Queensland Consolidated Acts Queensland Consolidated Actsabate, for noise, includes prevent, reduce, eliminate and control the noise.
ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7.
access, for chapter 7, part 5A, see section 195A.
access approval order, for chapter 7, part 5A, see section 195B(2).
acquire, for chapter 12, see section 280.
adult means a person who is not a child.
adult proof of age card, for chapter 7, part 5A, see section 195A.
agency, for chapter 12, see section 280.
agency arrangement, for chapter 21, part 4, see section 726.
alarm, for chapter 22, see section 747.
animal, for chapter 6, part 2, see the Road Use Management Act, schedule 4.
Animal Care and Protection Act means the Animal Care and Protection Act 2001.
animal welfare direction see section 143(1).
animal welfare offence—
1 An animal welfare offence means an offence against—
(a) the Animal Care and Protection Act, other than chapter 6, part 2, divisions 2, 3, 4 and 7 and chapter 8, part 1; or
(b) the Criminal Code, section 468.
2 However, an offence by an executive officer of a corporation against the Animal Care and Protection Act, section 209(2) is only an animal welfare offence if the relevant offence by the corporation is an animal welfare offence.
antique firearm means an antique firearm under the Weapons Act 1990.
appropriate person for chapter 17, part 9, see section 522.
arrest warrant see section 370.
assistant see section 612.
associated domestic violence means associated domestic violence within the meaning of the Domestic and Family Violence Protection Act 1989.
at a place, includes in or on the place.
attend, a police station or police establishment under a direction, order or requirement, includes stay at the police station or police establishment for the time reasonably necessary for the purpose for which the attendance is directed, ordered or required.
authorised assistant means an assistant authorised under the responsibilities code for this Act.
authorised civilian, for chapter 12, see section 280.
authorised commission officer means an authorised commission officer as defined under the Crime and Misconduct Act 2001, section 272.
authorised examiner means a police officer authorised by the commissioner under section 497.
authorised officer, for chapter 12, see section 280.
authorised operation, for chapter 11, see section 229.
authorised person—
(a) for chapter 12, see section 280; or
(b) for chapter 19, part 2, means a person appointed as an authorised person under section 563.
authorised police officer, for chapter 17, part 6, see section 496.
authority—
(a) for chapter 11, see section 229; or
(b) for chapter 12, see section 280.
belongings means belongings under the State Buildings Protective Security Act 1983.
birth certificate approval, for chapter 12, see section 280.
boat includes a ship or other vessel of any size or type and however propelled or moved, including, for example, a rowing boat, hovercraft and a submersible vessel.
breath test see the Road Use Management Act, section 80.
burn out, for chapter 4, see section 69.
cash dealer means a cash dealer under the Financial Transaction Reports Act 1988 (Cwlth).
caution has the meaning given by the Youth Justice Act 1992, part 2, division 2.
chapter 8 application means an application under chapter 8 for a monitoring order or a suspension order.
chapter 9 application means an application under chapter 9 for a covert search warrant or an extension of a covert search warrant.
chapter 11 application means an application under chapter 11 for an authority for a controlled operation or a variation of an authority for a controlled operation.
chapter 13 application means an application under chapter 13 for a surveillance warrant, a variation or extension of a surveillance warrant, or a retrieval warrant.
chapter 18 offences see section 538.
chief executive (child safety) means the chief executive of the department within which the Child Protection Act 1999 is administered.
chief executive (communities) means the chief executive of the department within which the Youth Justice Act 1992 is administered.
chief executive (health) means the chief executive of the health department.
chief executive officer means—
(a) for the CMC—the CMC chairperson; or
(b) for the police service—the commissioner; or
(c) for the ACC, but only for chapter 13—the chief executive officer of the ACC; or
(d) for an issuing agency under chapter 12—the chief executive officer, however described, of the issuing agency.
child means a child within the meaning of the Youth Justice Act 1992.
civilian participant, for chapter 11, see section 229.
CMC means the Crime and Misconduct Commission.
CMC assistant commissioner means an assistant commissioner under the Crime and Misconduct Act 2001.
commissioner means the commissioner of the police service.
commissioner direction, for chapter 21, part 4, see section 726.
commission officer means a commission officer as defined under the Crime and Misconduct Act 2001.
committee, for chapter 11, see section 229.
community government area is the local government area of an indigenous local government, that is not an indigenous regional council, under the Local Government Act 2009.
community police officer means a community police officer under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.
computer, for chapter 13, see section 322.
conduct—
(a) for chapter 11, see section 229; or
(b) for chapter 12, see section 280.
