Police Powers and Responsibilities (Commonwealth Games) Amendment Bill 2017

Introduced: 14/2/2017By: Hon M Ryan MPStatus: PASSED with amendment

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Plain English Summary

Overview

This bill gives Queensland police temporary extra powers to keep crowds safe during the 2018 Gold Coast Commonwealth Games. It creates 'protective security zones' around Games venues, pedestrian routes and transport hubs where police can search people, vehicles and premises without a warrant, use detection dogs and direct crowds. The powers expire on 22 April 2018, one week after the Games end.

Who it affects

Anyone attending or passing through Games precincts on the Gold Coast, Brisbane, Cairns or Townsville can expect to be searched or directed by police without officers needing to suspect them of anything. Residents retain protection for their homes unless they consent or a serious safety risk exists.

Key changes

Creates 'protective security zones' around Games venues and transport hubs, set by regulation or urgently declared by the Police Commissioner
Police can stop, detain and frisk-search people in a zone without needing a reasonable suspicion
Police can stop, detain and search vehicles, including with electronic scanners like Backscatter vans
Police can enter and search non-residential premises without a warrant; homes only with consent or a genuine safety concern
Police can use firearms and explosives detection dogs to sweep zones and public places
Police can direct individuals or crowds to move, leave or wait for safety reasons
New chapter 19A of the PPRA expires on 22 April 2018, seven days after the Games close
Permanently removes the requirement to log searches conducted under the Major Events Act in the police enforcement register

How this affects you

Justice & Rights

•Police can search you, your bag or your car in a Games 'protective security zone' without needing to suspect you of anythingClause 4, sections 619J and 619KThe power for a police officer to search a person in a protective security zone under section 619J is not dependent on a police officer forming a reasonable suspicion.
•Police can enter and search non-residential premises in a zone without a warrant, but your home is still protected unless you consent or a serious safety risk existsClause 4, section 619LSubsection (1) does not authorise a police officer to enter premises where a person resides other than with the consent of the occupier or if a police officer reasonably suspects an offence likely to endanger safety.
•Police will not have to log these Games searches in the public enforcement register, and the same exemption becomes permanent for all future Major Events Act searchesClause 4 section 619E and Clause 5(5)The amendment to exempt the recording of searches by police officers under the MEA will not lapse at the end of the Games and will continue to apply to all future major events prescribed under the MEA.
•The extra police powers are temporary and expire on 22 April 2018, seven days after the Commonwealth Games finishClause 4, section 619QThis chapter expires on 22 April 2018.

Safety & Emergency

•Expect high-visibility police, metal detectors and sniffer dogs around Commonwealth Games venues, pedestrian routes and public transport hubsClause 4, sections 619J and 619MA police officer may use an electronic detection device, including a metal detector, on the person or the person's possessions, and use a firearms and explosives detection dog to carry out explosives detection.
•Police can direct you or your group to move, wait or leave a zone - by loud hailer if needed - to keep crowds flowing safelyClause 4, section 619PA police officer may, by using a loud hailer or an amplification system, give a direction to a group of persons to move to a stated place to avoid overcrowding.
•Vehicles entering Games precincts can be stopped and electronically scanned for explosives, including with machines like the Backscatter vanClause 4, section 619KUndertake an electronic inspection or search of the vehicle, including, for example, with a machine known as a Backscatter van.
•The Police Commissioner can urgently declare a new security zone if, for example, a suspicious item forces a last-minute change to a pedestrian approachClause 4, section 619HThe commissioner may by written order declare an area of land or water to be a protective security zone for a stated period if urgent action is required.

Bill Journey

Introduced14 Feb 2017

First Reading

Committee

Committee Report27 Apr 2017

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent5 June 2017

Sectors Affected

Criminal Law Policing Sport Public Transport

Classified using AGIFT/ANZSIC Australian government standards

Police Powers and Responsibilities (Commonwealth Games) Amendment Bill 2017

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Places

Roles & Offices

Sectors Affected

Source Documents