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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
TERRORISM (COMMUNITY
SAFETY) AMENDMENT BILL
2004
Queensland
TERRORISM (COMMUNITY SAFETY)
AMENDMENT BILL 2004
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CRIME AND MISCONDUCT
ACT 2001
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new ch 1, pt 4, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 5--Terrorist acts
22A Meaning of "terrorist act" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 121 (Surveillance warrant applications) . . . . . . . . . . . . . . 8
6 Amendment of s 123 (Consideration of application for
surveillance warrant) ..................................... 9
7 Amendment of s 124 (Issue of surveillance warrant) . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 157 (Application of pt 8) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 160 (Consideration of application) . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 162 (What additional powers warrant must state) . . . . . . . 10
11 Amendment of s 165 (Powers under additional powers warrant) . . . . . . . . . 10
12 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 3--AMENDMENT OF CRIMINAL CODE
13 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Insertion of new s 469A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
469A Sabotage and threatening sabotage . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Terrorism (Community Safety) Amendment Bill 2004
PART 4--AMENDMENT OF DISTRICT COURT OF
QUEENSLAND ACT 1967
15 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Amendment of s 61 (Limited criminal jurisdiction if maximum penalty
more than 14 years) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 5--AMENDMENT OF FREEDOM OF INFORMATION
ACT 1992
17 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
18 Amendment of s 32 (Deletion of exempt matter) . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 35 (Information as to existence of certain documents) . . . 14
20 Amendment of s 42 (Matter relating to law enforcement or public safety) . 14
21 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
42A Matter relating to national or State security. . . . . . . . . . . . . . . . . . . . 14
22 Amendment of s 71 (Functions of commissioner) . . . . . . . . . . . . . . . . . . . . 15
23 Amendment of s 84 (Review of Minister's certificates) . . . . . . . . . . . . . . . . 15
24 Amendment of s 87 (Commissioner to ensure non-disclosure of
certain matter) ............................................. 15
25 Amendment of s 90 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 8--TRANSITIONAL PROVISION FOR TERRORISM
(COMMUNITY SAFETY) AMENDMENT ACT 2004
111 Matter relating to national or State security. . . . . . . . . . . . . . . . . . . . 16
PART 6--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
27 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Amendment of s 124 (Surveillance warrant applications) . . . . . . . . . . . . . . 16
29 Amendment of s 126 (Consideration of application for
surveillance warrant) ..................................... 17
30 Amendment of s 127 (Issue of surveillance warrant) . . . . . . . . . . . . . . . . . . 17
31 Amendment of s 128 (What surveillance warrant must state) . . . . . . . . . . . 18
32 Insertion of new s 147A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
147A Meaning of "terrorist act" and "terrorism" for div 6 . . . . . . . . . . . . . 18
33 Amendment of s 148 (Covert search warrant applications) . . . . . . . . . . . . . 20
34 Amendment of s 150 (Consideration of application) . . . . . . . . . . . . . . . . . . 20
35 Amendment of s 151 (Issue of covert search warrant) . . . . . . . . . . . . . . . . . 20
3
Terrorism (Community Safety) Amendment Bill 2004
36 Amendment of s 152 (What covert search warrant must state). . . . . . . . . . . 21
37 Amendment of s 155 (Powers under covert search warrant). . . . . . . . . . . . . 21