Confiscation Act means the Criminal Proceeds Confiscation Act 2002.
confiscation offence means either of the following under the Confiscation Act—
(a) a confiscation offence;
(b) an interstate confiscation offence.
confiscation order means a confiscation order under the Confiscation Act.
confiscation related activity means an activity for 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 or chapter 3, 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 an assets restraining order under the Confiscation Act.
controlled activity see section 224.
controlled conduct, for chapter 11, see section 229.
controlled operation, for chapter 11, see section 229.
controlled operations committee means the controlled operations committee established under section 232.
coroner means a coroner under the Coroners Act 2003.
corrective services facility see the Corrective Services Act 2006, schedule 4.
corresponding authorised operation, for chapter 11, see section 229.
corresponding authority—
(a) for chapter 11, see section 229; or
(b) for chapter 12, see section 280.
corresponding emergency authorisation, for chapter 13, see section 322.
corresponding forensic procedure orders see section 523.
corresponding law means a law of another State or the Commonwealth, declared under a regulation to be a law corresponding with this Act or a stated provision of it, whether that provision relates to—
(a) forensic procedures; or
(b) the acquisition or use of assumed identities; or
(c) the conduct of controlled operations; or
(d) the use of surveillance devices; or
(e) another matter for which this Act expressly authorises the doing of something in relation to a jurisdiction for which there is a corresponding law for the purpose.
corresponding participant, for chapter 11, see section 229.
corresponding warrant, for chapter 13, see section 322.
costs of removing and keeping a motor vehicle impounded under this Act, means the amounts prescribed under a regulation under the Tow Truck Act 1973, section 43(2)(r) for this Act.
court includes anyone conducting a committal proceeding.
covert act means—
(a) the making of a chapter 8, chapter 9, chapter 11 or chapter 13 application; or
(b) the exercise of powers under this Act under—
(i) a monitoring order; or
(ii) a suspension order; or
(iii) a surveillance device warrant; or
(iv) a retrieval warrant; or
(v) a covert search warrant; or
(vi) an authorisation for a controlled operation; or
(c) the disclosure of information to a declared agency.
covert search powers means powers a police officer may exercise under section 219.
covert search warrant see section 212.
crime scene means a primary or secondary crime scene.
crime scene powers means powers a police officer may exercise under a crime scene warrant or in a public place.
crime scene warrant see section 170.
criminal activity—
(a) for chapter 11, see section 229; or
(b) for chapter 12, see section 280.
CrimTrac means the CrimTrac Agency established under the Public Service Act 1999 (Cwlth), section 65.
CrimTrac database means a database kept by the CrimTrac Agency containing information about the results of DNA analyses.
dangerous drug see the Drugs Misuse Act 1986, section 4.
dangerous goods see the Road Use Management Act, schedule 4.
data surveillance device, for chapter 13, see section 322.
declared agency means an entity prescribed under a regulation as a declared agency for this Act.
designated offence means—
(a) an offence against any of the following provisions of the Criminal Code—
(i) section 300;
(ii) section 306;
(iii) section 309; or
(b) another offence for which a person is liable, on conviction, to be sentenced to imprisonment for life if the circumstances of the offence involve—
(i) a serious risk to, or actual loss of, a person's life; or
(ii) a serious risk of, or actual, serious injury to a person.
detention centre see the Youth Justice Act 1992, schedule 4.
detention order see the Youth Justice Act 1992, schedule 4.
detention period has the meaning given under section 403(4) and includes any period for which detention is extended under section 406.
device, for chapter 13, see section 322.
digital photo, for chapter 7, part 5A, see section 195A.
disciplinary proceeding, for chapter 13, see section 322.
disease test order see section 540.
DNA sample means—
(a) a sample of a person's hair, including roots of the hair, other than hair from—
(i) the genital or anal area; or
(ii) the buttocks; or
(iii) if the person is a female—the breasts; or
(b) a sample obtained by swabbing a person's mouth.
DNA sample notice see section 482(2).
DNA sampler means—
(a) a police officer authorised under section 476 to take DNA samples; or
(b) a watch-house officer authorised under section 651 to take DNA samples; or
(c) a doctor; or
(d) a nurse.
doing, for chapter 12, see section 280.
domestic violence see the Domestic and Family Violence Protection Act 1989, section 11(1).
domestic violence order see Domestic and Family Violence Protection Act 1989, section 13(2).
driver see the Road Use Management Act, schedule 4.
driver licence see the Road Use Management Act, schedule 4.
drug control officer, for chapter 21, part 4, see section 726.
drug detection, for chapter 2, part 3, see section 34.
drug detection dog, for chapter 2, part 3, see section 34.
drug diversion assessment program means a drug diversion assessment program provided by, or conducted with the approval of, the chief executive (health).
drug vault, for chapter 21, part 4, see section 726.
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.
electronically recorded means audio recorded or video recorded.
electronic screening, of a person or a person's belongings, means, for section 550 or 567, using an electronic screening device, in relation to the person or belongings.
emergency authorisation, for chapter 13, see section 322.
emergency contact information, of a holder of a prescribed document, for chapter 7, part 5A, see section 195A.
