Queensland Numbered Acts Queensland Numbered ActsChapter 19 , part 1 —
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549 Meaning of state building(1) A
"state building" —(a) is—(i) a building, or part of a building, owned or occupied by the State or a non-commercial authority of the State; or(ii) a building, or part of a building, prescribed by regulation for the purpose of this definition; and(b) includes the precincts of the building, or part of the building, under paragraph (a).(2) If a state building is constituted by only part of a building, a reference to the state building includes the areas of the state building the State or a non-commercial authority of the State may lawfully use together with other owners or occupiers of the state building.(3) A regulation may prescribe a building, or part of a building, to be a state building only if the building or part of the building is to be used for an activity with which the State is directly concerned.(4) In this section—
"precincts" , of a building or part of a building, includes—(a) a forecourt, or other similar area, used in conjunction or associated with the building or part of the building; and(b) a yard, or other similar area, used in conjunction or associated with the building or part of the building; and(c) if the building or part of the building has been prescribed by regulation under subsection (1)(a)(ii)—an area within the boundaries of the building or part of the building as identified in the regulation; and(d) if the building or part of the building is aligned next to a public place—any wall, fence or other structure along the alignment; and(e) any area above or below the foundations, walls, roof or other area of the building of part of the building.
550 Power to require name and address and reason for entry(1) A police officer or protective services officer may require an entrant to a state building to state the following information—(a) the entrant’s name and address;(b) the entrant’s reason for being at, or about to enter, the building.(2) However, subsection (1) applies only if the police officer or protective services officer reasonably suspects making the requirement is necessary for the security of the state building.(3) Also, the police officer or protective services officer may require the entrant to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the entrant to be in possession of, or to otherwise be able to give, the evidence.(4) This section does not limit or otherwise affect chapter 2, part 4, division 1 or part 5.
551 Use of electronic screening devices(1) This section applies if the system for the security of a state building involves the use of 1 or more of the following electronic screening devices—(a) a walk-through detector;(b) an X-ray machine;(c) a hand held scanner.(2) A police officer or protective services officer may ask an entrant to the state building to do 1 or more of the following things—(a) to walk through a walk-through detector;(b) to pass the entrant’s belongings through an X-ray machine;(c) to allow the officer to pass a hand held scanner in close proximity to the entrant;(d) to allow the officer to pass a hand held scanner in close proximity to the entrant’s belongings.
552 Power to inspect entrant’s belongings(1) This section applies if—(a) a police officer or protective services officer reasonably considers it necessary for the security of a state building to make a request under subsection (2) in relation to an entrant to the state building, or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and(b) the officer tells the entrant the reasons for making the request.(2) The police officer or protective services officer may ask the entrant to do 1 or more of the following things—(a) allow the officer to inspect the entrant’s belongings;(b) remove 1 or more outer garments worn by the entrant as specified by the officer and allow the officer to inspect the garments;(c) remove all articles from the entrant’s clothing and allow the officer to inspect them;(d) open an article for inspection and allow the officer to inspect it;(e) allow the officer, or another adult assisting the officer, to touch a garment the entrant is wearing for the purpose of the officer inspecting the entrant’s belongings;(f) open a vehicle or a part of it for inspection and allow the officer to inspect it;(g) remove an article from a vehicle as specified by the officer and allow the officer to inspect it;(h) move a vehicle to, and park it in, a place specified by the officer;(i) if the officer reasonably believes a belonging of the entrant is capable of concealing a proscribed thing—deposit the belonging in a place specified by the officer.(3) Subsection (2)(e) applies only if the police officer or protective services officer, or another adult assisting the officer, is of the same sex as the entrant.(4) In this section—
"inspect" , an article, includes handle the article, open it and examine its contents.
553 Safeguards for inspection of entrant’s belongings(1) A police officer or protective services officer conducting an inspection of an entrant’s belongings under section 552 must—(a) ensure, as far as reasonably practicable, the way the inspection is conducted causes minimal embarrassment to the entrant; and(b) take reasonable care to protect the dignity of the entrant; and(c) ensure the touching of a garment the entrant is wearing, under section 552(2)(e), is conducted only by a police officer or protective services officer, or another adult assisting the officer, who is of the same sex as the entrant.(2) Also, if a police officer or protective services officer reasonably suspects it is necessary to protect the dignity of an entrant to a state building and it is reasonably practicable, the officer may ask the entrant to allow an inspection of the entrant’s belongings under section 552(2) to be conducted out of public view, for example, in a room of the state building.
