Police Powers and Responsibilities and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill amends ten pieces of legislation to modernise police powers, strengthen domestic violence protections, improve prostitution regulation enforcement, and reform weapons licensing. It clarifies that police can access cloud-based and social media data from digital devices under warrant, and makes a range of operational improvements for the Queensland Police Service.
Who it affects
The bill has the widest impact on people who interact with the criminal justice system, firearms licence holders, sex workers and brothel operators, and victims of domestic and family violence.
Digital device access powers
Updates five Acts to make clear that police and CCC officers can access any information on or through a digital device under warrant, including social media, email, and cloud services. This addresses ambiguity in existing law about whether 'stored information' covers cloud-based data.
- Replaces 'stored information' with 'device information' to cover cloud services, social media, and email
- Updates definitions across the PPRA, CCA, Criminal Code, child protection, and public safety legislation
- Moves the 'reasonable excuse' defence into the Criminal Code offence provision for consistency
Domestic and family violence
Adds a power for police to search DFV respondents for weapons before transporting them under a direction to move. Also allows civilian QPS staff to share DFV information, improving response times for urgent requests.
- Police can search DFV respondents for harmful items before transport
- Civilian QPS staff can now share information under Part 5A of the DFVPA, not just sworn officers
- Seized items must be handled under PPRA procedures including issuing a receipt
Prostitution regulation
Gives Prostitution Licensing Authority officers direct powers to enter, search, and seize evidence at licensed brothels. Previously the PLA relied on goodwill of brothel operators or had to call police for access.
- PLA officers gain powers to enter, search, seize, and require documents at licensed brothels
- Breach of licence conditions reduced from an indictable offence (200 penalty units or 5 years) to a simple offence (20 penalty units)
- Three-year ineligibility period removed for licence cancellation due to non-payment of fees
- New offence of obstructing a PLA officer with a maximum penalty of 60 penalty units
Weapons licensing
Modernises firearms definitions and tightens controls on weapon modifications. Extends the licence suspension period to give licensees more time to demonstrate fitness.
- Definition of 'magazine' updated to cover both detachable and integral magazines
- Weapons licence suspension period extended from 30 to 90 days
- Armourers must verify a person's licence before modifying a firearm that changes its category (100 penalty units for non-compliance)
- Armourers must record modifications and notify Weapons Licensing within 14 days
Police operational efficiencies
Makes several practical improvements to police operations, including allowing voluntary transfer of low-value impounded vehicles, reducing found property holding times, and broadening controlled operation approvals.
- Owners of impounded vehicles can transfer ownership to the State, ending storage costs
- Found property minimum holding period reduced from 60 to 30 days
- Controlled operations can be approved by a wider range of senior officers
- Surveillance device warrants for named persons now explicitly cover vehicles
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee18 Sept 2019View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over seven weeks, receiving ten submissions and holding a public briefing and hearing. The committee recommended the bill be passed. The Queensland Law Society raised significant concerns about the breadth of expanded electronic device access powers, arguing they could allow police unfettered access to digital information of people not suspected of any offence. Sex worker organisations strongly opposed proposed amendments to the Prostitution Act, and the Minister subsequently withdrew those provisions, referring sex industry regulation to the Queensland Law Reform Commission instead.
Key findings (5)
- The bill clarifies police powers to access information on or through electronic devices, replacing the ambiguous term 'stored information' with 'device information' to cover cloud, email and social media data.
- The Queensland Law Society strongly opposed the electronic device access amendments, arguing they grant extraordinarily broad powers with no requirement that police demonstrate reasonable grounds to access a specific device or account.
- The Queensland Police Service maintained the amendments do not expand existing powers but merely clarify terminology to resolve ambiguity identified in three sets of legal advice.
- Proposed amendments to the Prostitution Act were withdrawn after sex worker organisations raised concerns about expanded police and PLA powers of entry, the removal of anti-corruption protections, and risks to sex workers' privacy and safety.
- The committee identified fundamental legislative principle concerns regarding self-incrimination, search powers in domestic violence situations, and delegation of controlled operation approvals, but found all were justified by law enforcement and public safety considerations.
