Queensland Consolidated Acts Queensland Consolidated Actsacquire, for chapter 3, part 6B, div 1, see section 146Q.
agency, for chapter 3, part 6B, div 1, see section 146Q.
appropriately qualified, for a delegation of power or committee membership under section 279, means having the qualifications, experience or standing appropriate to exercise the power or to be appointed.
Example of standing—
the level at which a person is employed in the commission
approving officer see section 139(2).
arrest warrant see section 167(1).
assistant commissioner means the assistant commissioner, crime or the assistant commissioner, misconduct.
assistant commissioner, crime see section 239.
assistant commissioner, misconduct see section 239.
at, a place, includes in or on the place.
attendance notice see section 82.
Australian Crime Commission means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7.
authorised civilian, for chapter 3, part 6B, div 1, see section 146Q.
authorised commission officer see section 272.
authorised identity officer, for chapter 3, part 6B, div 1, see section 146Q.
authorised person, for chapter 3, part 6B, div 1, see section 146Q.
authority, for chapter 3, part 6B, div 1, see section 146Q.
bipartisan support, of the parliamentary committee, means—
(a) support of the members of the parliamentary committee unanimously; or
(b) support of a majority of the members, other than a majority consisting wholly of members of the political party or parties in government in the Legislative Assembly.
birth certificate approval, for chapter 3, part 6B, div 1, see section 146Q.
boat includes a ship or other vessel of any size or type and however propelled or moved, including, for example, a rowing boat, a hovercraft and a submersible vessel.
chairperson means the chairperson of the commission.
civil confiscation function means the function of investigating confiscation related activities for the enforcement of the Confiscation Act.
commission means the Crime and Misconduct Commission.
commissioner means a person appointed as a commissioner under this Act.
commissioner of police means the commissioner of the police service.
commission hearing means a hearing conducted by the commission under this Act.
commission officer—
(a) means, generally—
(i) a commissioner; or
(ii) an assistant commissioner; or
(iii) a senior officer; or
(iv) a person employed under section 254 or seconded under section 255; or
(v) a person engaged under section 256; or
(vi) a police officer authorised by the chairperson under section 272(2); and
(b) in sections 295, 305(3), 314(2)(b)(ii), 318(4), 321(2), 322(3), 329 and 331(4), includes—
(i) a former commission officer; and
(ii) a person who was a commissioner or an officer of the commission under the Criminal Justice Act 1989; and
(iii) a person who was engaged by the commission under the Criminal Justice Act 1989, section 66; and
(iv) a person who was a commission member, or an officer or employee of the Queensland crime commission, under the Crime Commission Act 1997; and
(c) in chapter 3, part 6A—includes an officer or employee of a declared agency.
Note—
The reference to a declared agency is a reference to a declared agency within the meaning of that term as inserted by the Cross-Border Law Enforcement Legislation Amendment Act 2005.
commission report means a report prepared by the commission under chapter 2, part 6.
conduct, for chapter 1, part 4, division 2, see section 14.
conduct, for chapter 3, part 6B, div 1, see section 146Q.
confidentiality, in relation to the ground of confidentiality, means a ground recognised at law that giving an answer or disclosing a communication or document, would be a breach of an oath taken or statutory or commercial obligation or restriction to maintain secrecy.
Confiscation Act means the Criminal Proceeds Confiscation Act 2002.
confiscation order means any of the following under the Confiscation Act, chapter 2—
(a) a restraining order;
(b) a forfeiture order;
(c) a proceeds assessment order.
confiscation related activity means an activity in relation to which a confiscation order may be sought under the Confiscation Act.
confiscation related evidence means a thing or evidence of an activity that may be or provide evidence of something for which a proceeding, other than a proceeding for an offence, may be started under the Confiscation Act, chapter 2 and includes—
(a) a thing in which a person has an interest that is serious crime derived property; and
(b) a thing in which a person has an interest that is illegally acquired property of a person reasonably suspected of having been engaged in a serious crime related activity; and
(c) evidence of a serious crime related activity; and
(d) evidence of illegal activity of a person reasonably suspected of having engaged in a serious crime related activity; and
(e) property that is restrained under a restraining order under the Confiscation Act.
confiscation related investigation means an investigation the commission is conducting for the Confiscation Act, chapter 2.
controlled activity see section 146I(1)(b).
controlled operation see section 139(1).
convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.
court day means a day on which the court registry is open for business.
covert operative means a commission officer or another person named in an approval under section 144 as a covert operative.
covert search warrant see section 148.
