Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 50B

50B Insertion of new ch 2, pt 8

Chapter 2 —
insert—

Part 8 - Power to detain particular intoxicated persons

53BO Other police powers not affected Nothing in this part affects the power of a police officer, under this Act or another Act, to take action in relation to a person who is intoxicated.

53BP Detaining intoxicated persons

(1) A police officer may detain a person who is in a public place if the officer is satisfied—

(a) the person is intoxicated; and

(b) it is necessary to detain the person because the person is—

(i) behaving in a way that—

(A) is disorderly, offensive, threatening or violent; and

(B) is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or

(ii) behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or

(iii) incapable of preserving the person’s own life, health or safety.

(2) A police officer must release the person from detention under this part on the earlier of the following—

(a) the officer being satisfied the person is no longer intoxicated;

(b) 8 hours elapsing after the person is first detained under this part.

(3) Also, a police officer may release the person from detention under this part if the officer is satisfied it is appropriate to do so.

53BQ Transporting detained persons

(1) This section applies if a person is detained under section 53BP.

(2) A police officer may transport the person to, and release the person at, a place of safety if—

(a) for a place of safety where there is a person apparently in charge of the place—the person apparently in charge of the place agrees, verbally or in writing, to provide care for the person at the place; and

(b) the police officer is satisfied the person’s behaviour or presence does not pose a risk of harm to any person at the place, including, for example, harm caused by domestic violence.

(3) Subsection (4) applies if—

(a) after making reasonable enquiries, a police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or

(b) a police officer is unable to transport and release the person under subsection (2).

(4) The police officer may—

(a) transport the person to a police station or watch-house; and

(b) continue to detain the person at the police station or watch-house, subject to section 53BP(2) and (3).

(5) To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.