enforcement act means any of the following acts—
(a) the search of a person, other than—
(i) under chapter 19, part 2; or
(ii) by using a drug detection dog to carry out drug detection under chapter 2, part 3; or
(iii) by using an explosives detection dog to carry out explosives detection;
(b) the search of a vehicle, other than—
(i) at a roadblock; or
(ii) by using a drug detection dog to carry out drug detection under chapter 2, part 3; or
(iii) by using an explosives detection dog to carry out explosives detection;
(c) the search of premises, other than—
(i) a vehicle or a public place; or
(ii) by using a drug detection dog to carry out drug detection under chapter 2, part 3; or
(iii) by using an explosives detection dog to carry out explosives detection;
(d) the taking or seizing of a thing, other than under section 443(3);
(e) the arrest of a person;
(f) the detention of a person for investigations or questioning under chapter 15;
(g) the questioning of a person to whom chapter 15, part 3 applies;
(h) the exercise of powers under this Act relating to a search warrant, production order or production notice;
(i) the giving of a direction under section 48;
(j) the giving of a noise abatement direction;
(k) the discontinuance of an arrest for a minor drugs offence under section 379;
(l) the entry of a place to find out whether domestic violence is occurring, or has occurred, at the place;
(m) the entry of a place under section 596 to find out whether someone in the place is dead or in need of urgent medical treatment;
(n) the detention of a person under section 604;
(o) the exclusion from questioning, under chapter 15, part 3, division 4 or 5, of a relative, friend or support person.
enhancement equipment, for chapter 13, see section 322.
enter a place, includes re-enter the place.
entrant, to a state building, a special event site or a watch-house, means a person who is about to enter or is at the building, site or watch-house.
environmental nuisance see the Environmental Protection Act 1994, section 15.
evasion offence, for chapter 22, see section 747.
event, for chapter 2, part 3, see section 34.
evidence, for chapter 12, see section 280.
evidence of the commission of an offence includes—
(a) a thing or activity that may provide evidence of an offence or suspected offence; and
(b) a thing that will, itself or by or on scientific examination, provide evidence of the commission of an offence or suspected offence; and
(c) a thing that is to be used for committing an offence or suspected offence; and
(d) a thing that may be liable to forfeiture or is forfeited; and
(e) a thing that may be used in evidence for a forfeiture proceeding; and
(f) a property tracking document.
exercise a power, under this or another Act, includes exercise a power under a warrant, order or another authority issued under this or another Act.
explosive see the Explosives Act 1999, schedule 2.
explosives detection dog means a dog trained to detect explosives.
extradition offence see section 374.
final nuisance direction see section 595.
financial institution—
(a) generally—includes cash dealer; and
(b) for chapter 8, see section 198.
fingerprint means an image or impression of friction ridge detail from the palmar surface of a person's hand and includes a digital image of the friction ridge detail from the palmar surface of the person's hand.
forensic procedure means—
(a) an intimate forensic procedure; or
(b) a non-intimate forensic procedure.
forensic procedure consent see section 447(1)(a).
forensic procedure order see section 458(1).
forfeiture order, other than in relation to a forfeiture proceeding—
(a) for chapter 4, see section 69; or
(b) for chapter 22, see section 747.
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.
formal application, for chapter 11, see section 229.
formal authority, for chapter 11, see section 229.
formal variation application, for chapter 11, see section 229.
formal variation of authority, for chapter 11, see section 229.
found guilty, of an offence, means there is a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
frisk search means—
(a) a search of a person conducted by quickly running the hands over the person's outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
function of the police service includes an investigation conducted by a police officer for a declared agency.
government entity means a government entity under the Public Service Act 2008, section 24, other than subsection (1)(d), (e) and (f).
government issuing agency, for chapter 12, see section 280.
guardian, of a person who is an adult, means a guardian appointed under the Guardianship and Administration Act 2000 for the adult.
hand held scanner means a device that may be passed over or around a person or the person's belongings to detect metal or other substances.
handler, for chapter 2, part 3, see section 34.
health department means the department within which the Health Services Act 1991 is administered.
heavy vehicle see the Road Use Management Act, schedule 4.
holding yard means—
(a) for a person licensed under the Tow Truck Act 1973 to tow motor vehicles—the place used by the licensee as a holding yard for the storage of—
(i) a motor vehicle towed under the licence; and
(ii) any moveable property found in the motor vehicle; or
(b) for a person exempted under a regulation under the Tow Truck Act 1973 from holding a licence under that Act—the place used by the person as a holding yard for the storage of—
(i) a motor vehicle towed by the person; and
(ii) any moveable property found in the motor vehicle; or
(c) otherwise—
(i) a yard at a police establishment; or
(ii) a place the commissioner decides is to be a holding yard.
identifying particulars, of a person, means any of the following—
(a) palm prints;
(b) fingerprints;
(c) handwriting;
(d) voiceprints;
(e) footprints;
(f) a photograph of the person's identifying features;
Examples for paragraph (f)—
1 photographs of scars or tattoos
2 photographs of the person
(g) a measurement of any part of the person's body, other than the person's genital or anal area, buttocks or, for a female, breasts.
identifying particulars notice see section 470(1).
identifying particulars offence means—
(a) an offence for which the maximum penalty is at least 1 year's imprisonment; or
(b) an offence against this Act or any of the following Acts—
• Explosives Act 1999
• Police Service Administration Act 1990, section 10.19 or 10.20
• Prostitution Act 1999, section 73
• Regulatory Offences Act 1985
• Second-hand Dealers and Pawnbrokers Act 2003
• State Buildings Protective Security Act 1983
• Summary Offences Act 2005
• Weapons Act 1990; or
(c) an extradition offence.
illegally acquired property means property that is illegally acquired property under the Confiscation Act.
illicit goods, for chapter 11, see section 229.
impounding order—
(a) for chapter 4, see section 69; or
(b) for chapter 22, see section 747.
