Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill updates Queensland laws to reflect the merger of the national CrimTrac policing database into the Australian Crime Commission, and bundles in several unrelated police, weapons and fire safety changes. It expands police powers to arrest on another officer's instruction, search vehicles for knives, and deploy explosives detection dogs in public places, while also giving fire officers new powers to identify building occupiers.
Who it affects
Police officers gain broader operational powers; people attending events, driving with knives, or running budget accommodation face new rules and potential enforcement; tenants and neighbours can be required to provide information to fire officers.
Merger of CrimTrac into the Australian Crime Commission
Queensland law is updated to refer to the Australian Crime Commission (ACC) instead of CrimTrac, following the national merger on 1 July 2016. The ACC Board quorum is raised from 7 to 9 members because the AUSTRAC CEO has joined the Board.
- All references to 'CrimTrac' and 'CrimTrac database' across Queensland Acts are replaced with 'the ACC' and 'ACC database'
- The quorum at Australian Crime Commission Board meetings increases from 7 to 9 members
- Existing data in the CrimTrac database is taken to be lawfully included in the ACC database
Police arrest and evidence powers
In response to the 2015 Bulsey court decision, police are now allowed to arrest someone without a warrant on the instruction of another officer who holds the reasonable suspicion. Courts also regain discretion to admit oral evidence of confessions where recording requirements were not fully met.
- A police officer can lawfully arrest a person when instructed by another officer, provided the instructing officer has reasonable suspicion and personally arresting is not practicable
- Arrested people must be told in writing the name, rank and station of both the arresting officer and any instructing officer
- Courts can admit evidence of a confession or admission that was not fully recorded if admission is in the interests of justice
Detection dogs in public places
Police can now use explosives detection dogs without a warrant in the same public places where drug detection dogs already operate, such as events, licensed premises and public spaces.
- Explosives detection dogs (renamed 'firearms and explosives detection dogs') can be used in public places, at events, at licensed premises and at tattoo parlours without a warrant
- Police and detection dogs can enter and remain on these places and associated land like car parks
- Using a detection dog is not treated as a 'search' even if the dog physically intrudes on a person or their clothing
Knives and weapons in vehicles
Carrying a knife or weapon in a vehicle in a public place is now clearly treated as doing so in a public place, and police can search a vehicle without warrant if they reasonably suspect it contains an unlawfully possessed knife.
- A 'public place' in knife and weapon offence sections now includes a vehicle in or on a public place
- Police can search a vehicle without warrant if they reasonably suspect it contains an unlawfully possessed knife
- Reasonable excuses like carrying a knife for work, fishing, food preparation or religious purposes still apply
Fire officer power to identify occupiers
After the Residential Tenancies Authority stopped sharing rental bond data in 2015, authorised fire officers get a new power to demand information identifying the occupier of a premises when investigating suspected fire safety breaches.
- Authorised fire officers can require a government entity, occupier, or knowledgeable person to give information identifying a premises' occupier
- Failing to comply without a reasonable excuse carries a maximum penalty of 20 penalty units
- Individuals can refuse to answer if doing so might incriminate them
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee24 May 2016View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill, which covers the merger of CrimTrac into the Australian Crime Commission, amendments to police powers regarding evidence admissions, vehicle searches for knives, and fire and emergency services. The committee recommended the bill be passed, but government members filed a Statement of Reservation opposing the proposed amendment to section 439 of the Police Powers and Responsibilities Act 2000 regarding the admissibility of unrecorded confessions.
Key findings (5)
- The bill facilitates the merger of CrimTrac into the Australian Crime Commission, effective from 1 July 2016, and adds the CEO of AUSTRAC to the ACC Board
- The amendment to section 439 of the PPRA would give courts discretion to admit evidence of unrecorded admissions or confessions, addressing the decision in R v McMillan [2010]
- The Queensland Council for Civil Liberties raised concerns about reduced evidentiary safeguards, arguing the existing recording requirements protect against false confessions
- The bill adds the power for police to search vehicles for unlawfully possessed knives, closing a gap where knife detection was only a by-product of other search powers
- The bill also amends the Fire and Emergency Services Act 1990 and the Weapons Act 1990
Recommendations (1)
- The committee recommends the Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016 be passed.
