Police Powers and Responsibilities and Other Legislation Amendment Bill 2019
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
Vote on a motion
This division appears to relate to a procedural motion from another part of the sitting day rather than the Police Powers bill debate itself.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (41)
Noes (48)
▸28 members spoke27 support1 mixed
Supported the bill's amendments to enable police to access information on digital devices for investigating serious crimes, emphasising the need to protect victims and catch perpetrators.
“The laws governing criminal investigation have been confusing and do not reflect current advances in technology. There is, accordingly, a great need to eliminate any vagueness and make police powers more specific and effective.”— 2020-02-20View Hansard
As Minister for Police, moved the second reading and outlined the bill's provisions to enhance police powers including cloud storage access, body-worn camera use, and DNA testing reforms.
“The committee recommended that the bill be passed, and I thank the committee for its support of the bill.”— 2020-02-19View Hansard
Supported the bill's clarification of police powers to access cloud-based information on electronic devices, particularly for child sex offence investigations. Noted concerns about Weapons Licensing branch resourcing.
“As a father of three, I will support any measure which better equips our police officers to protect children from predators.”— 2020-02-20View Hansard
As shadow police minister, stated the LNP will always support measures which make the job of police simpler and allow them to compete with criminals.
“The LNP will always support things which make the job of the police simpler and which allow them to compete with the criminal element.”— 2020-02-19View Hansard
Supported the bill as a positive step for dealing with child sex offenders and improving police access to digital evidence. Also supported the domestic and family violence protection amendments.
“When we are dealing with child sex offenders, as representatives of the community we have a responsibility to ensure our legal system is properly resourced and that the full force of our legal system is applied.”— 2020-02-20View Hansard
As committee chair, supported the bill.
“I would like to speak in support of the Police Powers and Responsibilities and Other Legislation Amendment Bill 2019.”— 2020-02-19View Hansard
Supported the bill's expansion of police access to electronic information, noting the practical impact on police resources when investigating domestic violence cases involving electronic devices.
“This bill's new definitions should permit police continued access when a person is suspected of a crime.”— 2020-02-20View Hansard
Supported the enhancement of police powers to access information including cloud services.
“We support the enhancement of the powers of police to access information.”— 2020-02-19View Hansard
As Minister for Police, replied to the second reading debate, defending the bill as essential for keeping pace with criminal use of technology and clarifying access to electronic information.
“This bill provides clear guidance for those enforcing the law and leaves no room to hide for those who break the law.”— 2020-02-20View Hansard
Supported the bill as a former police officer, focusing on the operational benefits of the amendments.
“I rise to speak in support of the Police Powers and Responsibilities and Other Legislation Amendment Bill 2019.”— 2020-02-19View Hansard
Supported providing police with the tools they need to do their job effectively.
“The members of our state's thin blue line deserve all the support we can provide them.”— 2020-02-19View Hansard
Supported the bill's provisions to enhance police powers.
“I rise to speak in support of the Police Powers and Responsibilities and Other Legislation Amendment Bill 2019.”— 2020-02-19View Hansard
Spoke on the bill, generally supportive of the police powers provisions.
“I rise to speak on the Police Powers and Responsibilities and Other Legislation Amendment Bill 2019.”— 2020-02-19View Hansard
Supported the bill.
“I rise to speak in support of the bill that is before the House.”— 2020-02-19View Hansard
Supported giving police the necessary steps and tools to keep communities safe.
“We must take the necessary steps to support them in their work and to keep our communities safe.”— 2020-02-19View Hansard
As Minister for the Prevention of Domestic and Family Violence, supported the bill's provisions relating to domestic violence response.
“I rise to speak in support of the Police Powers and Responsibilities and Other Legislation Amendment Bill 2019.”— 2020-02-19View Hansard
Supported the bill's provisions relating to police powers and penalties, though raised issues with penalty changes for licence breaches.
“The LNP is supportive of these provisions.”— 2020-02-19View Hansard
Supported the bill and noted the strong public support for police investigations.
“Police continue to have the overwhelming and strong support of the public.”— 2020-02-19View Hansard
Supported the bill while explaining why the LNP did not support certain specific amendments.
“We saw them as nothing more than allowing people carte blanche.”— 2020-02-19View Hansard
Supported the bill including its provisions to address family and domestic violence.
“I commend the bill to the House.”— 2020-02-19View Hansard
Stated the KAP would support most of the bill, though noted some parts needed more consideration.
“The KAP will support most of the bill.”— 2020-02-19View Hansard
Stated the LNP would not be opposing the bill, giving thanks for the amendments.
“We will not be opposing this bill.”— 2020-02-19View Hansard
Supported the bill's provisions to enhance police service support roles and operational reforms.