independent member, of the controlled operations committee, means the member who is a retired District Court or Supreme Court judge.
independent person, for chapter 17, part 7, see section 503(b).
indictable offence, in relation to a reference to that term as including an indictable offence dealt with summarily, includes an indictable offence dealt with summarily whether or not the Criminal Code, section 659 applies to the indictable offence.
infringement notice see the State Penalties Enforcement Act 1999, schedule 2.
infringement notice offence see the State Penalties Enforcement Act 1999, schedule 2.
initial impoundment period, for chapter 4, see section 69.
initial nuisance direction see section 594.
initiating impoundment, for chapter 4, see section 69.
initiating impoundment offence, for chapter 4, see section 69.
inspection entity means—
(a) for chapter 11, see section 229; or
(b) for chapter 13, see section 322.
install, for chapter 13, see section 322.
interstate domestic violence order means an interstate order under the Domestic and Family Violence Protection Act 1989, whether or not the interstate order is registered under that Act.
intimate forensic procedure means all or any of the following procedures—
(a) a procedure performed on a person's external genital or anal area, buttocks or, for a female, breasts, that involves—
(i) an external examination of the relevant part of the body; or
(ii) taking a sample from the relevant part of the body, by swab, washing, vacuum suction, scraping, or by lifting by tape; or
(iii) photographing the relevant part of the body; or
(iv) making an impression or cast from the relevant part of the body; or
(v) measuring the relevant part of the body;
(b) a procedure performed on a person that involves—
(i) an internal examination of a body cavity; or
(ii) taking a sample of the person's hair from—
(A) the genital or anal area; or
(B) the buttocks; or
(C) if the person is a female—the breasts; or
(iii) taking a sample, by swab or washing, from a body cavity other than the mouth; or
(iv) removing a substance or thing from a body cavity other than the mouth; or
(v) taking an X-ray of a part of the person's body; or
(vi) taking a dental impression; or
(vii) taking a sample of the person's blood or urine.
issuing agency, for chapter 12, see section 280.
jurisdiction means—
(a) for chapters 11, 12 and 13, a State of the Commonwealth; or
(b) if the ACC may do a thing under chapter 11, 12 or 13, the Commonwealth or a State of the Commonwealth.
Note—
Under the Acts Interpretation Act 1954, section 33A, a reference to a State includes a reference to the Australian Capital Territory and the Northern Territory.
knife means a thing with a sharpened point or blade that is reasonably capable of—
(a) being held in 1 or both hands; and
(b) being used to wound or threaten someone when held in 1 or both hands.
law enforcement agency—
(a) for chapter 11, means—
(i) the police service; or
(ii) the CMC; or
(b) for chapter 12, means—
(i) the police service; or
(ii) the CMC; or
(c) for chapter 13, means—
(i) the police service; or
(ii) the CMC; or
(iii) the ACC.
law enforcement officer—
(a) for chapter 11, means—
(i) for the police service—a police officer; or
(ii) a staff member of the service authorised by the commissioner for the purpose of the provision in which the expression is used; or
(iii) for the CMC—a commission officer; or
(b) for chapter 12, means—
(i) for the police service—a police officer; or
(ii) for the CMC—a commission officer; or
(c) for chapter 13, means—
(i) for the police service—a police officer; or
(ii) for the CMC—a commission officer; or
(iii) for the ACC—a member of staff of the ACC who is a police officer of a police force or service of a State or the Commonwealth; or
(d) for sections 614 and 800 to 803, means—
(i) a police officer; or
(ii) a person performing functions as a law enforcement officer under chapter 11 or 13.
law enforcement participant, for chapter 11, see section 229.
legal aid organisation means an organisation declared under a regulation to be an organisation that provides legal assistance to Aboriginal people and Torres Strait Islanders.
licence, for chapter 2, part 1, includes accreditation, approval, authorisation, authority, exemption and permit.
licence holder, for chapter 2, part 1, means a person who holds a licence granted or issued under a relevant law.
licensed brothel means a licensed brothel under the Prostitution Act 1999.
licensed premises, for chapter 2, part 3, see section 34.
liquor see the Road Use Management Act, schedule 4.
listening device means any device capable of being used to overhear, record, monitor or listen to a private conversation or words spoken to or by any person in private conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit that person to hear only sounds ordinarily audible to the human ear.
list of support persons and interpreters means the list of support persons and interpreters kept by the commissioner under section 440.
load, for chapter 5, part 1, see section 124AA.
magistrate, for chapter 4, see section 69.
maintain, for chapter 13, see section 322.
major crime see the Crime and Misconduct Act 2001, schedule 2.
make an inquiry includes find out whether someone is in a place.
mall means any of the following—
(a) a mall established under the Local Government Act 2009;
(b) the Chinatown Mall within the meaning of the Local Government (Chinatown and The Valley Malls) Act 1984;
(c) the Queen Street Mall within the meaning of the Local Government (Queen Street Mall) Act 1981;
(d) the Valley Mall within the meaning of the Local Government (Chinatown and The Valley Malls) Act 1984.
marine licence indicator, for chapter 7, part 5A, see section 195A.