38 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 7--AMENDMENT OF POLICE SERVICE
ADMINISTRATION ACT 1990
39 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
40 Insertion of new s 5.17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
5.17 Authorisation of non-State police officers . . . . . . . . . . . . . . . . . . . . . 22
PART 8--AMENDMENT OF WEAPONS ACT 1990
41 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
42 Amendment of s 2 (Application of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 9--AMENDMENT OF WITNESS PROTECTION ACT 2000
43 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
44 Replacement of pt 3 hdg (Protecting identity of protected witnesses
and former protected witnesses) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
45 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
20A New identity for witness protection officer . . . . . . . . . . . . . . . . . . . . 25
46 Amendment of s 36 (Offence of disclosures about protected witnesses) . . . 25
2004
A BILL
FOR
An Act to amend particular Acts to increase community safety, and for
other purposes
s1 6 s4
Terrorism (Community Safety) Amendment Bill 2004
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Terrorism (Community Safety) Amendment 4
Act 2004. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF CRIME AND 8
MISCONDUCT ACT 2001 9
3 Act amended in pt 2
Clause 10
This part amends the Crime and Misconduct Act 2001. 11
4 Insertion of new ch 1, pt 4, div 5
Clause 12
Chapter 1, part 4, after division 4-- 13
insert-- 14
`Division 5--Terrorist acts 15
`22A Meaning of "terrorist act" 16
`(1) An action is a "terrorist act" if-- 17
(a) it does any of the following-- 18
(i) causes serious harm that is physical harm to a person; 19
(ii) causes serious damage to property; 20
s4 7 s4
Terrorism (Community Safety) Amendment Bill 2004
(iii) causes a person's death; 1
(iv) endangers the life of someone other than the person taking 2
the action; 3
(v) creates a serious risk to the health or safety of the public or a 4
section of the public; 5
(vi) seriously interferes with, seriously disrupts, or destroys an 6
electronic system; and 7
(b) it is done with the intention of advancing a political, religious or 8
ideological cause; and 9
(c) it is done with the intention of-- 10
(i) coercing, or influencing by intimidation, the government of 11
the Commonwealth, a State or a foreign country, or of part 12
of a State or a foreign country; or 13
(ii) intimidating the public or a section of the public. 14
`(2) A threat of action is a "terrorist act" if-- 15
(a) the threatened action is likely to do anything mentioned in 16
subsection (1)(a)(i) to (vi); and 17
(b) the threat is made with the intentions mentioned in 18
subsection (1)(b) and (c). 19
`(3) However, an action or threat of action is not a "terrorist act" if the 20
action or threatened action-- 21
(a) is advocacy, protest, dissent or industrial action; and 22
(b) is not intended-- 23
(i) to cause serious harm that is physical harm to a person; or 24
(ii) to cause a person's death; or 25
(iii) to endanger the life of a person, other than the person taking 26
the action; or 27
(iv) to create a serious risk to the health or safety of the public or 28
a section of the public. 29
`(4) A reference in this section to a person or property is a reference to a 30
person or property wherever situated, within or outside the State (including 31
within or outside Australia). 32
s5 8 s5
Terrorism (Community Safety) Amendment Bill 2004
`(5) In this section-- 1
"electronic system" includes any of the following electronic systems-- 2
(a) an information system; 3
(b) a telecommunications system; 4
(c) a financial system; 5
(d) a system used for the delivery of essential government services; 6
(e) a system used for, or by, an essential public utility; 7
(f) a system used for, or by, a transport system. 8
