Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 382

382 Notice to appear may be issued for offence

(1) The object of this section is to provide an alternative way for a police officer to start or continue a proceeding against a person that reduces the need for custody associated with arrest and does not involve the delay associated with issuing a complaint and summons under the Justices Act 1886 .

Note—

For starting proceedings against children by notices to appear, see the Youth Justice Act 1992 .

(2) A police officer may issue and serve a notice (
"notice to appear" ) on a person if the police officer—

(a) reasonably suspects the person has committed or is committing an offence; or

(b) is asked by another police officer who has the suspicion mentioned in paragraph (a) to issue and serve the notice to appear.

(3) A notice to appear must be personally served on a person.

(4) However, a notice to appear for an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) may be served on a person by registered post if it is served as in the way provided for under the Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) .

Note—

The Justices Act 1886 , section 56 (1) (a) or (2) (a) , (b) or (c) authorises service on a person at the person’s place of business or residence last known to the complainant, or at an address stated on the person’s driver licence or a current certificate of registration for the person’s motor vehicle.

(5) If a person is alleged to have committed offences as a child and as an adult, a separate notice to appear must be issued for the offences committed as a child.