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CRIMINAL CODE AND ANOTHER ACT (STOCK) AMENDMENT BILL 2014

          Queensland



Criminal Code and Another
Act (Stock) Amendment Bill
2014

 


 

 

Queensland Criminal Code and Another Act (Stock) Amendment Bill 2014 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Criminal Code 3 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 398 (Punishment of stealing) . . . . . . . . . . . . . . 4 5 Amendment of s 444A (Killing animals with intent to steal) . . . . . 4 6 Amendment of s 444B (Using registered brands with criminal intention) ......................................... 5 7 Amendment of s 445 (Unlawfully using stock) . . . . . . . . . . . . . . . 5 8 Amendment of s 446 (Suspicion of stealing stock). . . . . . . . . . . . 5 9 Amendment of s 447 (Illegal branding) . . . . . . . . . . . . . . . . . . . . 6 10 Amendment of s 448 (Defacing brands). . . . . . . . . . . . . . . . . . . . 6 11 Amendment of s 448A (Having in possession stock with defaced brand) ........................................... 6 12 Insertion of new ch 44A, ch div 1, hdg . . . . . . . . . . . . . . . . . . . . . 7 13 Amendment of s 450D (Definition for ch 44A) . . . . . . . . . . . . . . . 7 14 Replacement of s 450E (Animals not tendered in certain cases). 7 Chapter division 2 Prescribed records 450E Duty of police officer who seizes an animal connected with a charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 450EA Admissibility of adequate prescribed record. . . . . . . . 8 Chapter division 3 Stock disposal orders 450EB Application for stock disposal order . . . . . . . . . . . . . . 9 450EC Affidavit to accompany application . . . . . . . . . . . . . . . 10 450ED When order may be made if party disputes making of order .................................. 11

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Contents 450EE Order if no dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 450EF Content of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 450EG Security for costs of keeping animal. . . . . . . . . . . . . . 13 450EH Clear title to animal for sale under order . . . . . . . . . . 14 Chapter division 4 Other provisions 450EI Unavailability of animal at trial . . . . . . . . . . . . . . . . . . 14 450EJ Effect of defendant not objecting to animal's return to its owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Amendment of s 450F (Animal valuers and valuations) . . . . . . . . 15 16 Omission of s 450G (Identification of animals and return to owners prior to tender in certain cases) . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Amendment of s 468 (Injuring animals) . . . . . . . . . . . . . . . . . . . . 16 18 Insertion of new ch 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Chapter 93 Transitional provision for Criminal Code and Another Act (Stock) Amendment Act 2014 732 Tendering, return or disposal of stock . . . . . . . . . . . . 17 Part 3 Amendment of Police Powers and Responsibilities Act 2000 19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 Amendment of s 5 (Purposes of Act) . . . . . . . . . . . . . . . . . . . . . . 18 21 Amendment of s 155 (When search warrant ends) . . . . . . . . . . . 18 22 Amendment of s 157 (Powers under search warrant) . . . . . . . . . 18 23 Insertion of new ch 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Chapter 22A Forced muster orders 789AA Application for forced muster order . . . . . . . . . . . . . . 19 789AB Affidavit to accompany application . . . . . . . . . . . . . . . 19 789AC Police officer wishing to give evidence at hearing . . . 20 789AD When order may be made . . . . . . . . . . . . . . . . . . . . . 21 789AE Content of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 789AF Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 789AG Facilities at place of muster to be made available . . . 23 789AH Compensation for damage . . . . . . . . . . . . . . . . . . . . . 24 789AI Frustrating order or obstructing person acting under order ................................. 24 24 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 24 Page 2

 


 

2014 A Bill for An Act to amend the Criminal Code in relation to the disposal of stock seized in connection with a charge and to increase penalties for particular offences, and to amend the Police Powers and Responsibilities Act 2000 to provide for the forced muster of stray stock and for other particular purposes

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Criminal Code and Another Act 4 (Stock) Amendment Act 2014. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Criminal Code 8 Clause 3 Code amended 9 This part amends the Criminal Code. 10 Clause 4 Amendment of s 398 (Punishment of stealing) 11 Section 398, under the heading `Punishment in special cases', 12 section 2(1), `$1000'-- 13 omit, insert-- 14 10 penalty units 15 Clause 5 Amendment of s 444A (Killing animals with intent to 16 steal) 17 (1) Section 444A(2), `$200'-- 18 omit, insert-- 19 Page 4

