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 Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Sectors Affected
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