Queensland: Public Safety Preservation Act 1986 (Qld)

Public Safety Preservation Act 1986 An Act to provide protection for members of the public in terrorist, chemical, biological, radiological or other emergencies that create or may create danger of death, injury or distress to any person, loss of or damage to any property or pollution of the environment and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Public Safety Preservation Act 1986. 2 [Repealed] 3 Crown bound This Act binds the Crown. 3A Extraterritorial application of Act (1) This Act applies both within and outside Queensland. (2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament. (3) A senior officer may make a declaration under section 5 that an emergency situation exists, in respect of an area within or outside Queensland, if the officer is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise in Queensland. (4) The commissioner or deputy commissioner may, under section 8A— (a) appoint a police officer to be a terrorist emergency commander if the commissioner or deputy commissioner is satisfied on reasonable grounds that— (i) an emergency situation has arisen or is likely to arise in Queensland; and (ii) the emergency situation results from or may result from, or may lead to, 1 or more terrorist acts at 1 or more terrorist emergency sites within or outside Queensland; or (b) appoint a terrorist emergency forward commander for a terrorist emergency site within or outside Queensland. (5) A power relating to an emergency situation, terrorist emergency or CBR emergency may be exercised in relation to an entity, place or thing within or outside Queensland. (6) A declaration under section 5 or 8G of an area surrounding a moving activity, or an extraordinary emergency authorisation for an area surrounding a moving activity— (a) may be made even if the area is outside Queensland at the time the declaration is made or the authorisation is given; and (b) is not affected if the area moves outside Queensland while the declaration or authorisation is in effect. (7) A declaration under section 8GA of a vehicle or an area surrounding a vehicle— (a) may be made even if the vehicle or area is outside Queensland at the time of the declaration; and (b) is not affected if the vehicle or area moves outside Queensland while the declaration is in effect. (8) Subsections (3) to (7) do not limit subsection (2). 4 Definitions The dictionary in the schedule defines particular words used in this Act. 4A Relationship with another declaration under another Act (1) This Act does not prevent a person from declaring a state of disaster or another emergency under another Act. (2) The existence of another declaration under another Act does not prevent the making of a declaration, or the exercise of powers, under this Act. Example of another Act under which a declaration may be made— Disaster Management Act 2003 Part 2 Emergency situation Division 1 Declarations and delegations 5 Declaration of emergency situation (1) Subject to section 6, if at any time a senior officer (the emergency commander) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer. (2) Without limiting subsection (1), the specified area may be any description of area surrounding a moving activity. Examples— • an area within a stated distance of a stated moving motor vehicle or vessel • an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way (3) As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate) signed by the commander stating— (a) that an emergency situation has been declared to exist; and (b) the nature of the emergency situation; and (c) the date and time the emergency situation was declared to exist; and (d) the area in respect of which the emergency situation exists. (4) The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer. (5) The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate. (6) The commissioner must keep the emergency situation certificate for at least 6 years. 6 Effect of declaration under Disaster Management Act 2003 A declaration under section 5 in force when a disaster situation is declared under the Disaster Management Act 2003 must be revoked by the emergency commander or, if the emergency commander is unavailable, by another senior officer, unless the emergency commander or other senior officer believes on reasonable grounds that it is necessary for the declaration under section 5 to remain in force. 7 Delegation of power for particular periods (1) This section only applies for any period for which the emergency commander is not acting as the emergency commander. (2) The emergency commander may delegate the commander's functions under this Act, including the power to subdelegate functions, to an appropriately qualified police officer. (3) The power to delegate does not include the power to delegate the function to— (a) issue an emergency situation certificate; or (b) make a note under section 5(5), 8AT(b) or 8AW(2)(a) on an emergency situation certificate. (4) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954, section 27A(3) and a statement outlining any revocation of the delegation. (5) Without limiting the Acts Interpretation Act 1954, section 27A, if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends. (6) In this section— functions includes powers. 7A Delegation of power to require information (1) The emergency commander may delegate the power conferred under section 8AE to an appropriately qualified police officer, including the power to subdelegate that power to another appropriately qualified police officer. (2) For each delegation, the emergency commander must attach to the emergency situation certificate a copy of each written instrument mentioned in the Acts Interpretation Act 1954, section 27A(3) and a statement outlining any revocation of the delegation. (3) Without limiting the Acts Interpretation Act 1954, section 27A, if a delegation is in force at the end of the declaration of the emergency situation, the delegation ends. Division 2 Powers for area in which emergency situation exists 8 General powers (1) Where during the period of and in the area specified in respect of an emergency situation the emergency commander is satisfied on reasonable grounds that it is necessary to effectively deal with that emergency situation he or she (and any other police officer acting on his or her instructions) may— (a) direct the owner or the person for the time being in charge or in control of any resource to surrender it and place it under the emergency commander's or police officer's control (resource surrender