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 6] 10 penalty units 1 (2) Section 444A(3), `$50000'-- 2 omit, insert-- 3 455 penalty units 4 Clause 6 Amendment of s 444B (Using registered brands with 5 criminal intention) 6 (1) Section 444B(2), `$200'-- 7 omit, insert-- 8 4 penalty units 9 (2) Section 444B(3), `$50000'-- 10 omit, insert-- 11 455 penalty units 12 Clause 7 Amendment of s 445 (Unlawfully using stock) 13 (1) Section 445(1), `$200'-- 14 omit, insert-- 15 4 penalty units 16 (2) Section 445(2), `$50000'-- 17 omit, insert-- 18 455 penalty units 19 Clause 8 Amendment of s 446 (Suspicion of stealing stock) 20 (1) Section 446(1), `$200'-- 21 omit, insert-- 22 4 penalty units 23 (2) Section 446(2), `$50000'-- 24 omit, insert-- 25 Page 5

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 9] 455 penalty units 1 Clause 9 Amendment of s 447 (Illegal branding) 2 (1) Section 447(1), `$200'-- 3 omit, insert-- 4 4 penalty units 5 (2) Section 447(2), `$50000'-- 6 omit, insert-- 7 455 penalty units 8 Clause 10 Amendment of s 448 (Defacing brands) 9 (1) Section 448(1), `$200'-- 10 omit, insert-- 11 4 penalty units 12 (2) Section 448(2), `$50000'-- 13 omit, insert-- 14 455 penalty units 15 Clause 11 Amendment of s 448A (Having in possession stock with 16 defaced brand) 17 (1) Section 448A(1), `$200'-- 18 omit, insert-- 19 4 penalty units 20 (2) Section 448A(2), `$50000'-- 21 omit, insert-- 22 455 penalty units 23 Page 6

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 12] Clause 12 Insertion of new ch 44A, ch div 1, hdg 1 Before section 450D-- 2 insert-- 3 Chapter division 1 Preliminary 4 Clause 13 Amendment of s 450D (Definition for ch 44A) 5 (1) Section 450D, heading, `Definition'-- 6 omit, insert-- 7 Definitions 8 (2) Section 450D-- 9 insert-- 10 adequate prescribed record, of an animal, means 11 a prescribed record that is a true representation of 12 the animal. 13 prescribed record, of an animal, means a record 14 of the animal (including of any brands, permitted 15 brand imprinting positions, ear marks, or tags on 16 the animal) consisting of photographs, tapes, 17 films, digital imagery or any other means of 18 visual reproduction (or any combination of 19 them). 20 stock disposal order see section 450EB(1). 21 Clause 14 Replacement of s 450E (Animals not tendered in certain 22 cases) 23 Section 450E-- 24 omit, insert-- 25 Page 7

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 14] Chapter division 2 Prescribed records 1 450E Duty of police officer who seizes an animal 2 connected with a charge 3 (1) A police officer who seizes an animal connected 4 with a charge-- 5 (a) must as soon as reasonably practicable after 6 the seizure cause an adequate prescribed 7 record of the animal to be made; and 8 (b) if an adequate prescribed record of the 9 animal is caused to be made by the police 10 officer or is otherwise available to a police 11 officer, may cause the animal to be returned 12 to its owner if the defendant does not object 13 to its return. 14 (2) However, subsection (1)(a) does not apply if an 15 adequate prescribed record of the animal is 16 already available to a police officer. 17 450EA Admissibility of adequate prescribed record 18 (1) An adequate prescribed record of an animal is 19 admissible in a proceeding on the charge in 20 relation to which the prescribed record was made 21 by, or made available to, a police officer or on a 22 related charge, as evidence of the matters it 23 depicts, including any of the following-- 24 (a) the existence of the animal when the 25 prescribed record was made; 26 (b) the condition of the animal at that time; 27 (c) a brand or other mark or feature of 28 identification on the animal at that time. 29 (2) Subsection (3) applies if an adequate prescribed 30 record of an animal connected with a charge and 31 seized by a police officer is tendered as evidence 32 Page 8