Crime and Misconduct Commission means the Crime and Misconduct Commission established under section 220.
crime function see section 25.
crime investigation means an investigation conducted by the commission in the performance of its crime function.
criminal history, of a person, means—
(a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and
(b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.
criminal paedophilia—
1 Criminal paedophilia means criminal activity that involves any of the following—
(a) offences of a sexual nature committed in relation to children; or
(b) offences relating to obscene material depicting children.
2 It is immaterial whether the offence is committed in Queensland or elsewhere if the offender or the child is ordinarily resident in Queensland.
data surveillance device means any instrument, apparatus, equipment, program or other thing capable of being used to record or monitor, other than through visual recording or monitoring, the input of information into, or the output of information from, a computer.
deal with, a complaint about misconduct or information or matter involving misconduct, includes—
(a) investigate the complaint, information or matter; and
(b) gather evidence for—
(i) prosecutions for offences; or
(ii) disciplinary proceedings; and
(c) refer the complaint, information or matter to an appropriate authority to start a prosecution or disciplinary proceeding; and
(d) start a disciplinary proceeding; and
(e) take other action, including managerial action, to address the complaint in an appropriate way.
declared agency means an entity prescribed under a regulation as a declared agency for this Act.
deputy public interest monitor means a person appointed as a deputy public interest monitor under section 324.
disciplinary proceeding, for chapter 5, part 2, see section 219B.
doing a thing, for chapter 3, part 6B, div 1, see section 146Q.
dwelling—
1 A dwelling includes a building or other structure, or part of a building or other structure, kept by the owner or occupier (the owner) as a residence for the owner, a member of the owner's family or an employee of the owner.
2 In deciding whether a building or other structure is a dwelling, it is immaterial that the building or other structure is from time to time uninhabited.
3 A building or other structure adjacent to, and occupied with, a dwelling is part of the dwelling if it is connected to the dwelling, whether directly or by a covered and enclosed passage leading from the one to the other, but not otherwise.
4 A dwelling also includes a boat (other than an external deck of the boat) used or kept as a residence for the owner, a member of the owner's family or an employee of the owner.
enter a place, includes re-enter the place.
evidence—
(a) of the commission of major crime or misconduct, includes—
(i) a thing or activity that is or may provide evidence of the commission of the major crime or misconduct; and
(ii) a thing that will, itself or by or on scientific examination, provide evidence of the commission of the major crime or misconduct; and
(iii) a thing that is intended to be used for the purpose of committing the major crime or misconduct; and
(iv) a thing that may be liable to forfeiture; or
(b) of identity, for chapter 3, part 6B, see section 146Q.
forfeiture proceeding means—
(a) a proceeding for a forfeiture order or a restraining order under the Confiscation Act; or
(b) a proceeding for an order forfeiting or restraining the use of property under another Act.
general referral, for chapter 2, part 2, division 2, see section 27(4).
government issuing agency, for chapter 3, part 6B, div 1, see section 146Q.
holder of an appointment means the holder of an appointment in a unit of public administration as mentioned in section 21.
illegally acquired property means illegally acquired property under the Confiscation Act.
independent member, of the committee, means the independent member of the controlled operations committee under the Police Powers and Responsibilities Act 2000.
industrial matter, for chapter 5, part 2, see section 219B.
ineligible person means any of the following—
(a) a person who has been convicted, including by summary conviction, of an indictable offence;
(b) a person who is an insolvent under administration;
(c) a person holding judicial appointment;
(d) a member of the Legislative Assembly or the Executive Council;
(e) the parliamentary commissioner;
(f) a person appointed as the public interest monitor or a deputy public interest monitor under this Act or the Police Powers and Responsibilities Act 2000;
(fa) a person appointed to act as the public interest monitor or a deputy public interest monitor under this Act or the Police Powers and Responsibilities Act 2000;
(g) the director of public prosecutions;
(h) a member of the police service, or, other than in relation to appointment as a senior officer, a person who has been a member of the police service within the 5 years before the time at which the person's qualification for appointment arises;
(i) a public service employee;
(j) a person who holds an appointment on the staff of a Minister;
(k) a local government councillor;
(l) a local government employee.
insolvent under administration see the Corporations Act, section 9.
install, a surveillance device, includes maintain, replace and remove the device.
investigate includes examine and consider.
issuing agency, for chapter 3, part 6B, div 1, see section 146Q.