"physical harm" includes unconsciousness, pain, disfigurement, infection 9
with a disease and physical contact with a person that the person 10
might reasonably object to in the circumstances (whether or not the 11
person was aware of it at the time). 12
"public" includes the public of another State or of a country other than 13
Australia. 14
"serious harm" means harm, including the cumulative effect of any harm, 15
that-- 16
(a) endangers, or is likely to endanger, a person's life; or 17
(b) is, or is likely to be, significant and longstanding. 18
"threat" includes a threat made by conduct, whether express or implied 19
and whether conditional or unconditional.'. 20
5 Amendment of s 121 (Surveillance warrant applications)
Clause 21
(1) Section 121(5) to (7)-- 22
renumber as section 121(6) to (8). 23
(2) Section 121-- 24
insert-- 25
`(5) The place specified in the application (the "relevant place") may be 26
a public place and may be described by reference to a class of place.'. 27
s6 9 s8
Terrorism (Community Safety) Amendment Bill 2004
6 Amendment of s 123 (Consideration of application for
Clause 1
surveillance warrant) 2
(1) Section 123(b)(ii), `place'-- 3
omit, insert-- 4
`relevant place'. 5
(2) Section 123(d), after `the relevant person'-- 6
insert-- 7
`or the relevant place'. 8
7 Amendment of s 124 (Issue of surveillance warrant)
Clause 9
Section 124(1)-- 10
omit, insert-- 11
`(1) After considering the application, the judge may issue a surveillance 12
warrant for a period of not more than 30 days if satisfied there are 13
reasonable grounds for believing-- 14
(a) the relevant person has been, is, or is likely to be, involved in the 15
major crime or misconduct and is likely to be at the relevant 16
place; or 17
(b) evidence of the commission of the major crime or misconduct is 18
likely to be obtained using a surveillance device at the relevant 19
place.'. 20
8 Amendment of s 157 (Application of pt 8)
Clause 21
(1) Section 157, after `misconduct investigation'-- 22
insert-- 23
`or a crime investigation relating to terrorism'. 24
(2) Section 157-- 25
insert-- 26
`(2) In this section-- 27
"terrorism" includes something that is-- 28
s9 10 s 12
Terrorism (Community Safety) Amendment Bill 2004
(a) preparatory to the commission of terrorism; or 1
(b) undertaken to avoid detection of, or prosecution for, terrorism.'. 2
9 Amendment of s 160 (Consideration of application)
Clause 3
Section 160(a), after `misconduct'-- 4
insert-- 5
`or terrorism'. 6
10 Amendment of s 162 (What additional powers warrant must
Clause 7
state) 8
Section 162(b), after `misconduct'-- 9
insert-- 10
`or terrorism'. 11
11 Amendment of s 165 (Powers under additional powers warrant)
Clause 12
Section 165(1)(c)-- 13
omit, insert-- 14
`(c) power to require a person to give to the commission or officer 15
1 or more sworn affidavits or statutory declarations relating to the 16
property of, financial transactions of, or movements of money or 17
other assets by-- 18
(i) for a misconduct investigation--a person holding an 19
appointment in a unit of public administration or someone 20
associated with the person holding the appointment; or 21
(ii) for a crime investigation relating to terrorism--a person 22
being investigated or a suspected associate of the person 23
being investigated.'. 24
12 Amendment of sch 2 (Dictionary)
Clause 25
(1) Schedule 2-- 26
insert-- 27
s 13 11 s 14
Terrorism (Community Safety) Amendment Bill 2004
` "relevant place", in relation to an application to a judge for a 1
surveillance warrant, see section 121. 2
"terrorism" means criminal activity that involves a terrorist act. 3
"terrorist act" see section 22A.'. 4
(2) Schedule 2, definition "major crime", paragraph (d)-- 5
omit, insert-- 6
`(d) terrorism; or 7
(e) something that is-- 8
(i) preparatory to the commission of criminal paedophilia, 9
organised crime or terrorism; or 10
(ii) undertaken to avoid detection of, or prosecution for, 11
