Police Powers and Responsibilities and Other Legislation Amendment Bill 2022
Bill Journey
Referred to Legal Affairs and Safety Committee
Plain English Summary
Overview
This bill expands police powers in four areas: longer monitoring of child sex offenders, new tools to investigate cybercrime, allowing civilians to assist in undercover operations, and creating offences targeting hooning gatherings and their spectators.
Who it affects
Sex offenders face longer reporting periods, cybercrime victims benefit from stronger investigation powers, and anyone attending or filming illegal hooning events can now be prosecuted.
Child sex offender monitoring
Doubles the reporting periods for registered sex offenders from 5/10/life years to 10/20/life years. Queensland previously had Australia's shortest reporting periods. Child offenders have separate, shorter reporting periods.
- First-time offenders must report for 10 years instead of 5 years
- Repeat offenders must report for 20 years instead of 10 years
- Changes apply only to offences committed after the law commences
- Child offenders report for 2.5, 4 or 7.5 years depending on circumstances
Cybercrime investigation powers
Adds four Criminal Code offences to the list that can be investigated using surveillance devices and controlled operations: fraud, identity theft, computer hacking, and distributing intimate images.
- Police can use surveillance devices to investigate fraud and identity theft
- Controlled operations can target computer hacking and intimate image abuse
- Offences against sex offender reporting requirements can also be investigated covertly
- Queensland had the highest rate of cybercrime in Australia at 30% of national incidents
Civilian participants in police operations
Allows civilians to assist police officers in controlled activities for up to 7 days. Previously only police could participate. Civilians are limited to ancillary conduct like aiding or enabling the police officer.
- Civilians can now assist in undercover police operations
- Must be approved by a superintendent (higher rank than for police-only operations)
- Limited to ancillary conduct - civilians cannot lead operations
- Civilians protected from criminal and civil liability when following police instructions
Anti-hooning measures
Creates new offences targeting hooning gatherings, spectators and social media promotion. Also creates an offence for sustained loss of traction (burnouts without smoke) and increases penalties for using false number plates.
- New offence for participating in or organising hooning group activities
- New offence for filming or photographing hooning to promote it online
- New offence for possessing items intended for hooning (spare plates, jacks)
- New offence for causing sustained loss of traction, even without smoke
- Penalty doubled (20 to 40 penalty units) for using false plates during hooning