minor drugs offence—
(a) means an offence against the Drugs Misuse Act 1986, section 9, 10(1) or 10(2) involving either or both of the following—
(i) possessing not more than 50 grams of cannabis sativa;
(ii) possessing a thing for use, or that has been used, for smoking cannabis sativa; but
(b) does not include an offence mentioned in paragraph (a) if the possession is an element of an offence against the Drugs Misuse Act 1986 involving production or supply of cannabis sativa or trafficking in cannabis sativa.
modify a motor vehicle—
(a) for chapter 4, see section 69; or
(b) for chapter 22, see section 770.
monitor, when used as a noun, means—
(a) the public interest monitor appointed under section 740; or
(b) a deputy public interest monitor.
monitoring order see section 199.
motorbike has the meaning given by the Road Use Management Act, and includes a 4-wheeled motor vehicle that is ridden in the same way as a motorbike.
motorbike noise direction offence see section 69.
motorbike noise order offence see section 69.
motor vehicle see the Road Use Management Act, schedule 4.
moveable dwelling park see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.
moving expenses, for chapter 5, part 1, see section 124AA.
National Credit Code means the National Credit Code in Schedule 1 of the National Consumer Credit Protection Act 2009 (Cwlth).
night means the interval between 9p.m. on one day and 6a.m. on the next day.
noise abatement direction see section 581.
noise abatement order see section 589.
non-government issuing agency, for chapter 12, see section 280.
non-intimate forensic procedure means a procedure performed on a person, other than an intimate forensic procedure, that involves all or any of the following—
(a) an examination of an external part of the person's body, that requires clothing to be removed or contact with the person's body;
(b) taking a sample from a part of the person's body, by swab, washing, vacuum suction, scraping, or by lifting by tape;
(c) photographing a part of the person's body;
(d) making an impression or cast of a part of the person's body;
(e) taking a DNA sample;
(f) taking a sample of saliva;
(g) taking a sample from, or from under, a fingernail or toenail;
(h) taking identifying particulars.
non-medical examination means a non-intimate forensic procedure, other than taking a DNA sample or palm prints, fingerprints, handwriting, voiceprints or footprints.
non-medical examination notice see section 499(2).
notice to appear see section 382(2).
noxious or offensive substance see State Buildings Protective Security Act 1983, section 3.
nurse means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and
(b) in the registered nurses division of that profession.
offensive weapon see State Buildings Protective Security Act 1983, section 3.
officer, for chapter 12, see section 280.
optical surveillance device, for chapter 13, see section 322.
organised crime means an ongoing criminal enterprise to commit serious indictable offences in a systematic way involving a number of people and substantial planning and organisation.
outer garment includes cloak, coat, shirt and garment.
owner, of a vehicle, for chapter 4 or 22, includes—
(a) a person in whose name the vehicle is registered under a transport Act or a corresponding law, within the meaning of the Road Use Management Act, schedule 4, of another State; and
(b) a holder of a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth).
pain, for an animal, includes distress and mental or physical suffering.
parent, of a person, for chapter 17, means a parent or guardian of the person and includes—
(a) for an Aboriginal person, a person, who under Aboriginal tradition, is regarded as a parent of the person; or
(b) for a Torres Strait Islander person, a person, who under Island custom, is regarded as a parent of the person;
but does not include an approved carer of the person under the Child Protection Act 1999.
parliamentary commissioner means the parliamentary commissioner under the Crime and Misconduct Act 2001.
parliamentary committee, for chapters 11, 12 and 13, means the Parliamentary Crime and Misconduct Committee of the Legislative Assembly.
parliamentary committee chairperson means the chairperson of the parliamentary committee.
participant, for chapter 11, see section 229.
participating jurisdiction, for chapter 11, 12 or 13, means a jurisdiction in which a corresponding law for the purposes of the chapter is in force.
pedestrian see the Road Use Management Act, schedule 4.
personal property, in relation to a person at or about to enter a special event site—
(a) means things carried by the person or things apparently in the immediate control of the person; but
(b) does not include clothing being worn by the person.
person in charge, of an animal, for chapter 6, see section 130.
person in control, of a vehicle, see the Road Use Management Act, schedule 4.
person with impaired capacity means a person whose capacity to look after or manage his or her own interests is impaired because of either of the following—
(a) an obvious loss or partial loss of the person's mental functions;
(b) an obvious disorder, illness or disease that affects a person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.
photograph includes photocopy, videotape, and record an image, whether digitally or in another way.
photo licence means a licence for a weapon issued under the Weapons Act 1990 that shows the following—
(a) the photograph of the licensee or, if the licensee is an incorporated or unincorporated body, the licensee's representative;
(b) the licence number;
(c) numbers and letters indicating licence conditions;
(d) letters indicating the categories of weapons the licensee may possess.
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 dog means a dog kept by the commissioner for helping police officers perform the duties of police officers.
police establishment means a police station or police establishment under the Police Service Administration Act 1990.
police horse means a horse kept by the commissioner for use by police officers when performing the duties of police officers.
police officer includes—
(a) for chapter 19, part 3—a community police officer; and
(b) for chapters 11 and 13—a police officer of a police force or service of another State or the Commonwealth; and
(c) other than for chapters 11 and 13—a police officer of a police force or service of another State or the Commonwealth who is, for the time being, performing duties for the police service.
police service means the Queensland Police Service.
possession includes—
(a) custody; and
(b) control.
post-access approval order, for chapter 7, part 5A, see section 195A.
potentially harmful thing—
(a) means a thing a person may lawfully possess that is or contains a substance that may be harmful to a person if ingested or inhaled; and
Examples—
1 glue
2 paint
3 a solvent
(b) includes methylated spirits; and
(c) does not include a thing intended by its manufacturer to be inhaled or ingested by a person using it.
premises, for chapter 13, see section 322.