criminal paedophilia, organised crime or terrorism.'. 12
PART 3--AMENDMENT OF CRIMINAL CODE 13
13 Act amended in pt 3
Clause 14
This part amends the Criminal Code. 15
14 Insertion of new s 469A
Clause 16
Before section 470-- 17
insert-- 18
`469A Sabotage and threatening sabotage 19
`(1) A person who wilfully and unlawfully destroys or damages a public 20
facility with intent to cause-- 21
(a) major disruption to government functions; or 22
(b) major disruption to the use of services by the public; or 23
(c) major economic loss; 24
is guilty of a crime. 25
Maximum penalty--25 years imprisonment. 26
s 14 12 s 14
Terrorism (Community Safety) Amendment Bill 2004
`(2) A person who threatens to commit sabotage is guilty of a crime. 1
Maximum penalty--14 years imprisonment. 2
`(3) For subsection (2), a person threatens to commit sabotage if-- 3
(a) the person threatens to unlawfully destroy or damage a public 4
facility; and 5
(b) the threat is made with the intention of inducing in someone else 6
a belief that the threat will be carried out; and 7
(c) if the threat were to be carried out, the threatened destruction or 8
damage would be likely to cause-- 9
(i) major disruption to government functions; or 10
(ii) major disruption to the use of services by the public; or 11
(iii) major economic loss. 12
`(4) A person can not be prosecuted for an offence against subsection (1) 13
or (2) without a Crown Law Officer's consent. 14
`(5) In this section-- 15
"damage", a public facility, includes disrupt the operation or use of the 16
facility. 17
"government entity" means-- 18
(a) the State; or 19
(b) a State instrumentality, agency, authority or entity; or 20
(c) a corporate entity established by an Act or that is of a description 21
of a corporate entity provided for by an Act that, in either case, 22
collects revenues or raises funds under the authority of an Act; or 23
(d) a government owned corporation; or 24
(e) another State, the Commonwealth, a local government or a local 25
government of another State; or 26
(f) another entity performing a government function. 27
"government functions" means functions of the State, another State, the 28
Commonwealth, a local government or a local government of another 29
State. 30
"public facility" means any of the following, whether publicly or privately 31
owned-- 32
s 15 13 s 17
Terrorism (Community Safety) Amendment Bill 2004
(a) premises or another place occupied by a government entity; 1
(b) a public infrastructure facility, including-- 2
(i) infrastructure for a water or sewerage service; and 3
(ii) a facility for supplying energy or fuel to the public; and 4
(iii) a facility for a telecommunication system; and 5
(iv) roads, railways, equipment, vehicles and other infrastructure 6
for public transport; and 7
(v) other infrastructure for a community service; 8
(c) a public place.'. 9
PART 4--AMENDMENT OF DISTRICT COURT OF 10
QUEENSLAND ACT 1967 11
15 Act amended in pt 4
Clause 12
This part amends the District Court of Queensland Act 1967. 13
16 Amendment of s 61 (Limited criminal jurisdiction if maximum
Clause 14
penalty more than 14 years) 15
Section 61(2)(b), `or 469'-- 16
omit, insert-- 17
`, 469 or 469A'. 18
PART 5--AMENDMENT OF FREEDOM OF 19
INFORMATION ACT 1992 20
17 Act amended in pt 5
Clause 21
This part amends the Freedom of Information Act 1992. 22
s 18 14 s 21
Terrorism (Community Safety) Amendment Bill 2004
18 Amendment of s 32 (Deletion of exempt matter)
Clause 1
Section 32(a), `37 or 42'-- 2
omit, insert-- 3
`37, 42 or 42A'. 4
19 Amendment of s 35 (Information as to existence of certain
Clause 5
documents) 6
Section 35(1) and (2), `37 or 42'-- 7
omit, insert-- 8
`37, 42 or 42A'. 9
20 Amendment of s 42 (Matter relating to law enforcement or public
Clause 10
safety) 11
Section 42(1)(g)-- 12
insert-- 13
14
`Example--
15
A safety report for a major hazard facility under the Dangerous Goods
16
Safety Management Act 2001, section 47, may include exempt matter.'.
