Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 39C

39C Use of hand held scanner authorised by senior police officer

(1) A senior police officer may authorise the use of a hand held scanner at, in or on any of the following places (each a
"relevant place" )—

(a) a stated safe night precinct;

(b) a stated public transport station and public transport vehicles travelling to and from the station;

(c) trains or light rail vehicles travelling on a stated rail line and public transport stations along the line;

(d) stated licensed premises;

(e) stated retail premises;

(f) a stated shopping centre;

(g) a stated sporting or entertainment venue.

(2) However, the senior police officer may issue an authority only if—

(a) any of the following happened at the relevant place in the previous 6 months—

(i) at least 1 offence was committed by a person armed with a knife or other weapon;

(ii) at least 1 seven year imprisonment offence against the Criminal Code involving violence against a person was committed;

(iii) more than 1 offence against the Weapons Act 1990 , section 50 (1) or 51 (1) was committed; and

Notes—

1 The Weapons Act 1990 , section 50 makes it an offence for a person to unlawfully possess a weapon.

2 The Weapons Act 1990 , section 51 makes it an offence for a person to physically possess a knife in a public place or a school without a reasonable excuse.

(b) the senior police officer considers the use of hand held scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon; and

(c) the senior police officer has considered—

(i) the effect the use of hand held scanners may have on lawful activity at the relevant place; and

(ii) if the use of hand held scanners has previously been authorised for the relevant place—whether the use of hand held scanners under the authority identified persons carrying knives or other weapons; and

(d) for licensed premises that are not in a safe night precinct, shopping centre or sporting or entertainment venue—the senior police officer has reasonable grounds to believe an offence mentioned in paragraph (a) may be committed again at the premises in the next 6 months; and

(e) for retail premises that are not in a safe night precinct, shopping centre or sporting or entertainment venue—

(i) ordinarily, at least 2 days each week, the premises are open for business at a time between midnight and 5a.m.; or

(ii) in the previous 6 months, at least 2 offences were committed at the premises by a person armed with a knife or other weapon.

(3) For subsection (1) (b) ,
"travelling to and from" a public transport station means travelling within 1 scheduled stop in any direction of that public transport station.

(4) An authority may be issued under subsection (1) (c) in relation to—

(a) a whole rail line, from the railway station at one end of the line to the railway station at the other end of the line; or

(b) a part of a rail line, from one railway station on the line to another railway station on the line.

(5) For subsection (2) , an offence is committed
"at" a relevant place that is licensed premises or retail premises if the offence is committed at, or in the immediate vicinity of, the premises.

(6) An authority issued under this section is a
"hand held scanner authority" .