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 authority see section 800.
prescribed circumstance, for chapter 5, part 1, see section 124AA.
prescribed document, for chapter 7, part 5A, see section 195A.
prescribed nurse means a nurse who is employed in the health department.
prescribed offence, for chapter 4, see section 69.
prescribed period—
(a) for chapter 4—see section 69; or
(b) for chapter 22—see section 747.
prescribed place, for chapter 2, part 5, means—
(a) a shop; or
(b) a child-care centre; or
(c) a pre-school centre; or
(d) a primary, secondary or special school; or
(e) premises licensed under the Liquor Act 1992; or
(f) a railway station and any railway land around it; or
(g) a mall; or
(h) the part of the corporation area under the South Bank Corporation Act 1989 declared to be the site under that Act; or
(i) a licensed venue under the Racing Act 2002; or
(j) an automatic teller machine; or
(k) a war memorial;
but, in relation to soliciting for prostitution, does not include any area in a licensed brothel that can not be viewed from outside the brothel.
prescribed smartcard Act, for chapter 7, part 5A, see section 195A.
prescribed transport Act, for chapter 7, part 5A, see section 195A.
primary crime scene means a place—
(a) where a seven year imprisonment offence or an offence involving deprivation of liberty has happened; and
(b) it is necessary to protect for the time reasonably necessary to search for and gather evidence of the commission of the offence.
principal law enforcement officer, for chapter 11, see section 229.
prison see Corrective Services Act 2006, schedule 4.
prisoner see Corrective Services Act 2006, schedule 4.
private conversation means any words spoken by 1 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 indicate 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 1 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.
private vehicle see the Road Use Management Act, schedule 4.
produce, a document, includes make the document available.
production notice see section 180.
production order see section 189.
prohibited item, in relation to a special event, means a thing stated to be a prohibited item in the declaration of the event as a special event.
property officer means—
(a) a member of the police service appointed by the commissioner as a property officer; or
(b) an officer of a government entity appointed as a property officer under an arrangement between the commissioner and the chief executive officer of the entity.
property point means a place lawfully used by the police service as a place for the storage of relevant things.
property tracking document means—
(a) a document relevant to identifying, locating or quantifying—
(i) property of a person who committed a confiscation offence; or
(ii) property of a person a police officer reasonably suspects committed a confiscation offence; or
(iii) tainted property in relation to a confiscation offence; or
(iv) property of a person a police officer reasonably suspects is or has engaged in a serious crime related activity; or
(v) property a police officer reasonably suspects is serious crime derived property; or
(b) a document relevant to identifying or locating a document necessary for the transfer of—
(i) property of a person who committed a confiscation offence; or
(ii) property of a person a police officer reasonably suspects committed a confiscation offence; or
(iii) tainted property in relation to a confiscation offence; or
(iv) property of a person a police officer reasonably suspects is or has been engaged in a serious crime related activity; or
(v) property a police officer reasonably suspects is illegally acquired property derived from a serious crime related activity.
proscribed thing means proscribed matter under the State Buildings Protective Security Act 1983.
prostitution see the Criminal Code, section 229E.
protected information, for chapter 13, see section 322.
public officer, for chapter 13, see section 322.
public official means—
(a) for a government entity—a person who is appointed or authorised under an authorising law to perform inspection, investigation or other enforcement functions under the authorising law for the entity; or
(b) for an entity other than a government entity or a local government—a person who is declared under a regulation under this Act to be a public official in relation to inspection, investigation or other enforcement functions the person is appointed or authorised to perform under an authorising law for the entity; or
(c) for chapter 1, part 3, division 2—an authorised person under the Local Government Act 2009; or
(d) otherwise—a person who is declared by another Act to be a public official for this Act.
public place means—
(a) a place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or
(b) a place declared under another Act to be a public place for any law conferring powers or imposing functions on police officers; or
(c) a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public; or
(d) a place that is a public place under another Act.
Examples for paragraph (a)—
1 a road
2 a park
3 a beach
4 a road that is closed to general use by vehicles for a public procession or a parade
Example for paragraph (b)—
Under the Sanctuary Cove Resort Act 1985, section 54A primary and secondary thoroughfares are public places for the purposes of any law conferring powers or imposing functions on a police officer.
Examples for paragraph (c)—
1 a cinema complex
2 a shop
3 a restaurant
4 a racecourse
public prosecutor means the director, deputy director, or another lawyer appointed under the Director of Public Prosecutions Act 1984.
Public Records Act means the Public Records Act 2002.
QDNA see section 491(1).