direction); (b) take control of any resource, whether it is in the charge or control of any person or not; (c) in respect of any resource under the emergency commander's or police officer's control, direct any person who is capable of operating that resource to operate it as directed by him or her (resource operator direction); (d) direct the evacuation and exclusion of any person or persons from any premises and for this purpose may remove or cause to be removed (using such force as is necessary for that purpose) any person who does not comply with a direction to evacuate or any person who enters, attempts to enter or is found in or on any premises in respect of which a direction for the exclusion of persons has been given; (e) close or cause to be closed to traffic and pedestrians, any road, street, motorway, private road, private way, service lane, footway, right of way, access way or other way or close any place to which members of the public have access whether on payment of a fee or otherwise; (f) enter or cause to be entered (using such force as is necessary for that purpose) any premises; (g) search or cause to be searched (using such force as is necessary for that purpose) any premises and anything found therein or thereon; (h) remove or cause to be removed from any premises (using such force as is necessary for that purpose) any animal or anything; (i) direct any person to assist him or her in the manner specified by him or her (help direction); (j) destroy an explosive that is found in the area specified in respect of the emergency situation. (2) The emergency commander or police officer must not give a resource operator direction or a help direction to a person if giving the direction would expose the person to imminent danger. (3) A person given a resource surrender direction, a resource operator direction or a help direction must comply with the direction, unless the person has a reasonable excuse. Maximum penalty for subsection (3)—40 penalty units or 1 year's imprisonment. 8AAA Requirements for destruction of explosives (1) Subsection (2) applies if the destruction of an explosive under section 8(1)(j) by the emergency commander or another police officer is likely to cause structural damage to a building. (2) Before destroying the explosive, the emergency commander or police officer must obtain the approval of a State police officer of at least the rank of assistant commissioner, if it is reasonably practicable to do so. (3) Subsection (4) applies if— (a) the emergency commander or another police officer destroys an explosive under section 8(1)(j) without approval under subsection (2); and (b) the destruction causes structural damage to a building. (4) The emergency commander or police officer must, as soon as reasonably practicable, inform a State police officer of at least the rank of assistant commissioner of the destruction and the structural damage. Division 3 Power to require information Subdivision 1 Preliminary 8AA Definitions for division In this division— authorised person, for an information matter, see section 8AB. disclosure notice see section 8AL(2). disclosure recipient see section 8AD. employer, of a person, means the person who employs the person or by whom the person is engaged. give, in relation to information, includes carry out a procedure to generate the information. information includes a document. information matter means— (a) the fact an information requirement is made of a person; or (b) the nature of the information sought under an information requirement that is made of a person. information requirement see section 8AE(3). manager, of a person, means a person who is employed or engaged by the same entity as the person and who manages or supervises the person's work. relevant officer see section 8AL(4). unauthorised person, for an information matter, see section 8AC. work-related information, for a person of whom an information requirement is made, means information that is held, or is to be collected, by an entity by which the person is employed or engaged. 8AB Meaning of authorised person An authorised person, for an information matter, is— (a) a person who has been given a disclosure notice authorising the disclosure of the information matter to the person; or Note— See subdivision 4 for the giving of disclosure notices. (b) a police officer to whom an information matter must, or may, be disclosed under this Act. 8AC Meaning of unauthorised person An unauthorised person, for an information matter, is a person other than an authorised person for the information matter. Note— See subdivision 3 for the restrictions on disclosing an information matter to an unauthorised person. 8AD Meaning of disclosure recipient (1) A disclosure recipient is a person to whom an information matter is disclosed. (2) For subsection (1), it does not matter whether the disclosure of the information matter to the person— (a) is made by a person of whom an information requirement is made or another disclosure recipient; or (b) is made lawfully or otherwise. Note— A disclosure recipient may be an authorised person, or an unauthorised person, for the information matter that is disclosed to the disclosure recipient. (3) However, a person to whom an information matter is disclosed is not a disclosure recipient if the disclosure is made to the person— (a) because the person is a police officer mentioned in any of the following sections— (i) section 8AE(2); (ii) section 8AF(3), definition relevant matters, paragraph (h) or (i); (iii) section 8AN(3), definition relevant matters, paragraph (j) or (k); or (b) for the purpose of receiving or investigating a complaint to a State police officer or the Crime and Corruption Commission. Subdivision 2 Information requirements 8AE Making of information requirement (1) This section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that— (a) a person may be able to give information that is necessary to manage or resolve the emergency situation; and Examples of persons who may be able to give information that is necessary to manage or resolve the emergency situation— • a designated person under the Hospital and Health Boards Act 2011, part 7 • a person who is responsible for a biometric identification system (b) it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision. (2) The emergency commander or a police officer acting on the emergency commander's instructions may require the person to give the information to— (a) the emergency commander or police officer; or (b) another police officer, who may be described by name or