Leader of the House means the member who is recognised in the Legislative Assembly as the Leader of the House.
Leader of the Opposition means the member who is recognised in the Legislative Assembly as the Leader of the Opposition.
listening device means any instrument, apparatus, equipment or device capable of being used to overhear, record, monitor or listen to a private conversation when it is taking place.
major crime means—
(a) criminal activity that involves an indictable offence punishable on conviction by a term of imprisonment not less than 14 years; or
(b) criminal paedophilia; or
(c) organised crime; or
(d) terrorism; or
(e) something that is—
(i) preparatory to the commission of criminal paedophilia, organised crime or terrorism; or
(ii) undertaken to avoid detection of, or prosecution for, criminal paedophilia, organised crime or terrorism.
member, for a commission hearing, means the person conducting the hearing.
misconduct means official misconduct or police misconduct.
misconduct functions see section 33.
misconduct investigation means an investigation conducted by the commission in the performance of its misconduct function.
misconduct offence means alleged or suspected criminal conduct that may be—
(a) official misconduct; or
(b) misconduct under the Police Service Administration Act 1990.
monitor means the public interest monitor or a deputy public interest monitor.
monitoring order see section 119C.
non-government issuing agency, for chapter 3, part 6B, div 1, see section 146Q.
notice means written notice.
notice to discover see section 75.
notice to produce—
(a) for a crime investigation or the witness protection function—see section 74; or
(b) for a confiscation related investigation—see section 74A.
obscene material, depicting children, includes—
(a) a child abuse computer game under the Classification of Computer Games and Images Act 1995; and
(b) a child abuse publication or child abuse photograph under the Classification of Publications Act 1991; and
(c) a child abuse film under the Classification of Films Act 1991.
obstruct includes the following—
(a) hinder;
(b) attempt to obstruct.
officer—
(a) for chapter 3, part 6B, division 1, see section 146Q; or
(b) for chapter 5, part 2, see section 219B.
official misconduct see section 15.
organised crime means criminal activity that involves—
(a) indictable offences punishable on conviction by a term of imprisonment not less than 7 years; and
(b) 2 or more persons; and
(c) substantial planning and organisation or systematic and continuing activity; and
(d) a purpose to obtain profit, gain, power or influence.
otherwise unlawful activity means an unlawful act or omission of a person for which—
(a) because of chapter 3, part 6A it would be unlawful for the person to do or omit; or
(b) because of chapter 3, part 6A it would be lawful for the person to do or omit.
other witness protection activities, of the commission, means activities of the commission under the Witness Protection Act 2000 relating to interim protection agreements or short-term protection arrangements within the meaning of that Act.
parliamentary commissioner means the Parliamentary Crime and Misconduct Commissioner appointed under section 303.
parliamentary committee means the Parliamentary Crime and Misconduct Committee of the Legislative Assembly.
parliamentary service means the parliamentary service established under the Parliamentary Service Act 1988.
part-time commissioner means a commissioner other than the chairperson.
photograph includes photocopy, videotape and record an image.
place includes—
(a) premises; and
(b) vacant land; and
(c) a vehicle; and
(d) a place in Queensland waters; and
(e) a place held under 2 or more titles or owners.
police misconduct means conduct, other than official misconduct, of a police officer that—
(a) is disgraceful, improper or unbecoming a police officer; or
(b) shows unfitness to be or continue as a police officer; or
(c) does not meet the standard of conduct the community reasonably expects of a police officer.
police service means the Queensland Police Service.
police task force means a task force under the authority of the commissioner of police.