554 Direction to leave state building(1) A police officer or protective services officer may direct an entrant, or group of entrants, to a state building to not enter, or to leave the building immediately, and to take the belongings of the entrant or group of entrants out of the building, if the officer reasonably suspects—(a) the behaviour of the entrant or entrants is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or(b) the entrant or entrants have not complied with a requirement under section 550; or(c) the entrant or entrants have not complied with a request under section 551 or 552; or(d) the entrant or entrants have no good and lawful reason to enter or be at the building.Note—See also sections 791 and 791B.(2) However, a police officer or protective services officer must not give a direction under subsection (1) unless the officer reasonably suspects the direction is necessary to maintain the security of the state building.(3) Also, a protective services officer must not give a direction under subsection (1)(c) if the entrant or entrants—(a) tell the officer they—(i) do not want an electronic screening device used in relation to their belongings, and are prepared to leave the building; or(ii) do not want their belongings inspected, and are prepared to leave the building; and(b) immediately leave the building with their belongings.Note—See also sections 633 and 633A.(4) The entrant or entrants may tell the protective services officer a matter mentioned in subsection (3) before or after the officer starts to—(a) use an electronic screening device in relation to the entrant or entrants under section 551; or(b) conduct an inspection of the belongings of the entrant or entrants under section 552.(5) Also, a police officer or protective services officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless the direction is reasonably necessary in the interests of—(a) public safety; or(b) public order; or(c) the protection of the rights and freedoms of other persons.Examples of rights and freedoms for subsection (5)(c)—• the rights and freedoms of the public to enjoy the place• the rights of persons to carry on lawful business in or in association with the place(6) Without limiting subsection (1), a direction under the subsection may require an entrant, or group of entrants, to a state building to do 1 of the following things—(a) leave the building and not return or be within the building within a stated reasonable time of not more than 24 hours;(b) leave a stated part of the building and not return or be within the stated part of the building within a stated reasonable time of not more than 24 hours;(c) move from a particular location at or near the building for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the building within a stated reasonable time of not more than 24 hours.(7) The police officer or protective services officer must give the entrant or group of entrants the reasons for the direction.(8) This section does not limit or otherwise affect—(a) chapter 2, part 4, division 1; or(b) chapter 2, part 5.
555 Power of police officers to search person or vehicle without warrant not affected This division does not limit or otherwise affect the powers a police officer has under this Act to search a person or vehicle without a warrant.
556 Seizure of proscribed thing A police officer or protective services officer may seize a proscribed thing found in the possession of an entrant to a state building, unless the entrant has a reasonable excuse for possessing the proscribed thing in the state building.Example of reasonable excuse for possessing proscribed thing in a state building—possessing a proscribed thing for use in the course of the person’s trade, business or calling in a state buildingNote—See section 622.
557 Refusal of entry to and removal from state building(1) This section applies if a police officer or protective services officer reasonably suspects—(a) the behaviour of an entrant to a state building is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or(b) an entrant to a state building has not complied with a requirement under section 550; or(c) an entrant to a state building has not complied with a request under section 551 or 552; or(d) an entrant to a state building has no good and lawful reason to enter or be at the building.(2) The police officer or protective services officer may—(a) remove the entrant from the state building; and(b) if the entrant is about to enter the state building—prevent the entrant from entering the state building.Note—See also section 615A.
558 Detention of entrants by protective services officers(1) This section applies if a protective services officer reasonably suspects a person who is an entrant to a state building has committed an offence at or in connection with the building.(2) The protective services officer may detain the person for the time reasonably necessary to give the person into the custody of a police officer.(3) It is the duty of the protective services officer to release the person at the earliest reasonable opportunity if the person is no longer reasonably suspected of committing the offence for which the person was detained.(4) Subsection (3) does not apply if the person is reasonably suspected of another offence, whether or not arising out of the circumstances of the offence for which the person was detained.
559 Protective services officer must produce identity card unless in uniform(1) This section applies if a protective services officer, other than a protective services officer who is in uniform, exercises a power under this part in relation to an entrant or group of entrants.(2) The protective services officer must—(a) produce the officer’s identity card for inspection by the entrant or entrants before exercising the power; or(b) display the officer’s identity card so it is clearly visible to the entrant or entrants when exercising the power.(3) However, if it is not reasonably practicable to comply with subsection (2), the protective services officer must produce the identity card for inspection by the entrant or entrants at the first reasonable opportunity.(4) The failure of a protective services officer to comply with subsection (2) or (3) does not make the exercise of a power under this part unlawful.(5) In this section—
"identity card" , of a protective services officer, means the identity card issued to the officer under the Police Service Administration Act 1990 , section 5.21.
560 Relationship with other powers This part does not limit or otherwise affect another Act or law, or any inherent jurisdiction, power or authority of a court or tribunal, that regulates the conduct or presence of a person in a court, tribunal or other state building.