Recommendations (1)
- The committee recommends that the Police Powers and Responsibilities and Other Legislation Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading19 Feb 2020View Hansard
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)
▸26 members spoke25 support1 mixed
Supported the bill's amendments to the Weapons Act and Domestic and Family Violence Protection Act, praising the clarity it provides for police powers to access digital devices to investigate serious crimes.
“This is essential to not only provide better protection for our victims but also ensure perpetrators are caught and put where they can no longer do any further harm.”— 2020-02-20View Hansard
As Minister for Police, moved the second reading and outlined the bill's key provisions, including clarifying police access to digital devices and cloud services, domestic violence information sharing, and weapons licensing changes. Noted amendments to remove Prostitution Act provisions.
“This bill will advance the safety and security of the Queensland community and provide efficiencies and improved operability for the Queensland Police Service.”— 2020-02-19View Hansard
Welcomed the amendments enabling police access to cloud services and electronic information, particularly to combat child sex offenders. Noted LNP support for tougher measures on crime.
“The LNP supports tougher measures on crime, especially those which target child sex offenders. 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 minister, confirmed the LNP's support for the bill's police powers enhancements. Welcomed the withdrawal of Prostitution Act amendments and warned that watering down penalties for breaches should not be supported.
“The LNP will always support things which make the job of the police simpler and which allow them to compete with the criminals who are trying to evade detection, investigation and prosecution.”— 2020-02-19View Hansard
Supported the bill as a positive step forward, highlighting endorsements from Bravehearts and Rape & Domestic Violence Services Australia for the information sharing and digital access provisions.
“When we read through the submissions to the committee, overall we can see that the proposed legislation is a positive step forward.”— 2020-02-20View Hansard
Spoke in support of the bill, focusing on clarifying access information provisions for digital devices and the removal of ambiguity around cloud services.
“While evolving technology provides many benefits for society, it also provides an opportunity for crime to flourish.”— 2020-02-19View Hansard
Supported the bill, citing endorsements from the Queensland Police Union, Soroptimist International and Bravehearts. Highlighted the practical benefits for police in processing domestic violence cases more efficiently.
“It really is important for these particular access rules to be put into place.”— 2020-02-20View Hansard
Supported the bill as a good piece of legislation, particularly the digital access provisions and weapons licensing changes. Expressed caution about concentrating prostitution enforcement powers in one institution.
“It is a good bill. The LNP will not be opposing it.”— 2020-02-19View Hansard
As the minister introducing the bill, defended its provisions in reply, emphasising the need for police to keep pace with technology to protect vulnerable community members from cybercrime and sexual predators.
“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
As a former police officer, provided detailed technical support for the bill's digital device access provisions and domestic violence information sharing amendments, drawing on her experience rolling out DV law reforms.
“I can assure Queenslanders that this is not an extension of police powers but rather a clarification of the original legislation to ensure that it works as intended.”— 2020-02-19View Hansard
Spoke briefly in support of the bill's provisions to help police access digital evidence and the weapons licensing changes.
“Our police do a fabulous job in an increasingly challenging environment.”— 2020-02-19View Hansard
Spoke in support of the bill, focusing on the importance of police powers keeping pace with technology to combat child exploitation and other serious crimes.
“Technology is evolving at a pace that our laws sometimes struggle to keep up with.”— 2020-02-19View Hansard
Supported the bill's provisions to enhance police powers, particularly around digital device access and domestic violence protections. Also supported the weapons licensing changes.
“We on this side of the House will always support our police and give them the tools they need to do their job.”— 2020-02-19View Hansard
As a former police officer, supported the bill and shared personal experience of the challenges police face investigating crimes involving digital technology.
“This bill is about giving our police the tools they need to do their job effectively.”— 2020-02-19View Hansard
Spoke in support of the bill, focusing on the domestic violence provisions and the importance of information sharing between agencies.
“The provision allows for government departments to share information where it is in the interests of the safety of the victims and their families.”— 2020-02-19View Hansard
Supported the bill's provisions to give police the tools to combat crime involving digital technology.
“We support giving police the powers they need.”— 2020-02-19View Hansard
Spoke in support of the bill, emphasising the need to keep police powers current with technological advances.