21 Insertion of new s 42A
Clause 17
After section 42-- 18
insert-- 19
`42A Matter relating to national or State security 20
`(1) Matter is exempt matter if its disclosure could reasonably be 21
expected to damage the security of the Commonwealth or a State. 22
`(2) For subsection (1), the matters relevant to the security of the 23
Commonwealth include-- 24
(a) matters relating to detecting, preventing or suppressing activities, 25
whether within or outside Australia, that are subversive of, or 26
hostile to, the interests of the Commonwealth or a country allied 27
or associated with the Commonwealth; and 28
s 22 15 s 24
Terrorism (Community Safety) Amendment Bill 2004
(b) the security of a communications system or cryptographic 1
system of the Commonwealth or another country used for-- 2
(i) the defence of the Commonwealth or a country allied or 3
associated with the Commonwealth; or 4
(ii) the conduct of the international relations of the 5
Commonwealth. 6
`(3) For subsection (1), the matters relevant to the security of a State 7
include matters relating to detecting, preventing or suppressing activities, 8
whether within or outside the State, that are subversive of, or hostile to, the 9
interests of the State. 10
`(4) A certificate signed by the Minister stating that specified matter 11
would, if it existed, be exempt matter mentioned in subsection (1) 12
establishes, subject to part 5,1 that, if the matter exists, it is exempt matter 13
under this section.'. 14
22 Amendment of s 71 (Functions of commissioner)
Clause 15
Section 71(2), `37 or 42'-- 16
omit, insert-- 17
`37, 42 or 42A'. 18
23 Amendment of s 84 (Review of Minister's certificates)
Clause 19
Section 84(1), `37 or 42'-- 20
omit, insert-- 21
`37, 42 or 42A'. 22
24 Amendment of s 87 (Commissioner to ensure non-disclosure of
Clause 23
certain matter) 24
Section 87(3), `37 or 42'-- 25
omit, insert-- 26
`37, 42 or 42A'. 27
28
1 Part 5 (External review of decisions)
s 25 16 s 28
Terrorism (Community Safety) Amendment Bill 2004
25 Amendment of s 90 (Delegation)
Clause 1
Section 90, `37 or 42'-- 2
omit, insert-- 3
`37, 42 or 42A'. 4
26 Insertion of new pt 8
Clause 5
After part 7-- 6
insert-- 7
`PART 8--TRANSITIONAL PROVISION FOR 8
TERRORISM (COMMUNITY SAFETY) AMENDMENT 9
ACT 2004 10
`111 Matter relating to national or State security 11
`Section 42A applies in relation to an application under this Act for 12
access to a document, or for the review of a decision under this Act about 13
access to a document, whether the application was made before or after the 14
commencement of that section.'. 15
PART 6--AMENDMENT OF POLICE POWERS AND 16
RESPONSIBILITIES ACT 2000 17
27 Act amended in pt 6
Clause 18
This part amends the Police Powers and Responsibilities Act 2000. 19
28 Amendment of s 124 (Surveillance warrant applications)
Clause 20
(1) Section 124(5) to (7)-- 21
renumber as section 124(6) to (8). 22
(2) Section 124-- 23
insert-- 24
s 29 17 s 30
Terrorism (Community Safety) Amendment Bill 2004
`(5) The place stated in the application (the "relevant place") may be a 1
public place and may be described by reference to a class of place.'. 2
29 Amendment of s 126 (Consideration of application for
Clause 3
surveillance warrant) 4
(1) Section 126(b)(ii), `place'-- 5
omit, insert-- 6
`relevant place'. 7
(2) Section 126(d), after `the relevant person'-- 8
insert-- 9
`or the relevant place'. 10
30 Amendment of s 127 (Issue of surveillance warrant)
Clause 11
(1) Section 127(2) and (3)-- 12
renumber as section 127(3) and (4). 13
(2) Section 127(1)-- 14
omit, insert-- 15
`(1) After considering the application, the judge may issue a surveillance 16
warrant for a period of not more than 30 days if satisfied there are 17
reasonable grounds for believing-- 18
(a) the relevant person has been, is, or is likely to be, involved in the 19
commission of an indictable offence and is likely to be at the 20
relevant place; or 21
(b) evidence of the commission of an indictable offence is likely to 22
be obtained using a surveillance device at the relevant place. 23