QDNA index means an index of a kind prescribed under a regulation containing information derived from, or relating to, the results of DNA analyses.
qualified person, in relation to a forensic procedure, see section 445.
question, for chapter 15, means question a person as a suspect about his or her involvement in an indictable offence.
questioning period means the time for which a person may be questioned under this Act in relation to an offence.
reasonably believe means believe on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
record, for chapter 13, see section 322.
registered corresponding foreign procedure order means a corresponding foreign procedure order registered under section 524.
registered digital photo, for chapter 7, part 5A, see section 195A.
registered operator has the meaning given by the Road Use Management Act, schedule 4.
register of covert acts means the register of covert acts kept under section 664.
register of dangerous drugs for training, for chapter 21, part 4, see section 726.
register of enforcement acts means the register of enforcement acts kept under section 678.
registrar-general means the registrar under the Births, Deaths and Marriages Registration Act 2003.
regulated place means a place that is a regulated place under section 44.
relevant act means conduct of a kind mentioned in section 46 or 47.
relevant court—
(a) for chapter 4, see section 69; or
(b) for chapter 22, see section 747.
relevant disease means a communicable disease prescribed under a regulation.
relevant entity see section 195A.
relevant law, means an Act under which a person or place must be licensed, and prescribed under a regulation for chapter 2, part 1.
relevant offence—
(a) for chapter 11, see section 229; or
(b) for chapter 13, see section 322.
relevant period—
(a) for chapter 4—see section 69; or
(b) for chapter 22—see section 747.
relevant person—
(a) in relation to an application to a judge or a magistrate for a surveillance device warrant—see section 329; or
(b) in relation to an application to a judge or a magistrate for a retrieval warrant—see section 337; or
(c) in relation to an application to a judge for a covert search warrant—see section 213; or
(d) in relation to a removal order—see section 402; or
(e) for chapter 15, part 3—see section 415; or
(f) for chapter 17—see section 447(2).
relevant proceeding, for chapter 13, see section 351.
relevant thing, for chapter 21, part 3, see section 686.
relevant vehicle incident means—
(a) an incident involving a vehicle on a road in which—
(i) death or injury was caused to a person; or
(ii) damage was caused to a vehicle, tram, or train, or any other real or personal property; or
(iii) death or injury was caused to an animal; or
(b) an incident involving a boat in which—
(i) death or injury was caused to a person; or
(ii) damage was caused to a boat or any other real or personal property.
remote application, for chapter 13, see section 322.
removal order see section 399.
report of a conversation or activity, for chapter 13, see section 322.
reportable offender see the Child Protection (Offender Reporting) Act 2004.
report entity, for chapter 11, see section 229.
responsibilities code means the code of responsibilities of police officers prescribed under a regulation.
responsible Minister, for chapter 17, part 9, see section 522.
responsible officer see section 165.
restricted area, for a special event, means a part of the special event site designated by the event organiser as an area to which entry is restricted to persons who have the consent or other authorisation of the organiser.
restricted item means an item prescribed as a restricted item under the Weapons Categories Regulation 1997.
retrieval warrant, for chapter 13, see section 322.
road see the Road Use Management Act.
Road Use Management Act means the Transport Operations (Road Use Management) Act 1995.
saliva analysis see the Road Use Management Act, section 80(1).
saliva test see the Road Use Management Act, section 80(1).
search—
(a) includes frisk search a person; but
(b) does not include the use of a drug detection dog to carry out drug detection under chapter 2, part 3, even if the drug detection dog physically intrudes onto a person or the clothing of a person.
search warrant see section 150 or 599.
search warrant powers see section 157.
secondary crime scene means a place—
(a) where there may be evidence, of significant probative value, of the commission of a serious violent offence that happened somewhere else; and
(b) it is necessary to protect for the time reasonably necessary to search for and gather evidence of the commission of the offence.
secure facility, for chapter 21, part 4, see section 726.
seize includes retain, but does not include impound.
senior officer, for chapter 13, see section 322.
serious crime derived property see Confiscation Act, section 23.
serious crime related activity see the Confiscation Act, section 16.
serious indictable offence means an indictable offence involving any of the following—
(a) serious risk to, or actual loss of, a person's life;
(b) serious risk of, or actual, serious injury to a person;
(c) serious damage to property in circumstances endangering the safety of any person;
(d) serious fraud;
(e) serious loss of revenue to the State;
(f) official corruption;
(g) serious theft;
(h) money laundering;
(i) conduct related to prostitution or SP bookmaking;
(j) child abuse, including child pornography;
(k) an offence against the Drugs Misuse Act 1986 punishable by at least 20 years imprisonment;
(l) an offence against the Weapons Act 1990 involving the trafficking of weapons or explosives or the unlawful supply or unlawful manufacture of weapons.
serious violent offence means—
(a) an offence involving deprivation of liberty; or
(b) a 7 year imprisonment offence involving violence or a threat of violence to a person.
seven year imprisonment offence means an indictable offence for which the maximum penalty is at least 7 years imprisonment.
smartcard transport authority see section 195A.
solicit includes the following—
(a) offer to provide prostitution;
(b) accept an offer to provide prostitution.
special event means an event declared under chapter 19, part 2 to be a special event.
special event site means a site described in a declaration of a special event as a special event site.