“This bill ensures our police can keep pace with criminals who use technology to commit offences.”— 2020-02-19View Hansard
Broadly supported the bill's provisions on digital evidence access and weapons licensing. As a gun owner, appreciated the extension of the suspension period from 30 to 90 days.
“I do not have strong views on many of the amendments.”— 2020-02-19View Hansard
Supported the bill's provisions to strengthen police powers against child sex offenders and other criminals using digital technology.
“This bill gives our police the clarity they need to access critical evidence.”— 2020-02-19View Hansard
As a former police officer, supported the bill and highlighted the practical challenges police face when digital evidence is stored in cloud services.
“These amendments will ensure our police can access the evidence they need regardless of where it is stored.”— 2020-02-19View Hansard
Supported the bill and discussed weapons licensing changes in detail, including the extended suspension period and armourer obligations. Hoped the new requirements would not add excessive bureaucracy for firearms dealers.
“As I said, we will not oppose this bill. I hope the process is nice and streamlined for those who have to comply.”— 2020-02-19View Hansard
Broadly supported the bill but opposed the change to the definition of 'magazine', arguing there was no evidence to justify it and it could inadvertently reduce rights of licensed firearm owners.
“If there is no evidence to say why it should be done, then I would be erring on the side of caution the other way and saying not to do it because in all likelihood there could be inadvertent effects from this down the track.”— 2020-02-19View Hansard
Supported the bill, focusing on the cloud access provisions and the domestic violence amendments. Acknowledged Campbell Newman's role in initiating the Not now, not ever report on domestic violence.
“When we balance the need as opposed to whether or not the outcome is commensurate with the protection required, one must simply say yes.”— 2020-02-19View Hansard
Supported the bill's provisions on digital evidence access and domestic violence, while noting the Prostitution Act amendments had been appropriately removed for separate consideration.
“Police need to use modern technology to keep up with crimes that are exacerbated by the use of modern technology.”— 2020-02-19View Hansard
Supported the bill's digital evidence provisions and weapons licensing changes. Criticised the government's overall record on crime statistics while supporting giving police better investigative tools.
“I do not oppose the bill.”— 2020-02-19View Hansard
Supported the bill's provisions to help police keep pace with technology, emphasising the need to balance privacy with effective law enforcement.
“Our police do a fabulous job in an increasingly challenging environment.”— 2020-02-19View Hansard
▸In Detail20 Feb 2020View Hansard
Omit clause 19, which related to general power to enter to make inquiries, investigations or serve documents under the Prostitution Act.
Omit the heading of Part 7 (Amendment of Prostitution Act 1999).
Omit clauses 51 to 68 (amendments Nos 3 to 20), removing all proposed amendments to the Prostitution Act 1999. These clauses would have reduced penalties for brothel licence breaches from five years imprisonment to $2,600 fines, which the government agreed to withdraw and refer to the Queensland Law Reform Commission instead.
Omit reference to 'the Prostitution Act 1999' from the long title of the bill, consequential to the removal of the prostitution-related clauses.
▸1 clause vote (all passed)
That clauses 69 to 97, as read, stand part of the bill
Vote on whether to retain the weapons-related clauses including new definitions of magazine capacity. KAP, NQF and PHON opposed these clauses arguing they were unnecessary and could affect licensed firearm owners, while ALP, LNP and Greens supported retaining them.
The motion passed.
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Ayes (81)
Thanked the minister for removing the prostitution-related clauses which the LNP had grave concerns about, particularly the proposed reduction in penalties for serious breaches like employing underage sex workers. With those clauses removed, confirmed support for all other aspects of the bill.
“I would put it to anybody in this House that if a legal brothel was employing a 16-year-old that would be a serious breach and should attract a much more serious penalty than just over $2½ thousand.”— 2020-02-20View Hansard
Opposed clauses 69-97 relating to weapons magazine capacity definitions, arguing there was no evidence provided to justify the changes and preferring to protect the rights of licensed firearm owners. Voted against those clauses but did not oppose the bill overall.
“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
Questioned the necessity of the weapons magazine clauses, arguing existing legislation already adequately stipulates ammunition limits for category C and D firearms.
“There are already laws in place that stipulate the amount of ammunition in magazines, and that is clearly defined.”— 2020-02-20View Hansard
Assent date: 5 September 2019
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