Committee report tabled
▸Second Reading14 Sept 2016View Hansard
Vote on a motion
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 (42)
▸11 members spoke11 support
As police minister, moved the second reading and defended the bill's practical improvements to police powers, while accepting the committee's recommendation to omit clause 12 (the section 439 PPRA amendment) pending broader consultation.
“The bill represents practical improvements in the powers of police and the authorised fire officers, which will have immediate positive impacts on front-line services.”— 2016-09-14View Hansard
Led the opposition response, indicating LNP support for the bill's core measures on national information sharing, but criticised Labor for internal division over the section 439 amendment, suggesting the minister had been rolled by Labor committee members.
“As I said in a recent debate on counterterrorism laws, the LNP will always support sensible measures that keep our community safe.”— 2016-09-14View Hansard
Supported the bill as proposed to be amended and defended the government committee members' statement of reservation recommending deletion of the section 439 PPRA amendment based on evidence from the QCCL and Queensland Law Society.
“I rise to support the Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016 as it is proposed to be amended, and I thank the minister and those government members for their support in examining this particular bill.”— 2016-09-14View Hansard
Supported the bill's merit in strengthening national law enforcement information sharing, particularly for her cross-border community, and welcomed the government's decision to drop the section 439 amendment while criticising Labor's consultation process.
“In closing, without doubt this bill has merit, particularly in relation to strengthening the national response to law enforcement intelligence and sharing.”— 2016-09-14View Hansard
Spoke in support of the bill and defended the government committee members' statement of reservation on section 439, invoking the Fitzgerald inquiry's warnings against verballing.
“I rise to speak in support of the Australian Crime Commission (Queensland) and Other Legislation Amendment Bill.”— 2016-09-14View Hansard
Focused on the section 439 PPRA amendment, referencing historical verballing cases such as Lorelle Saunders, Walter John Anderson and Kelvin Ronald Condren, and commended the minister for moving the amendment to remove clause 12.
“The government members rightly raise the question of section 439 and correctly refute the arguments for its amendment... I commend the minister for moving the amendment to amend the amendment.”— 2016-09-14View Hansard
Supported the bill's objectives to facilitate the CrimTrac-ACC merger and address police and fire services operational priorities, and welcomed the minister's acceptance of the committee's amendment to omit clause 12.
“I am pleased to see that the minister has amended the bill to reflect those concerns by omitting the redrafting of section 439 of the PPRA.”— 2016-09-14View Hansard
Supported the bill and highlighted the practical importance of the amendment enabling lawful arrest at another officer's instruction, addressing the Bulsey 2015 Court of Appeal decision.
“I encourage all members of the House to support the bill.”— 2016-09-14View Hansard
Supported the bill, focusing on how the CrimTrac-ACC merger will assist in the fight against domestic violence through the National Domestic Violence Order Information Sharing System.
“I rise to speak in support of the Australian Crime Commission (Queensland) and Other Legislation Amendment Bill 2016.”— 2016-09-14View Hansard
Supported the bill, noting the amendments enhance public safety by strengthening information sharing, expanding detection dog powers, clarifying knife possession offences in vehicles, and empowering fire officers.
“The amendments before the House are about enhancing public safety in Queensland.”— 2016-09-14View Hansard
Supported the bill as amended, highlighting the importance of firearms and explosives detection dogs ahead of the 2018 Commonwealth Games and applauding the government committee members' stance on section 439.
“I commend the bill, as amended, to the House.”— 2016-09-14View Hansard
▸In Detail14 Sept 2016View Hansard
Omit clause 12 from the bill, removing the proposed redraft of section 439 of the Police Powers and Responsibilities Act 2000 which would have allowed judicial discretion to admit evidence of unrecorded admissions or confessions. The amendment was made in deference to the committee's statement of reservation and in response to concerns from the Queensland Council for Civil Liberties and Queensland Law Society about potential re-emergence of 'verballing'.
That the amendment be agreed to
The motion passed.
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Ayes (44)
Noes (42)
At consideration in detail, moved to omit clause 12 (the section 439 PPRA amendment), acknowledging the clause had merit but required broader consultation before proceeding.
“It does not mean that there is not merit in the clause; it is simply inappropriate for it to go forward at this point without it being fully considered more broadly.”— 2016-09-14View Hansard
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