speed trial means—
(a) any attempt to establish or break any vehicle speed record of any description on a road; or
(b) any trial of any description of the speed of a vehicle on a road; or
(c) any competitive trial of any description designed to test the skill of any vehicle or driver or the reliability or mechanical condition of any vehicle on any road.
state building see State Buildings Protective Security Act 1983, section 4.
stop, for chapter 22, see section 747.
stop, of a vehicle or animal, includes requiring it to remain stationary for the time reasonably necessary to enable a function or power under this or another Act to be exercised.
supervisor, for chapter 12, see section 280.
support person means—
(a) for an Aborigine or Torres Strait Islander who is at least 17—
(i) an adult relative or another adult chosen by the person; or
(ii) a lawyer acting for the person; or
(iii) a representative of a legal aid organisation; or
(iv) a person whose name is included in a list of support persons and interpreters; or
(b) for a child—
(i) a parent or guardian of the child; or
(ii) a lawyer acting for the child; or
(iii) a person acting for the child who is employed by an agency whose primary purpose is to provide legal services; or
(iv) an adult relative or friend of the child who is acceptable to the child; or
(v) if the child is an Aborigine or a Torres Strait Islander and no-one mentioned in subparagraphs (i) to (iv) is available—a person whose name is included in the list of support persons and interpreters; or
(vi) if no-one mentioned in subparagraphs (i) to (v) is available—a justice of the peace, other than a justice of the peace who is a member of the Queensland Police Service or a justice of the peace (commissioner for declarations); or
(c) for a person with impaired capacity—a parent or another adult who provides or is able to provide support necessary to help care for the person by looking after or managing the person's interests.
surveillance device, for chapter 13, see section 322.
surveillance device warrant, for chapter 13, see section 322.
surveillance powers means powers a police officer may exercise under a surveillance warrant.
suspect, for chapter 11, see section 229.
suspension order see section 205.
tainted property see the Confiscation Act, section 104.
take, for chapters 16, 17 and 18, includes collect.
term of imprisonment see Penalties and Sentences Act 1992.
terrorism see section 211(4).
terrorist act see section 211.
this jurisdiction, for chapters 11, 12 and 13, means Queensland.
three year imprisonment offence, for chapter 13, see section 322.
time out includes any time reasonably required—
(a) to take a person from the place where the person is arrested to the nearest place where the investigating officer has access to facilities for complying with chapter 15, part 3; and
(b) to allow the person, or someone else on the person's behalf, to telephone or speak to a lawyer, friend, relative, parent, guardian, interpreter, support person or other person; and
(c) to allow a lawyer, friend, relative, parent, guardian, interpreter, support person or other person to arrive at the place where the person is to be questioned; and
(d) to allow the person to receive medical attention; and
(e) to allow the person to recover from the effects of intoxication; and
(f) to allow the person to rest; and
(g) to allow for the questioning of co-offenders; and
(h) to prepare and dispose of an application under this Act for approval of the examination of the person by a doctor or dentist; and
(i) to convey the person to a suitable place for medical or dental examination or treatment; and
(j) to allow for an identification parade to be arranged and held; and
(k) to allow for—
(i) an examination of the person under this Act by a doctor or dentist; or
(ii) the performance of a forensic procedure; or
(iii) the taking of a blood or urine sample under chapter 18 by a doctor or nurse; and
(l) to allow for witnesses to be interviewed; and
(m) to allow for investigating police to arrive; and
(n) to allow for the person to be taken to another place for the investigation or as part of the investigation; and
(o) to allow for the search of any place, including a crime scene examination; and
(p) to decide the appropriate nature and content of a charge against the person and to charge the person and decide whether to release the person on bail or serve on the person a notice to appear or complaint and summons.
tracking device, for chapter 13, see section 322.
train includes tram.
tram see the Road Use Management Act, schedule 4.
transport Act see the Road Use Management Act, schedule 4.
transport vehicle means—
(a) an aircraft; or
(b) a boat; or
(c) a bus; or
(d) a train.
type 1 vehicle related offence see section 69A.
type 2 vehicle related offence see section 69A.
unlawful dangerous drug, for chapter 2, part 3, see section 34.
unlawfully means without authorisation, justification or excuse by law.
urgent application, for chapter 11, see section 229.
urgent authority, for chapter 11, see section 229.
urgent variation application, for chapter 11, see section 229.
urgent variation of authority, for chapter 11, see section 229.
use—
(a) for chapter 12, see section 280; or
(b) of a surveillance device, for chapter 13, see section 322.
used, for chapter 5, part 1, see section 124AA.
vehicle means a vehicle under the Road Use Management Act, an aircraft or a boat.
vehicle related offence see section 69.
veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936.
walk-through detector, for chapter 19, means a device through which a person walks, that detects metal or other substances.
warning light, for chapter 22, see section 747.
warrant, for chapter 13, see section 322.
watch-house manager means a police officer for the time being in charge of a watch-house.
watch-house officer see the Police Service Administration Act 1990, section 1.4.
weapon—
(a) for chapter 21, part 3—includes antique firearm and restricted item; and
(b) otherwise—see Weapons Act 1990, schedule 2.
welfare, of an animal, means issues about the health, safety or wellbeing of the animal.
X-ray machine, for chapter 19, means a device through which a person's belongings are passed and X-rayed.