by reference to an officer performing a stated function. (3) A requirement under subsection (2) is an information requirement. (4) An information requirement— (a) must be made by written notice; or (b) if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Example— Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice. (5) An information requirement may require the person to give the information— (a) either— (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address (b) by attending at a stated reasonable time and place to answer questions or produce documents. (6) Also, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation. (7) However, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation. Note— See the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence. (8) For information that is included in an electronic document, compliance with the information requirement requires— (a) the giving of a clear image or written version of the electronic document; or (b) the giving of the information in a format that is able to be accessed by the emergency commander or police officer. Example— giving a digital file of CCTV footage that is able to be played on a computer (9) If the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends. 8AF Person to be informed of relevant matters (1) If an information requirement is made of a person by written notice, the notice must state the relevant matters. (2) If an information requirement is made of a person orally, the emergency commander or a police officer acting on the emergency commander's instructions must, when making the requirement of the person, tell the person the relevant matters. (3) In this section— relevant matters, in relation to an information requirement that is made of a person, means each of the following— (a) an emergency situation has been declared to exist; (b) it is an offence for the person not to comply with the information requirement unless the person has a reasonable excuse; (c) it is a reasonable excuse for the person not to give the information if— (i) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or (ii) the information is the subject of legal professional privilege; (d) it is an offence for the person to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— (i) tells the police officer to whom the information is given, to the best of the person's ability, how the document is false or misleading; and (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information; (e) it is an offence for the person to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse; (f) the maximum penalty for committing an offence in relation to the information requirement, with and without a circumstance of aggravation; (g) the name, rank, registered number and station of the emergency commander or police officer making the information requirement; (h) the contact details of a police officer who may be contacted about the information requirement; Examples of a police officer who may be contacted about the information requirement— • a stated police officer • a police officer performing a stated function (i) if the person wishes to disclose an information matter to another person, the person may ask the emergency commander or police officer, or the police officer mentioned in paragraph (h), to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose; (j) a police officer may give the person a written notice under section 8AK, including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing an information matter to other persons; (k) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (j), a police officer will inform the person when the emergency situation has ended. 8AG Offence to contravene information requirement (1) A person of whom an information requirement is made must comply with the information requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year's imprisonment. (2) It is a reasonable excuse for the person not to give the information if— (a) for an individual—giving the information might tend to incriminate the individual or expose the individual to a penalty; or (b) the information is the subject of legal professional privilege. (3) Subsection (2) does not limit what is a reasonable excuse. (4) It is a defence to a prosecution for an offence against subsection (1) for the person to prove the person— (a) could not reasonably comply with the information requirement within the period stated in the requirement; and (b) took reasonable steps to comply with the information requirement; and (c) gave the information sought under the information requirement as soon as practicable after the period for compliance stated in the requirement. (5) Subsection (1) applies despite any requirement to maintain confidentiality or other restriction on giving the information, whether imposed under an Act or a rule of law, unless the Act expressly overrides this section. Note— See section 8AQ for the person's protection from liability for giving the information. (6) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or (b) knows that, or is reckless as to whether, the person's noncompliance with the information requirement is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. 8AH Offence to give false or misleading information (1) A person of whom an information requirement is made must not give the nominated officer information the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units or 1 year's imprisonment. (2) Subsection (1) does not apply to a person if the person, when giving information in a document— (a) tells the nominated officer, to the best of the person's ability, how the document is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or (b) knows that, or is reckless as to whether, giving the false or misleading information is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. (4) In this section— nominated officer, in relation to a person of whom an information requirement is made, means the police officer to whom the person is required to give the information under the information requirement. Note— See section 8AE(2) for the police officers to whom a person may be required to give the information under an information requirement. Subdivision 3 Restrictions on disclosing information matter to unauthorised persons 8AI Offence for person to disclose information matter to unauthorised person (1) During the period of an emergency situation, a person of whom an information requirement has been made must not, without reasonable excuse, disclose an information matter to an unauthorised person for the information matter. Maximum penalty—40 penalty units or 1 year's imprisonment. (2) However, the person does not commit an offence against subsection (1) if— (a) the person has been given a notice under section 8AK in relation to the information matter; or (b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission. (3) A person commits a crime if the person commits an offence against subsection (1) in circumstances where the person— (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or (b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. 