possession includes the following—
(a) custody;
(b) control.
post-search approval order see section 97.
premises includes—
(a) a building or structure, or part of a building or structure, of any type; and
(b) a group of buildings or structures, or part of a group of buildings or structures, of any type; and
(c) the land or water where a building or structure, or a group of buildings or structures, is situated; and
(d) a vehicle and a caravan; and
(e) a tent or cave; and
(f) premises held under 2 or more titles or owners.
prescribed person see section 50(3) and (4).
presiding officer, for a commission hearing, means the person conducting the hearing.
private conversation means any words spoken by one person to another person in circumstances that indicate—
(a) that those persons desire the words to be heard or listened to only by themselves; or
(b) that either of those persons desires the words to be heard or listened to only by themselves and by some other person;
but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person, not being a person who has the consent, express or implied, of either of those persons to do so.
privilege, in relation to an answer, information, communication or document, or thing means—
(a) in the context of a crime investigation or the witness protection function—
(i) legal professional privilege; or
(ii) self-incrimination privilege; or
(b) in the context of a misconduct investigation—
(i) legal professional privilege; or
(ii) public interest immunity; or
(iii) parliamentary privilege; or
(c) in the context of a confiscation related investigation—
(i) legal professional privilege; or
(ii) public interest immunity; or
(iii) parliamentary privilege; or
(iv) self-incrimination privilege;
and, in each context, includes a claim on the ground of confidentiality.
protected person means a person who is, or has been—
(a) included in the witness protection program; or
(b) given protection under the Witness Protection Act 2000, section 9 or part 2A.
Note—
The Witness Protection Act 2000, section 9 deals with interim protection and part 2A deals with arrangements for short-term protection.
public hearing means a hearing that is open to the public.
public interest monitor means the person appointed as the public interest monitor under section 324.
public official means—
(a) the ombudsman; or
(b) the chief executive officer of a unit of public administration, including the commissioner of police; or
(c) a person who constitutes a corporate entity that is a unit of public administration.
public prosecutor means the director, deputy director, or another lawyer appointed under the Director of Public Prosecutions Act 1984.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
reference committee means the Crime Reference Committee established under section 274.
referral, for chapter 2, part 2, division 2, see section 26A.
relevant person—
(a) in relation to an application to a judge for a surveillance warrant—see section 122; and
(b) in relation to an application to a judge for a covert search warrant—see section 149; and
(c) in relation to an application to a judge for an additional powers warrant—see section 159.
relevant place, in relation to an application to a judge for a surveillance warrant, see section 121.
reviewable decision, for chapter 5, part 2, see section 219B.
search warrant see section 86.
search warrant powers means the powers under section 92.
self-incrimination privilege means the privilege an individual may claim at law on the ground of self-incrimination.
senior officer, in chapter 6, part 1, means a person who, in the chairperson's opinion, is performing duties that would, if the person were a public service officer, be duties of a senior executive.
serious crime derived property see the Confiscation Act, section 23.
serious crime related activity see the Confiscation Act, section 16.
specific referral, for chapter 2, part 2, division 2, see section 27(2).
surveillance device means—
(a) for a crime investigation—
(i) a listening device; and
(ii) a visual surveillance device; and
(iii) a tracking device; and
(iv) a device containing any combination of the devices mentioned in subparagraphs (i), (ii) and (iii); and
(v) a data surveillance device; and
(b) for a misconduct investigation—a listening device.
surveillance warrant see section 121.
suspension order see section 119I.
terrorism means criminal activity that involves a terrorist act.
terrorist act see section 22A.
under this Act, for an act or omission to which section 335, 336 or 337 applies, includes an act done or omission made purportedly under this Act for the purposes of this Act.
unit of public administration see section 20.
use, for chapter 3, part 6B, div 1, see section 146Q.
vehicle includes aircraft and boat.
witness protection function means the function the commission has under the Witness Protection Act 2000 in relation to witness protection.
witness protection function hearing means a hearing to establish a reasonable excuse or claim of privilege in relation to a notice to produce issued, under section 74, in the context of the witness protection function.
witness protection program has the same meaning as in the Witness Protection Act 2000.