`(2) The warrant may authorise the use of a class A surveillance device 24
only if the offence is a serious indictable offence.'. 25
(3) Section 127(4) (as renumbered), example, `subsection 3(b)'-- 26
omit, insert-- 27
`subsection (4)(b)'. 28
s 31 18 s 32
Terrorism (Community Safety) Amendment Bill 2004
31 Amendment of s 128 (What surveillance warrant must state)
Clause 1
Section 128(f), `section 127(3)'-- 2
omit, insert-- 3
`section 127(4)'. 4
32 Insertion of new s 147A
Clause 5
Chapter 4, part 2, division 6, before section 148-- 6
insert-- 7
`147A Meaning of "terrorist act" and "terrorism" for div 6 8
`(1) An action is a "terrorist act" if-- 9
(a) it does any of the following-- 10
(i) causes serious harm that is physical harm to a person; 11
(ii) causes serious damage to property; 12
(iii) causes a person's death; 13
(iv) endangers the life of someone other than the person taking 14
the action; 15
(v) creates a serious risk to the health or safety of the public or a 16
section of the public; 17
(vi) seriously interferes with, seriously disrupts, or destroys an 18
electronic system; and 19
(b) it is done with the intention of advancing a political, religious or 20
ideological cause; and 21
(c) it is done with the intention of-- 22
(i) coercing, or influencing by intimidation, the government of 23
the Commonwealth, a State or a foreign country, or of part 24
of a State or a foreign country; or 25
(ii) intimidating the public or a section of the public. 26
`(2) A threat of action is a "terrorist act" if-- 27
(a) the threatened action is likely to do anything mentioned in 28
subsection (1)(a)(i) to (vi); and 29
(b) the threat is made with the intentions mentioned in 30
subsection (1)(b) and (c). 31
s 32 19 s 32
Terrorism (Community Safety) Amendment Bill 2004
`(3) However, an action or threat of action is not a "terrorist act" if the 1
action or threatened action-- 2
(a) is advocacy, protest, dissent or industrial action; and 3
(b) is not intended-- 4
(i) to cause serious harm that is physical harm to a person; or 5
(ii) to cause a person's death; or 6
(iii) to endanger the life of a person, other than the person taking 7
the action; or 8
(iv) to create a serious risk to the health or safety of the public or 9
a section of the public. 10
`(4) "Terrorism" is-- 11
(a) criminal activity that involves a terrorist act; or 12
(b) something that is-- 13
(i) preparatory to the commission of criminal activity that 14
involves a terrorist act; or 15
(ii) undertaken to avoid detection of, or prosecution for, 16
criminal activity that involves a terrorist act. 17
`(5) A reference in this section to a person or property is a reference to a 18
person or property wherever situated, within or outside the State (including 19
within or outside Australia). 20
`(6) In this section-- 21
"electronic system" includes any of the following electronic systems-- 22
(a) an information system; 23
(b) a telecommunications system; 24
(c) a financial system; 25
(d) a system used for the delivery of essential government services; 26
(e) a system used for, or by, an essential public utility; 27
(f) a system used for, or by, a transport system. 28
"physical harm" includes unconsciousness, pain, disfigurement, infection 29
with a disease and physical contact with a person that the person 30
might reasonably object to in the circumstances (whether or not the 31
person was aware of it at the time). 32
s 33 20 s 35
Terrorism (Community Safety) Amendment Bill 2004
"public" includes the public of another State or of a country other than 1
Australia. 2
"serious harm" means harm, including the cumulative effect of any harm, 3
that-- 4
(a) endangers, or is likely to endanger, a person's life; or 5
(b) is, or is likely to be, significant and longstanding. 6
"threat" includes a threat made by conduct, whether express or implied 7
and whether conditional or unconditional.'. 8
33 Amendment of s 148 (Covert search warrant applications)
Clause 9
(1) Section 148(1), after `organised crime'-- 10
insert-- 11
`or terrorism'. 12