8AJ Offence for disclosure recipient to disclose information matter to unauthorised person (1) During the period of an emergency situation, a disclosure recipient must not, without reasonable excuse— (a) if the disclosure recipient is an authorised person for an information matter—disclose the information matter to an unauthorised person for the information matter; or (b) if the disclosure recipient is an unauthorised person for an information matter—disclose the information matter to another unauthorised person for the information matter, knowing that, or being reckless as to whether, the person to whom the disclosure is made is an unauthorised person. Maximum penalty—40 penalty units or 1 year's imprisonment. (2) However, the disclosure recipient does not commit an offence against subsection (1) if— (a) the disclosure recipient has been given a notice under section 8AK in relation to the information matter; or (b) the disclosure is made for the purpose of making a complaint to a State police officer or the Crime and Corruption Commission. (3) Also, the disclosure recipient does not commit an offence against subsection (1)(a) by disclosing to a person of whom an information requirement has been made— (a) the fact the information requirement has been made of the person; or (b) the nature of the information sought under the information requirement. (4) A disclosure recipient commits a crime if the disclosure recipient commits an offence against subsection (1) in circumstances where the disclosure recipient— (a) intends to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation; or (b) knows that, or is reckless as to whether, the disclosure of the information matter is likely to— (i) seriously endanger the health or safety of any person; or (ii) cause serious damage to property; or (iii) cause serious pollution of the environment; or (iv) seriously prejudice the effective management or resolution of the emergency situation. Maximum penalty—10 years imprisonment. 8AK Notice that person released from prohibition on disclosing information matter (1) This section applies if, at any time during the period of an emergency situation, the emergency commander reasonably considers it will not prejudice the effective management or resolution of the emergency situation if— (a) a person of whom an information requirement is made discloses an information matter; or (b) a person who is a disclosure recipient discloses an information matter. (2) The emergency commander or a police officer acting on the emergency commander's instructions may give the person a written notice stating that the person is no longer prohibited from disclosing the information matter to other persons. Note— Section 8AI or 8AJ applies to the person if the person has not been given a notice under this section. (3) The written notice may be given to the person— (a) by email, but only if it is sent from a Queensland Police Service email account; or (b) in a written notice making an information requirement of the person; or (c) in another appropriate way. Subdivision 4 Disclosure notices 8AL Request for disclosure notice to be given (1) This section applies to a person who— (a) is either— (i) a person of whom an information requirement is made; or (ii) a disclosure recipient; and (b) during the period of an emergency situation, wishes to disclose an information matter to another person; and (c) has not been given a notice under section 8AK in relation to the information matter. (2) The person may ask a relevant officer to give a stated person a notice (a disclosure notice) authorising the disclosure of the information matter to the stated person for a stated purpose. (3) The stated purpose must be— (a) for disclosure by a person of whom an information requirement is made— (i) to obtain the help of the other person in order to comply with the information requirement; or (ii) if the information requirement concerns work-related information for the person—to inform the employer, or a manager, of the person that the information requirement has been made of the person; or (iii) to seek legal advice in relation to the information requirement, including about an offence against this division; or (b) for disclosure by a disclosure recipient— (i) to obtain the help of the other person in order to help the person of whom the information requirement is made comply with the information requirement; or (ii) if the information requirement concerns work-related information for the person of whom it is made and the disclosure recipient is a manager of the person—to inform the employer, or a manager, of the disclosure recipient that the information requirement has been made of the person; or (iii) to seek legal advice in relation to the information requirement, including about an offence against this division. (4) In this section— relevant officer means— (a) the emergency commander; or (b) a police officer acting on the emergency commander's instructions; or (c) if the request under subsection (2) is made by a person of whom an information requirement is made—a police officer mentioned in section 8AF(3), definition relevant matters, paragraph (h) whose contact details have been given to the person; or (d) if the request under subsection (2) is made by a disclosure recipient who is an authorised person for the information matter—a police officer mentioned in section 8AN(3), definition relevant matters paragraph (j) whose contact details have been given to the disclosure recipient. 