservation Act 1992; or (h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or (i) may be tainted property; or (j) may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or (k) may be evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or (l) may be evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or (m) may be something the person intends to use to cause self harm or harm to someone else; or (n) may be evidence of the commission of an offence against the Penalties and Sentences Act 1992, section 161ZI; or (o) may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018, section 15 or 16; or (p) may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. (2) Also, the following are prescribed circumstances for searching a vehicle without a warrant— (a) the driver or a passenger in the vehicle has committed, or is committing, an offence against— (i) the Summary Offences Act 2005, section 10C; or (ii) the Criminal Code, section 52D; (b) the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders. (3) For subsection (1)(p), a relevant lawful activity is disrupted by using a dangerous attachment device if the use— (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock (b) stops a person from entering or leaving a place of business; or (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. Division 4 Searching public places without warrant 33 Searching public places without warrant (1) It is lawful for a police officer to exercise the following powers in a public place without a search warrant— (a) power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f); (b) power to search the public place for anything that may be evidence of the commission of an offence; (c) power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence; (d) power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence; (e) power to dig up land; (f) power to open anything that is locked. (2) However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only— (a) with the consent of the occupier of the place; or (b) under a search warrant; or (c) under chapter 7, part 2. (3) If the occupier consents, the police officer may exercise search warrant powers at the place. Part 3 Use of detection dogs without warrant 34 Definitions for pt 3 In this part— body art tattooing business see the Tattoo Industry Act 2013, schedule 1. detection dog means— (a) a drug detection dog; or (b) a firearms and explosives detection dog. drug detection includes— (a) walking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and (b) walking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing. drug detection dog means a dog trained to detect unlawful dangerous drugs. event means— (a) a major event; or (b) a sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001; or (c) a sports, recreational or entertainment event, not mentioned in paragraph (b), that is open to the public, whether on payment of a fee or not. Example of an entertainment event for paragraph (c)— a musical concert held at the Mt Gravatt showgrounds explosives detection includes— (a) walking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and (b) walking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing. handler, of a detection dog, means a handler within the meaning of the Police Service Administration Act 1990. tattoo parlour means a place at which a body art tattooing business is being conducted. unlawful dangerous drug— (a) means a dangerous drug mentioned in the Drugs Misuse Regulation 1987, schedule 1; and (b) includes— (i) Gamma hydroxybutyric acid, commonly known as GBH; and (ii) 3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy. 35 Use of detection dogs in particular places (1) A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing. (2) A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing. (3) This section applies despite any other law. (4) In this section— relevant person or thing means— (a) a person who is in a public place; or (b) a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or (c) a person who is about to enter, is in, or is leaving, licensed premises; or (d) a person who is about to enter, is in, or is leaving, a tattoo parlour; or (e) a thing in a place mentioned in paragraph (a), (b), (c) or (d), or on land associated with the place, whether or not the thing is in the physical possession of a person. 36 Police officers and detection dogs may enter and remain on particular places (1) For carrying out drug detection under section 35(1), a drug detection dog, the drug detection dog's handler and any other police officer may enter and remain on a relevant place. (2) For carrying out explosives detection under section 35(2), a firearms and explosives detection dog, the firearms and explosives detection dog's handler and any other police officer may enter and remain on a relevant place. (3) For subsections (1) and (2), the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place. Example of land associated with a relevant place— land on which car parking is provided for patrons of the relevant place (4) This section applies despite any other law. (5) In this section— relevant place means— (a) a public place; or (b) a place at which an event is being held; or (c) licensed premises; or (d) a tattoo parlour. 37 Reasonable suspicion may be based on indication of detection dog (1) This section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle. (2) It is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms— (a) on the person or on, or in, a thing in the person's physical possession; or (b) on or in a thing, not in the person's physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or (c) in the vehicle. 