“Pleasingly, another catch-up amendment has been added.”— 2020-02-19View Hansard
Supported the increase in police powers to access information and search cloud services.
“The LNP supports the increase of access information powers.”— 2020-02-19View Hansard
Supported the rest of the bill but would oppose certain specific parts.
“On that basis, we will be opposing that part and supporting the rest of the bill.”— 2020-02-19View Hansard
Confirmed he would be supporting the bill, focusing on the need for police powers to keep pace with technology.
“As other members of the LNP have said, I will be supporting the bill.”— 2020-02-19View Hansard
Supported the bill's provisions including those regarding technology and police powers.
“These are provisions I support.”— 2020-02-19View Hansard
Supported the bill's amendments including those relating to licensed premises and controlled activities.
“We support the amendment, which apparently seeks to assist licensees.”— 2020-02-19View Hansard
▸1 clause vote (all passed)
That clauses 69 to 97, as read, stand part of the bill
Vote on weapons-related clauses including new definitions of magazine capacity. KAP, NQF and PHON voted against these clauses, arguing they unnecessarily affected licensed firearm owners. The clauses were agreed to 81-5.
The motion passed.
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Ayes (81)
Supported the bill after the minister's amendments removed the prostitution-related clauses. Strongly argued that reducing penalties for brothel licensing breaches (such as failing to check proof of age of workers) from imprisonment to fines was inappropriate.
“I think it is very important that as we go forward and as this legislation is looked at in other forums and potentially comes back to this House we ensure that our judiciary has the capacity, if there is a serious breach, for someone to face serious consequences.”— 2020-02-20View Hansard
Supported the bill overall but opposed clauses 81-97 relating to the amended definition of magazine capacity in the Weapons Act, arguing for protecting the rights of licensed firearm owners.
“We would rather err on the side of caution and protect the rights of licensed firearm owners. We will be voting against these clauses on that basis.”— 2020-02-20View Hansard
Plain English Summary
Overview
This bill updates law enforcement powers across multiple areas. It clarifies that police can access cloud-based and social media information when executing search warrants, enhances domestic violence response capabilities, strengthens brothel licensing enforcement, and makes practical improvements to weapons licensing and police operations.
Who it affects
The bill primarily affects people under police investigation (whose digital information is more accessible), domestic violence respondents (who can now be searched before transport), brothel operators (facing new compliance powers), and weapons licence holders (who gain more time to respond to suspension notices).
Digital device access powers
Clarifies that existing search warrant powers extend to information in cloud services, social media, and email accounts accessible through a device. This addresses ambiguity about whether police could access Facebook, Instagram, or Gmail accounts during investigations.
- New definitions of 'digital device' and 'device information' replace outdated 'storage device' terminology
- Applies to search warrants, crime scene warrants, and terrorism emergency powers
- Amendments apply consistently across the Police Powers and Responsibilities Act, Crime and Corruption Act, and Public Safety Preservation Act
Domestic and family violence response
Enhances police powers when responding to domestic violence situations, allowing officers to search people being transported and enabling civilian staff to share information more efficiently.
- Police can search a person for items that could cause harm before transporting them under a 'direction to move'
- Civilian QPS staff can now share information under the domestic violence information-sharing framework, not just sworn officers
- Seized items during searches must be handled according to standard police procedures
Brothel licensing enforcement
Gives the Prostitution Licensing Authority independent enforcement powers so its officers no longer need to call police to gain entry to brothels for compliance inspections.
- PLA officers can enter licensed brothels, search premises, seize evidence, and require document production
- New offence for obstructing an authorised PLA officer (60 penalty units)
- Breaching a brothel licence condition reduced from an indictable offence (5 years) to a simple offence (20 penalty units)
- Three-year ineligibility period removed for licence cancellation due to non-payment of fees
Weapons licensing improvements
Makes practical changes to weapons licensing including more time for suspended licence holders to prove fitness and new requirements for armourers modifying firearms.
- Weapons licence suspension period extended from 30 to 90 days
- Armourers must verify a customer's licence before modifying a firearm to a different category
- Armourers must record modifications and notify Weapons Licensing within 14 days
- Magazine definitions updated to include both detachable and integral magazines
Police operational efficiencies
Various changes to streamline police operations and remove outdated provisions.
- Vehicle owners can voluntarily transfer impounded low-value vehicles to the State
- Found property minimum holding time reduced from 60 to 30 days
- Sober Safe Centre Trial provisions repealed (trial ended in 2015)
- Controlled operations can be approved by additional senior officers
- Surveillance device warrants for named persons clarified to include vehicles