8AM Obligation to give, or to refuse to give, disclosure notice (1) This section applies if a request is made under section 8AL to a relevant officer to give a stated person a disclosure notice. (2) The relevant officer must give the stated person a disclosure notice unless the officer reasonably suspects that giving the notice might prejudice the effective management or resolution of the emergency situation. (3) The disclosure notice may be given in writing or orally. (4) The giving of the disclosure notice does not affect the time by which the person of whom the information requirement is made must comply with the information requirement. Example— An information requirement is made of a person and, under section 8AE(5)(a)(i), requires the person to give the information immediately. The person asks for a disclosure notice to be given to the person's lawyer to seek legal advice in relation to the information requirement. The obligation under subsection (2) for the relevant officer to give the person's lawyer a disclosure notice does not affect the person's obligation under section 8AG to comply with the information requirement by giving the information immediately. (5) If the relevant officer reasonably suspects that giving the stated person a disclosure notice might prejudice the effective management or resolution of the emergency situation, the officer must decide to refuse the request. 8AN Person to be informed of relevant matters (1) If a disclosure notice is given in writing, the notice must state the relevant matters. (2) If a disclosure notice is given orally, the relevant officer must, when giving the notice, tell the person to whom it is given the relevant matters. (3) In this section— relevant matters, in relation to a disclosure notice given to a person (the stated person), means each of the following— (a) an emergency situation has been declared to exist; (b) an information requirement has been made of the person mentioned in section 8AL(1)(a)(i); (c) it is an offence for the person of whom the information requirement is made not to comply with the information requirement unless the person has a reasonable excuse; (d) it is an offence for the person of whom the information requirement is made to give information the person knows is false or misleading in a material particular unless, when giving information in a document, the person— (i) tells the police officer to whom the information is given, to the best of the person's ability, how the document is false or misleading; and (ii) if the person has, or can reasonably obtain, the correct information—gives the correct information; (e) it is an offence for the person of whom the information requirement is made to disclose an information matter to an unauthorised person for the information matter unless the person has a reasonable excuse; (f) the person of whom the information requirement is made, or a disclosure recipient, has been authorised to disclose an information matter to the stated person for the purpose of— (i) either— (A) for disclosure by the person of whom the information requirement is made—obtaining the help of the stated person in order to comply with the information requirement; or (B) for disclosure by a disclosure recipient—obtaining the help of the stated person in order to help the person of whom the information requirement is made comply with the information requirement; or (ii) informing the stated person, as the employer, or a manager, of the person of whom the information requirement is made, or of the disclosure recipient, that the information requirement has been made and concerns work-related information for the person of whom it is made; or (iii) seeking legal advice in relation to the information requirement, including about an offence against this division; (g) it is an offence for the stated person to disclose the information matter to an unauthorised person for the information matter unless the stated person has a reasonable excuse; (h) the maximum penalty for disclosing the information matter to an unauthorised person for the information matter, with and without a circumstance of aggravation; (i) the name, rank, registered number and station of the police officer giving the disclosure notice; (j) the contact details of a police officer who may be contacted about the information requirement or disclosure notice; Examples of a police officer who may be contacted about the information requirement or disclosure notice— • a stated police officer • a police officer performing a stated function (k) if the stated person wishes to disclose the information matter to another person, the stated person may ask the emergency commander, the police officer giving the disclosure notice or the police officer mentioned in paragraph (j) to give the other person a disclosure notice authorising the disclosure of the information matter to the other person for a stated purpose; (l) a police officer may give the stated person a written notice under section 8AK, including by email from a Queensland Police Service email account, stating that the person is no longer prohibited from disclosing the information matter to other persons; (m) if, during the period of the emergency situation, the person is not given a notice mentioned in paragraph (l), a police officer will inform the stated person when the emergency situation has ended. 8AO Procedure if disclosure notice is given (1) If a disclosure notice is given under section 8AM(2), the relevant officer must— (a) if the notice is given in writing—give a copy of the notice to the person who requested the giving of the notice; or (b) if the notice is given orally—tell the person who requested the giving of the notice that the notice has been given. (2) Also, the relevant officer must, as soon as reasonably practicable after the disclosure notice is given, make a written record under subsection (3) or (4). (3) If the disclosure notice is given in writing, the written record must state— (a) the date and time the notice is given; and (b) the date and time a copy of the notice is given to the person who requested the giving of the notice. (4) If the disclosure notice is given orally, the written record must state— (a) the name of the person to whom the notice is given; and (b) the date and time the notice is given; and (c) the date and time the person who requested the giving of the notice is told the notice has been given. 