38 Protection from liability for acts done by detection dogs (1) This section applies if— (a) the handler of a detection dog is using the detection dog to carry out detection; and (b) the detection dog— (i) physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or (ii) causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms. (2) The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies. (3) The State does not incur civil liability in the circumstances to which this section applies— (a) for an act done by the detection dog; or (b) for an act or omission of the handler. (4) However, if— (a) the act of the detection dog; or (b) the act or omission of the handler; causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State. (5) The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code, section 289. (6) This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility. Examples of other Acts that may limit civil liability or criminal responsibility— • Civil Liability Act 2003 • Criminal Code, sections 25, 271, 272 and 273 • Police Service Administration Act 1990, section 10.5 (7) In this section— bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm. detection means drug detection under section 35(1) or explosives detection under section 35(2). handler, of a detection dog, includes a police officer helping the handler of the detection dog. 39 Effect of part on use of detection dogs under search warrants To remove any doubt, it is declared that this part does not restrict the powers of a police officer to use a drug detection dog to carry out drug detection, or a firearms and explosives detection dog to carry out explosives detection, in conducting a search of a place under a search warrant or without a warrant. Part 3A Jack's Law—Use of hand held scanners without warrant in particular places 39A Definitions for part In this part— adjacent public area, to premises, a facility or another place, means— (a) a public carpark adjacent to the premises, facility or other place; or (b) a public place adjacent to an entry or exit to the premises, facility or other place. Example— a public footpath on which persons are queuing to enter the premises hand held scanner authority see section 39C(6). licensed premises includes an adjacent public area to the premises. public carpark means a carpark that is a public place. public transport station see section 39B. public transport vehicle means the following vehicles, within the meaning of the Transport Operations (Passenger Transport) Act 1994— (a) a train or other public passenger vehicle being operated by a railway manager or railway operator; (b) a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail; (c) a bus or other motor vehicle being used for a general route service; (d) a ferry being used for a general route service. retail premises— (a) means premises used wholly or predominantly for carrying on a business selling goods, or providing services, in person to the public; and (b) includes an adjacent public area to premises mentioned in paragraph (a). senior police officer means— (a) a police officer of at least the rank of inspector; or (b) a police officer of at least the rank of senior sergeant authorised by the commissioner to issue an authority under this part. shopping centre— (a) means a cluster of at least 5 premises to which the following apply— (i) at least 5 of the premises are retail premises; (ii) the retail premises are located in— (A) 1 building; or (B) 2 or more buildings that are adjoining or are separated only by a public place; (iii) the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and (b) includes an adjacent public area to premises mentioned in paragraph (a). sporting or entertainment venue— (a) means— (i) a major sports facility under the Major Sports Facilities Act 2001; or (ii) another place while it is being used for a sporting, recreation, conference or entertainment event; and Examples— • a community sporting facility being used for a football match • a building being used for a conference event • a park being used for a concert • a road being used for a running or motor racing event (b) includes an adjacent public area to a facility or place mentioned in paragraph (a). use, a hand held scanner in relation to a person, means to pass the hand held scanner in close proximity to the person or the person's belongings. 39B Meaning of public transport station A public transport station— (a) is a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle; and Examples— The following stations, platforms or other structures within the meaning of the Transport Operations (Passenger Transport) Act 1994— • a railway station or platform • a light rail station or platform • facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange • a bus station • a bus stop, including the area in the immediate vicinity of the bus stop • a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure. (b) includes— (i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and (ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths, seating (iii) landscaping associated with the station, platform or structure. 39C Use of hand held scanner authorised by senior police officer (1) A senior police officer may authorise the use of a hand held scanner at, in or on any of the following places (each a relevant place)— (a) a stated safe night precinct; (b) a stated public transport station and public transport vehicles travelling to and from the station; (c) trains or light rail vehicles travelling on a stated rail line and public transport stations along the line; (d) stated licensed premises; (e) stated retail premises; (f) a stated shopping centre; (g) a stated sporting or entertainment venue. (2) However, the senior police officer may issue an authority only if— (a) any of the following happened at the relevant place in the previous 6 months— (i) at least 1 offence was committed by a person armed with a knife or other weapon; (ii) at least 1 seven year imprisonment offence against the Criminal Code involving violence against a person was committed; (iii) more than 1 offence against the Weapons Act 1990, section 50(1) or 51(1) was committed; and Notes— 1 The Weapons Act 1990, section 50 makes it an offence for a person to unlawfully possess a weapon. 