(2) Section 148(2)(b), after `organised crime'-- 13
insert-- 14
`or terrorism'. 15
34 Amendment of s 150 (Consideration of application)
Clause 16
Section 150(a) and (b), after `offence'-- 17
insert-- 18
`or terrorism'. 19
35 Amendment of s 151 (Issue of covert search warrant)
Clause 20
Section 151(1), `there is, in or on a place, evidence of organised 21
crime.'-- 22
omit, insert-- 23
`evidence of organised crime or terrorism-- 24
(a) is at the place; or 25
(b) is likely to be taken to the place within the next 72 hours.'. 26
s 36 21 s 40
Terrorism (Community Safety) Amendment Bill 2004
36 Amendment of s 152 (What covert search warrant must state)
Clause 1
Section 152(b), after `issued'-- 2
insert-- 3
`or details of the terrorism for which the warrant was issued'. 4
37 Amendment of s 155 (Powers under covert search warrant)
Clause 5
Section 155(e) and (f), after `warrant'-- 6
insert-- 7
`or terrorism'. 8
38 Amendment of sch 4 (Dictionary)
Clause 9
Schedule 4-- 10
insert-- 11
` "relevant place", in relation to an application to a judge for a 12
surveillance warrant, see section 124. 13
"terrorism", for chapter 4, part 2, division 6, see section 147A(4). 14
"terrorist act", for chapter 4, part 2, division 6, see section 147A.'. 15
PART 7--AMENDMENT OF POLICE SERVICE 16
ADMINISTRATION ACT 1990 17
39 Act amended in pt 7
Clause 18
This part amends the Police Service Administration Act 1990. 19
40 Insertion of new s 5.17
Clause 20
Part 5, after section 5.16-- 21
insert-- 22
s 40 22 s 40
Terrorism (Community Safety) Amendment Bill 2004
`5.17 Authorisation of non-State police officers 1
`(1) This section applies if the commissioner reasonably believes-- 2
(a) a terrorist act has been committed or there is an imminent threat 3
of a terrorist act; and 4
(b) the help of a non-State police officer is urgently needed to enable 5
the Queensland Police Service to continue to perform its 6
functions effectively while responding to the terrorist act or 7
threat; and 8
(c) it is impracticable in the circumstances to appoint the officer as a 9
special constable. 10
`(2) The commissioner may authorise the non-State police officer to 11
exercise the powers of a police officer under the Police Powers and 12
Responsibilities Act 2000 (the "Police Act"). 13
`(3) The authorisation must name the non-State police officer. 14
`(4) The authorisation-- 15
(a) may be limited to stated powers; and 16
(b) may be limited to a stated time; and 17
(c) may be given on conditions. 18
`(5) The authorisation may be given orally or in writing but, if given 19
orally, must be put in writing as soon as reasonably practicable. 20
`(6) A failure to put the authorisation in writing does not invalidate the 21
authorisation or anything done under the authorisation. 22
`(7) While the authorisation is in force, the non-State police officer may 23
exercise the powers only-- 24
(a) in accordance with the authorisation; and 25
(b) subject to the directions of the commissioner or another State 26
police officer. 27
`(8) The Police Act applies to the non-State police officer, in relation to 28
the exercise of the powers, as if the officer were a State police officer. 29
`(9) The commissioner must ensure that, as soon as practicable after the 30
authorisation is given, the non-State police officer is given an appropriate 31
explanation of the officer's powers and responsibilities under the Police 32
Act. 33
s 40 23 s 40
Terrorism (Community Safety) Amendment Bill 2004
`(10) Part 10 applies to the non-State police officer as if the officer were 1
a State police officer. 2
`(11) The commissioner must revoke the authorisation as soon as the 3
commissioner is satisfied the non-State police officer's help is no longer 4
needed. 5
`(12) The revocation may be made orally or in writing but, if made 6
orally, must be put in writing as soon as reasonably practicable. 7
`(13) A failure to put the revocation in writing does not invalidate the 8
revocation. 9
`(14) The commissioner may only delegate the commissioner's 10
authorisation power to a State police officer of the rank of at least assistant 11