8AP Procedure if disclosure notice is refused (1) This section applies if a relevant officer decides under section 8AM(5) to refuse a person's request to give a stated person a disclosure notice. (2) As soon as reasonably practicable after making the decision, the relevant officer must— (a) inform the person who made the request that— (i) the request is refused; and (ii) if the stated purpose of the request was a purpose mentioned in section 8AL(3)(a)(iii) or (b)(iii)—the person may ask that a disclosure notice authorising the disclosure of the information matter be given to another stated person for that purpose; and (b) make a written record of— (i) the decision to refuse the request; and (ii) the date and time of the decision; and (iii) the grounds forming the basis of the suspicion mentioned in section 8AM(5). (3) The information required to be given under subsection (2)(a) may be given orally or in writing. Subdivision 5 Other matters 8AQ Protection from liability for giving information (1) This section applies to a person who, acting honestly and without negligence, gives information under an information requirement that is made of the person. (2) This section also applies to a person if— (a) the person, acting honestly and without negligence, gives information to— (i) a person of whom an information requirement is made to help the person comply with the requirement; or (ii) a disclosure recipient to help the disclosure recipient help a person of whom an information requirement is made comply with the requirement; and (b) when the information is given— (i) the person is an authorised person for an information matter relating to the person of whom the information requirement is made; or (ii) the person to whom the information is given has been given a notice under section 8AK. (3) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (4) Also, merely because the person gives the information, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. (5) Without limiting subsections (3) and (4)— (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act, oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. 8AR Persons to be informed that emergency situation has ended (1) As soon as practicable after the declaration of an emergency situation ends, the emergency commander must ensure each relevant person is informed that— (a) the emergency situation has ended; and (b) the relevant person is no longer prohibited from disclosing an information matter to other persons. (2) Subsection (1) does not apply if, during the period of the emergency situation, the relevant person has been given a notice under section 8AK. (3) In this section— relevant person means— (a) a person of whom an information requirement was made during the period of the emergency situation; or (b) a person to whom a disclosure notice was given during the period of the emergency situation. Division 4 Extraordinary emergency powers Subdivision 1 Authorising exercise of extraordinary emergency powers 8AS Power to authorise exercise of extraordinary emergency powers (1) This section applies if— (a) an emergency situation has, under section 5, been declared to exist in respect of a specified area; and (b) a terrorist emergency has not, under section 8G, been declared to exist in relation to the emergency situation; and (c) the emergency commander is satisfied on reasonable grounds that the emergency situation involves or may involve— (i) an explosive; or (ii) a person's life or safety being seriously endangered by an act of another person; and Examples for subparagraph (ii)— • the person is being held hostage by the other person • the other person has a weapon and is close to or has access to the person (d) the emergency commander is satisfied on reasonable grounds that the exercise of 1 or more particular extraordinary emergency powers is necessary to effectively deal with the emergency situation because of the scale or complexity of the situation. Examples of complex emergency situations— 1 A number of people have been wounded by a weapon in a crowded public place and it is not known who used the weapon. 2 An explosion has occurred inside a public building and there are reports that further explosives have been placed at the main exits from the building. (2) The emergency commander may authorise the exercise, under this subdivision, of stated extraordinary emergency powers in a stated area (the authorisation area) within the area specified for the emergency situation. (3) The exercise of the stated extraordinary emergency powers is subject to section 8AZ. (4) The authorisation area must be the smallest area reasonably necessary to effectively deal with the emergency situation. (5) Without limiting subsection (2), an authorisation area may be any description of area surrounding a moving activity. Examples— • an area within a stated distance of a stated moving motor vehicle or vessel • an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way 8AT Steps after giving extraordinary emergency authorisation As soon as reasonably practicable after giving an extraordinary emergency authorisation for an emergency situation, the emergency commander must— (a) ensure that a State police officer of at least the rank of assistant commissioner is informed that the authorisation has been given; and (b) note the following matters on the emergency situation certificate for the emergency situation— (i) that the authorisation has been given; (ii) the date and time the authorisation was given; (iii) the authorisation area; (iv) the extraordinary emergency powers that may be exercised; (v) the circumstances relevant to the giving of the authorisation. 8AU Changes to extraordinary emergency authorisation The emergency commander may, at any time, change the authorisation area, or the circumstances relevant to the giving of the extraordinary emergency authorisation, by— (a) amending the description of the area or circumstances on the emergency situation certificate; and (b) noting the date and time of the amendment on the emergency situation certificate. 8AV When extraordinary emergency authorisation ends An extraordinary emergency authorisation for an emergency situation ends when the first of the following happens— (a) the authorisation is revoked by the emergency commander; (b) the declaration made under section 5 for the emergency situation is revoked; (c) a declaration is made under section 8G that a terrorist emergency exists in relation to the emergency situation. 8AW When extraordinary emergency authorisation must be revoked (1) The emergency commander must revoke an extraordinary emergency authorisation for an emergency situation if satisfied that the exercise of each of the extraordinary emergency powers stated in the authorisation is no longer necessary to effectively deal with the emergency situation. (2) If the emergency commander revokes the extraordinary emergency authorisation, the emergency commander must as soon as reasonably practicable— (a) note the date and time of the revocation on the emergency situation certificate for the emergency situation; and (b) inform police officers of the revocation. 