2 The Weapons Act 1990, section 51 makes it an offence for a person to physically possess a knife in a public place or a school without a reasonable excuse. (b) the senior police officer considers the use of hand held scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon; and (c) the senior police officer has considered— (i) the effect the use of hand held scanners may have on lawful activity at the relevant place; and (ii) if the use of hand held scanners has previously been authorised for the relevant place—whether the use of hand held scanners under the authority identified persons carrying knives or other weapons; and (d) for licensed premises that are not in a safe night precinct, shopping centre or sporting or entertainment venue—the senior police officer has reasonable grounds to believe an offence mentioned in paragraph (a) may be committed again at the premises in the next 6 months; and (e) for retail premises that are not in a safe night precinct, shopping centre or sporting or entertainment venue— (i) ordinarily, at least 2 days each week, the premises are open for business at a time between midnight and 5a.m.; or (ii) in the previous 6 months, at least 2 offences were committed at the premises by a person armed with a knife or other weapon. (3) For subsection (1)(b), travelling to and from a public transport station means travelling within 1 scheduled stop in any direction of that public transport station. (4) An authority may be issued under subsection (1)(c) in relation to— (a) a whole rail line, from the railway station at one end of the line to the railway station at the other end of the line; or (b) a part of a rail line, from one railway station on the line to another railway station on the line. (5) For subsection (2), an offence is committed at a relevant place that is licensed premises or retail premises if the offence is committed at, or in the immediate vicinity of, the premises. (6) An authority issued under this section is a hand held scanner authority. 39D Form and effect of hand held scanner authority (1) A hand held scanner authority must state— (a) the day and time the authority starts; and (b) the place for which the authority is issued, as follows— (i) for a hand held scanner authority issued for a safe night precinct—the name of the safe night precinct; (ii) for a hand held scanner authority issued for a public transport station—the name of the public transport station; (iii) for a hand held scanner authority issued for a rail line—the railway stations at each end of the rail line, or at each end of the part of the rail line, for which the authority is issued; (iv) for a hand held scanner authority issued for a place mentioned in section 39C(1)(d) to (g)—the address of the place. (2) The hand held scanner authority has effect for 12 hours after the authority starts. 39E Authorised use of hand held scanner without warrant in safe night precinct (1) This section applies if a hand held scanner authority is in effect for a safe night precinct. (2) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner— (a) in a public place in the safe night precinct; or (b) in a public place at a public transport station in the safe night precinct. (3) To remove any doubt, it is declared that a hand held scanner authority issued for a safe night precinct does not authorise the use of a hand held scanner on board a public transport vehicle that is in the safe night precinct. 39F Authorised use of hand held scanner without warrant at public transport station and on board public transport vehicles (1) This section applies if a hand held scanner authority is in effect for a public transport station. (2) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner— (a) in a public place at the public transport station; or (b) on board a public transport vehicle while the vehicle is travelling within 1 scheduled stop in any direction of that public transport station; or (c) if the person leaves the public transport vehicle within 1 scheduled stop of the public transport station—in a public place at the public transport station at that scheduled stop. (3) If a police officer starts to exercise a power in relation to a person under this section or section 39G while on board a public transport vehicle travelling in the area mentioned in subsection (2)(b), the police officer may continue to exercise the power in relation to the person, even if the vehicle travels out of that area. 39FA Authorised use of hand held scanner without warrant on rail line (1) This section applies if a hand held scanner authority is in effect for a rail line or part of a rail line. (2) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner— (a) in a public place at a public transport station along the line or part of the line; or (b) on board a train or light rail vehicle while the vehicle is travelling on the rail line or part of the line. (3) If a police officer starts to exercise a power in relation to a person under this section or section 39G while on board a train or light rail vehicle travelling on the rail line or part of the line, the police officer may continue to exercise the power in relation to the person, even if the vehicle travels onto another rail line or another part of the rail line. 39FB Authorised use of hand held scanner without warrant at other places (1) This section applies if a hand held scanner authority is in effect for any of the following (the relevant place)— (a) licensed premises; (b) retail premises; (c) a shopping centre; (d) a sporting or entertainment venue. (2) A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner— (a) in a public place at the relevant place; or (b) in a public place at a public transport station in or connected to the relevant place. (3) To remove any doubt, it is declared that the hand held scanner authority issued for the relevant place does not authorise the use of a hand held scanner on board a public transport vehicle that is at the relevant place. 39FC Notice to manager or occupier of premises (1) Before a police officer starts making requirements of persons under section 39FB(2), the officer or another officer must, if practicable, notify a manager or occupier of the relevant place, orally or in writing, of the following— (a) that a hand held scanner authority is in effect for the place; (b) the time for which the authority has effect; (c) the power given to a police officer under section 39FB(2). Example— It may not be practicable to notify a manager or occupier of a large shopping centre if the centre management is closed. (2) A failure to comply with subsection (1)