Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"access information" , for chapter 3 , part 2 , see section 85A .

"acquire" , for chapter 3 , part 6B , div 1 , see section 146Q .

"additional funding" , for a financial year, for chapter 6 , part 1 , division 6A , see section 260A .

"affected by bankruptcy action" ...

"agency" , for chapter 3 , part 6B , div 1 , see section 146Q .

"aggrieved person" , for chapter 5 , part 3 , see section 219N .

"allocated amount" , for a financial year, for chapter 6 , part 1 , division 6A , see section 260A .

"appointment" , for chapter 1 , part 4 , division 2 , see section 14 .

"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

(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.

(a) means, generally—

(i) a commissioner; or

(ii) a sessional commissioner; or

(iii) the chief executive officer; or

(iv) a senior officer; or

(v) a person employed under section 254 or seconded under section 255 ; or

(vi) a person engaged under section 256 ; or

(vii) a police officer authorised by the chairman under section 272 (2) ; and

(b) in sections 295 , 305 (3) , 314 (2) (b) (ii) , 318 (4) , 321 (2) , 322 (3) , 329 and 331 (3) , 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 .

(a) any of the following orders under the Confiscation Act , chapter 2 —

(i) a restraining order;

(ii) a forfeiture order;

(iii) a proceeds assessment order;

(iv) an unexplained wealth order; or

(b) any of the following orders under the Confiscation Act , chapter 2A —

(i) a restraining order;

(ii) a serious drug offender confiscation order.

1
"Confiscation related evidence" means a thing or evidence of an activity that may be or provide evidence of something for which a proceeding for a confiscation order may be started under the Confiscation Act , chapter 2 and includes each of the following—

(a) a thing in which a person has an interest that is serious crime derived property;

(b) a thing in which a person has an interest that is illegally acquired property of a person reasonably suspected of having engaged in a serious crime related activity;

(c) evidence of a serious crime related activity;

(d) evidence of illegal activity of a person reasonably suspected of having engaged in a serious crime related activity;

(e) property that is restrained under a restraining order under the Confiscation Act .

2 The following are also
"confiscation related evidence" —

(a) a thing that may be or provide evidence of a suspected qualifying offence for which a proceeding for a confiscation order may be started under the Confiscation Act , chapter 2A ;

(b) evidence of property that may be subject to restraint or forfeiture under a confiscation order for which a proceeding may be started under the Confiscation Act , chapter 2A .

(a) corrupt conduct; or

(b) misconduct under the Police Service Administration Act 1990 .

(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.

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.

(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.

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.

(a) of the commission of major crime or corruption, includes—

(i) a thing or activity that is or may provide evidence of the commission of the major crime or corruption; and

(ii) a thing that will, itself or by or on scientific examination, provide evidence of the commission of the major crime or corruption; and

(iii) a thing that is intended to be used for the purpose of committing the major crime or corruption; and

(iv) a thing that may be liable to forfeiture; or

(b) of identity, for chapter 3 , part 6B , see section 146Q .

(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.

(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.

(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.

(a) for a crime investigation, a specific intelligence operation (crime) or the witness protection function—see section 74 ; or

(b) for a confiscation related investigation—see section 74A .

(a) a child abuse computer game under the Classification of Computer Games and Images Act 1995 ; and

(b) a child abuse publication under the Classification of Publications Act 1991 ; and

(c) a child abuse film under the Classification of Films Act 1991 .

(a) hinder;

(b) attempt to obstruct.

(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.

(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.

(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.

(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.

(a) custody;

(b) control.

(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.

(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;

(a) in the context of a crime investigation or the intelligence or witness protection functions—

(i) legal professional privilege; or

(ii) self-incrimination privilege; or

(b) in the context of a corruption 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;

(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.

(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; or

(d) the inspector of detention services under the Inspector of Detention Services Act 2022 .

(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 .

(a) for chapter 5 , part 2 , see section 219BA ; or

(b) for chapter 5 , part 3 , see section 219N .

(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 corruption investigation—a listening device.