commissioner. 12
`(15) The commissioner must include, in the annual report for a financial 13
year, the following information about any authorisations made under this 14
section during the financial year relating to a terrorist act or threat-- 15
(a) the nature of the act or threat; 16
(b) the number of non-State police officers authorised and the police 17
force or service of which they were members; 18
(c) when the authorisations started and ended; 19
(d) the functions performed by the officers; 20
(e) the results of the authorisations, including benefits and problems. 21
`(16) This section does not purport to confer a duty on a federal police 22
officer to perform a function, or to exercise a power, if the conferral of the 23
duty would be beyond the legislative power of the Parliament of the State. 24
`(17) In this section-- 25
"authorisation power" means the power to give or revoke an authorisation 26
under this section. 27
"federal police officer" means a member of the Australian Federal Police. 28
"non-State police officer" means a police officer of a police force or 29
service of another State or a federal police officer. 30
"State police officer" means a police officer of the Queensland Police 31
Service. 32
"terrorist act" see the Police Powers and Responsibilities Act 2000, 33
section 147A.'. 34
s 41 24 s 45
Terrorism (Community Safety) Amendment Bill 2004
PART 8--AMENDMENT OF WEAPONS ACT 1990 1
41 Act amended in pt 8
Clause 2
This part amends the Weapons Act 1990. 3
42 Amendment of s 2 (Application of Act)
Clause 4
Section 2(1)(b), after `such member'-- 5
insert-- 6
`or when performing a function for the Queensland Police Service at the 7
request of the commissioner of the Queensland Police Service'. 8
PART 9--AMENDMENT OF WITNESS PROTECTION 9
ACT 2000 10
43 Act amended in pt 9
Clause 11
This part amends the Witness Protection Act 2000. 12
44 Replacement of pt 3 hdg (Protecting identity of protected
Clause 13
witnesses and former protected witnesses) 14
Part 3, heading-- 15
omit, insert-- 16
`PART 3--PROTECTING IDENTITIES'. 17
45 Insertion of new s 20A
Clause 18
After section 20-- 19
insert-- 20
s 46 25 s 46
Terrorism (Community Safety) Amendment Bill 2004
`20A New identity for witness protection officer 1
`(1) The chairperson may authorise a witness protection officer to use a 2
new identity if the chairperson is satisfied the use is reasonably 3
necessary-- 4
(a) for the proper administration of the program; or 5
(b) to ensure the officer's safety while administering the program. 6
`(2) If the chairperson gives an authorisation under subsection (1), the 7
chairperson may, in the way the chairperson considers appropriate, require 8
a person responsible for issuing an identity document-- 9
(a) to issue a document that is reasonably necessary-- 10
(i) to allow the officer to establish a new identity; or 11
(ii) to otherwise protect the officer; or 12
(iii) to restore the officer's former identity; and 13
(b) to make any necessary entry in a record kept by the person 14
relating to identity documents issued by the person. 15
`(3) The person must comply with the requirement. 16
`(4) Also, if the chairperson gives an authorisation under subsection (1), 17
section 20 applies as if a reference to a protected witness were a reference 18
to the officer. 19
`(5) This section has effect despite any other Act or law.'. 20
46 Amendment of s 36 (Offence of disclosures about protected
Clause 21
witnesses) 22
(1) Section 36, heading, after `witnesses'-- 23
insert-- 24
`or officers'. 25
(2) Section 36(1)-- 26
omit, insert-- 27
`(1) This section applies to the disclosure of information about any of the 28
following persons (a "relevant person")-- 29
(a) a person who is, or has been, included in the witness protection 30
program; 31
s 46 26 s 46
Terrorism (Community Safety) Amendment Bill 2004
(b) a witness protection officer for whom an authorisation has been 1
given under section 20A(1).'. 2
3
© State of Queensland 2003
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