Summary Offences and Other Legislation Amendment Bill 2019 (Qld)

An Act to amend the Police Powers and Responsibilities Act 2000, the State Penalties Enforcement Regulation 2014 and the Summary Offences Act 2005 to address the use of dangerous attachment devices The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Summary Offences and Other Legislation Amendment Act 2019.

Part 2 Amendment of Police Powers and Responsibilities Act 2000

2 Act amended This part amends the Police Powers and Responsibilities Act 2000.

3 Amendment of s 30 (Prescribed circumstances for searching persons without warrant) (1) Section 30— insert— (k) the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. (2) Section 30— insert— (2) For subsection (1)(k), a relevant lawful activity is disrupted by using a dangerous attachment device if the use— (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock (b) stops a person from entering or leaving a place of business; or (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

4 Amendment of s 32 (Prescribed circumstances for searching vehicle without warrant) (1) Section 32(1)— insert— (p) may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity. (2) Section 32— insert— (3) For subsection (1)(p), a relevant lawful activity is disrupted by using a dangerous attachment device if the use— (a) unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or Example— placing an obstacle, on a railway, that stops the passage of rolling stock (b) stops a person from entering or leaving a place of business; or (c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.