8AX Effect if extraordinary emergency authorisation ends because of terrorist emergency (1) This section applies if an extraordinary emergency authorisation for an emergency situation ends under section 8AV(c) because a terrorist emergency has been declared to exist for the emergency situation. (2) A direction given, or requirement made, in relation to the emergency situation and mentioned in column 1 of the following table continues in effect for the terrorist emergency as if— (a) the direction were given, or the requirement were made, by a terrorist emergency officer in relation to the terrorist emergency under the section mentioned opposite in column 2 of the following table; and (b) the declared area for the terrorist emergency includes the authorisation area, if it does not already do so. Column 1 Column 2 Direction or requirement Section a direction given under section 8AZA(2) section 8M(2) a requirement made under section 8AZC(2) section 8O(1) a requirement made under section 8AZC(3) section 8O(2) a requirement made under section 8AZE(2) section 8PAB(2) (3) Subsection (4) applies if— (a) an emergency situation officer is exercising a power under section 8AZB(2) in relation to a person when the terrorist emergency is declared to exist; and (b) the declared area for the terrorist emergency does not include the authorisation area. (4) The emergency situation officer may— (a) continue to exercise the power; and (b) if the extraordinary emergency authorisation authorises the exercise of a power under section 8AZB(3) or 8AZE(2) or (6)—exercise the power in relation to the person as if the extraordinary emergency authorisation were still in effect. (5) A thing seized under section 8AZB(3) in relation to the emergency situation is taken to have been seized under section 8N(3) in relation to the terrorist emergency. (6) A thing seized under section 8AZE(6) in relation to the emergency situation is taken to have been seized under section 8PAB(6) in relation to the terrorist emergency. (7) A person's biometric information taken and kept under section 8AZD in relation to the emergency situation is taken to have been taken and kept under section 8PAA in relation to the terrorist emergency. Subdivision 2 Exercise of extraordinary emergency powers 8AY Application of subdivision This subdivision applies if an extraordinary emergency authorisation is in effect for an emergency situation. 8AZ Grounds for exercise of power (1) An emergency situation officer may exercise an extraordinary emergency power stated in the extraordinary emergency authorisation only if— (a) for a power under section 8AZA(2)—the officer is satisfied that giving a person a direction under that section is necessary— (i) for the safety of the person or another person; or (ii) to effectively manage the evacuation of the person; or (iii) to effectively receive, identify or assess the person; or (iv) otherwise, to effectively deal with the emergency situation; or (b) for a power under a section other than section 8AZA(2)—the officer is satisfied the exercise of the power is necessary to effectively deal with the emergency situation. (2) An emergency situation officer exercising an extraordinary emergency power may use the force that is reasonably necessary. 8AZA Power to control movement of persons (1) This section applies to a person who is in the authorisation area. (2) An emergency situation officer may direct the person— (a) not to enter a stated place in the authorisation area; or (b) to go to, or stay at or in, a stated place in the authorisation area. (3) When an emergency situation officer is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8AZ(1)(a), the officer must ensure the direction is withdrawn. (4) A person given a direction under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000. (5) A direction given under subsection (2) is not an enforcement act under the Police Powers and Responsibilities Act 2000. 8AZB Power to search a person without a warrant (1) This section applies to a person who is in the authorisation area. (2) An emergency situation officer may, without a warrant, stop, detain and search the person, and anything in the person's possession, for anything relevant to the emergency situation. Examples of things that may be searched— laptop, mobile phone (3) The emergency situation officer may seize all or part of a thing if the officer reasonably suspects— (a) the thing may provide evidence of the commission of an offence; or (b) the person may use the thing to cause harm to the person or another person. (4) The Police Powers and Responsibilities Act 2000, chapter 20, applies as if anything done under subsection (2) or (3) were done under that Act. (5) Nothing done under this section, other than the search mentioned in subsection (6), is an enforcement act under the Police Powers and Responsibilities Act 2000. (6) A search of a person involving the removal of the person's clothing, other than outer clothing, is an enforcement act under the Police Powers and Responsibilities Act 2000. 8AZC Power to require name, address and date of birth (1) This section applies to a person who is in the authorisation area. (2) An emergency situation officer may require the person to state the person's correct name, address and date of birth. (3) Also, an emergency situation officer may require the person to give evidence of the correctness of the stated name, address and date of birth if, in the circumstances, it would be reasonable to expect the person— (a) to be in possession of evidence of the correctness of the stated name, address and date of birth; or (b) to otherwise be able to give the evidence. 8AZD Power to collect biometric information (1) This section applies to a person who is in the authorisation area. (2) An emergency situation officer may take and keep a photograph of the person for the purpose of identifying the person. (3) Subsection (4) applies if— (a) the person has not complied with a requirement under section 8AZC(2); or (b) the person has not given evidence of the correctness of the name, address or date of birth stated by the person; or (c) an emergency situation officer reasonably suspects that— (i) the name, address or date of birth stated by the person is false; or (ii) evidence given by the person of the correctness of the name, address or date of birth stated by the person is false. (4) An emergency situation officer may, for the purpose of identifying the person or confirming the person's identity— (a) electronically take and keep the person's fingerprints; and (b) use a biometric system to compare the person's biometric information with other biometric information stored in the system. (5) Subsection (6) applies if the commissioner is satisfied that a person's biometric information taken under this section— (a) is no longer required for the investigation or prosecution of an offence relating to an emergency; and (b) is no longer required for an inquiry or inquest, or proposed inquiry or inquest, in relation to an emergency, including, for example, a commission of inquiry or an investigation under the Coroners Act 2003. (6) The commissioner must take reasonable steps to destroy the biometric information, and any data about the biometric information, held by the Queensland Police Service. 8AZE Power to require access information or assistance (1) This section applies if— (a) under section 8AZB, a digital device is being searched or has been seized; and (b) an emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and (c) the emergency situation officer reasonably suspects that a person knows, has or is able to provide the access information or assistance. (2) The emergency situation officer may require the person to give the officer— (a) the access information for the digital device; or (b) any assistance necessary for the officer to gain access to device information from the device. (3) When making the requirement, the emergency situation officer must inform the person that the person must comply with the requirement even though complying might tend to incriminate the person or expose the person to a penalty. (4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 1 year's imprisonment. (5) It is not a reasonable excuse to fail to comply with the requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty. (6) If the digital device is being searched under section 8AZB(2) and the person does not comply with the requirement, an emergency situation officer may seize the digital device. (7) The Police Powers and Responsibilities Act 2000, chapter 20 applies as if anything done under subsection (6) were done under that Act. (8) Nothing done under subsection (6) is an enforcement act under the Police Powers and Responsibilities Act 2000. 8AZF What power to search or seize a digital device includes Without limiting sections 8AZB and 8AZE(6), the power under those sections to search or seize a thing that is a digital device includes a power to do any of the following— (a) use the device to gain access to device information from the device; (b) examine device information from the device to find out whether the information may be relevant to an emergency; (c) use another digital device to make a copy of device information from the device, or send the information to another digital device for the purpose of copying the information, if the information may be— (i) relevant to an emergency; or (ii) evidence of an offence; (d) use the device to send a copy of device information from the device to a person if— (i) the information may be relevant to an emergency; and (ii) the information is sent to the person for the purpose of managing or resolving the emergency. Subdivision 3 Reporting 8AZG Report to Minister (1) The commissioner must give the Minister a report about the exercise of extraordinary emergency powers under an extraordinary emergency authorisation within 3 months after the authorisation ends. (2) The report— (a) must state the following— (i) the nature of the emergency situation for which the extraordinary emergency authorisation was given; (ii) when and why the extraordinary emergency authorisation was given; (iii) if the extraordinary emergency authorisation was revoked—when it was revoked; (iv) the extraordinary emergency powers that were exercised and why and how they were exercised; (v) whether or not a terrorist emergency was declared to exist in relation to the emergency situation; and (b) may include anything else the commissioner considers appropriate. (3) If a terrorist emergency was declared to exist in relation to the emergency situation, the report may form part of the report about the terrorist emergency under section 8R. 8AZH Tabling of report in Legislative Assembly (1) The Minister must table in the Legislative Assembly a report about the exercise of extraordinary emergency powers under an extraordinary emergency authorisation within 6 months after the authorisation ends. (2) The report— (a) must state the matters mentioned in section 8AZG(2)(a); and (b) may include anything else the Minister considers appropriate. (3) However, the report is not required to include information that could reasonably be expected— (a) to prejudice the investigation of a contravention or possible contravention of the law; or (b) to enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or (c) to endanger a person's life or physical safety; or (d) to prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or (e) to prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or (f) to prejudice national security. (4) If a terrorist emergency was declared to exist in relation to the emergency situation for which the extraordinary emergency authorisation was given, the report may form part of the report about the terrorist emergency under section 8S. Part 2A Terrorist emergency Division 1 Declaring, extending and ending terrorist emergencies Subdivision 1 Appointments 8A Appointment of terrorist emergency commander and terrorist emergency forward commander (1) This section applies if the commissioner or a deputy commissioner is satisfied on reasonable grounds that— (a) an emergency situation has arisen or is likely to arise; and (b) the emergency situation results from or may result from or may lead to 1 or more terrorist acts at 1 or more places (each a terrorist emergency site). (2) The commissioner or deputy commissioner must appoint an appropriately qualified police officer to be the terrorist emergency commander. (3) Until the commissioner or deputy commissioner appoints a terrorist emergency commander, the commissioner or deputy commissioner has all the powers of a terrorist emergency commander. (4) Also, for each terrorist emergency site, an appropriately qualified police officer must be appointed as the terrorist emergency forward commander either by the commissioner or deputy commissioner or by the terrorist emergency commander under a delegation under section 8B. 8B Commissioner's or deputy commissioner's power to delegate The commissioner or the deputy commissioner may delegate the power under section 8A(4) to appoint a terrorist emergency forward commander to the terrorist emergency commander appointed under the section. 8BA Appointment of TERC commander