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 14] of matters depicted by the record in a proceeding 1 on the charge or a related charge. 2 (3) No objection can be taken or allowed to the 3 admission as evidence of matters depicted by the 4 adequate prescribed record. 5 (4) Subsections (1) and (3) apply in relation to a 6 proceeding whether it is started before or after 7 the commencement of this section. 8 (5) In this section-- 9 related charge, for a charge, means a charge 10 based on the same act or omission as the act or 11 omission that charge is based on. 12 Chapter division 3 Stock disposal 13 orders 14 450EB Application for stock disposal order 15 (1) A police officer or Crown prosecutor may apply 16 to the District Court or a Magistrates Court for an 17 order (a stock disposal order) for the sale of an 18 animal that is-- 19 (a) seized; and 20 (b) connected with a charge that has not finally 21 been disposed of. 22 (2) An application for a stock disposal order for an 23 animal may be made only if-- 24 (a) a police officer has caused an adequate 25 prescribed record of the animal to be made, 26 or an adequate prescribed record of the 27 animal is otherwise available to a police 28 officer; and 29 (b) either-- 30 Page 9

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 14] (i) the defendant objects to the animal's 1 return to its owner; or 2 (ii) all of the following apply-- 3 (A) the defendant has indicated to a 4 police officer that the defendant 5 does not object to the animal's 6 return to its owner; 7 (B) a police officer has offered the 8 owner the return of the animal; 9 (C) the owner declined the offer. 10 (3) However, subsection (2)(b) does not apply if the 11 defendant and the person claiming ownership of 12 the animal can not reasonably be located. 13 (4) The applicant must, at least 28 days before the 14 hearing of the application, give each person who 15 has a legal or equitable interest in the animal a 16 copy of the application, unless the person can not 17 reasonably be located. 18 (5) Each person who has a legal or equitable interest 19 in the animal may be a party to the application. 20 450EC Affidavit to accompany application 21 An application for a stock disposal order for an animal 22 must be accompanied by 1 or more affidavits stating 23 the following-- 24 (a) a description of the animal; 25 (b) the charge with which the animal is 26 connected; 27 (c) the name of the defendant, the police officer 28 or Crown prosecutor, and the person 29 claiming to own the animal; 30 (d) details of the adequate prescribed record of 31 the animal; 32 Page 10

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 14] (e) the value of the animal as valued under 1 section 450F; 2 (f) the number of animals connected with the 3 charge; 4 (g) the date and place of the animal's seizure; 5 (h) the persons to whom the applicant gave a 6 copy of the application under section 7 450EB(4); 8 (i) the persons to whom the applicant could not 9 give a copy of the application under section 10 450EB(4) because the person could not 11 reasonably be located. 12 450ED When order may be made if party disputes 13 making of order 14 If a party to an application for a stock disposal order 15 for an animal disputes the making of the order, the 16 court may make the order only if it is satisfied of the 17 following-- 18 (a) section 450EB(2) is satisfied in relation to 19 the application; 20 (b) the applicant gave each person who has a 21 legal or equitable interest in the animal a 22 copy of the application as required under 23 section 450EB(4); 24 (c) the animal has been valued under section 25 450F; 26 (d) the animal is not registered breeding stock; 27 (e) the defendant has had a reasonable time to 28 conduct his or her own inquiries about the 29 identification and value of the animal; 30 (f) there is no good reason for not making the 31 order. 32 Page 11

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 14] 450EE Order if no dispute 1 If no party to an application for a stock disposal order 2 for an animal disputes the making of the order, the 3 court may make the order, unless there is a good 4 reason for not making the order. 5 450EF Content of order 6 (1) A stock disposal order for an animal must-- 7 (a) identify the animal; and 8 (b) direct the commissioner of the police 9 service to sell the animal-- 10 (i) by auction at market value; or 11 (ii) in another stated way; and 12 (c) direct that the net proceeds of the sale be 13 paid into the court. 14 (2) Subsection (3) applies if-- 15 (a) the defendant is acquitted or convicted of 16 the charge with which the animal is 17 connected; or 18 (b) the prosecution of the defendant in relation 19 to the charge with which the animal is 20 connected is discontinued. 21 (3) The prosecutor or the defendant may apply for, or 22 the court in which the charge was heard or to be 23 heard may on its own initiative make, an order 24 that the net proceeds of the sale be paid out of the 25 court, in which the proceeds are held, in a stated 26 way. 27 (4) In deciding how the net proceeds of sale are to be 28 paid out of the court, the court must give priority 29 to any amount owing, immediately before the 30 sale, to an entity under a security interest 31 registered for the animal under the Personal 32 Property Securities Act 2009 (Cwlth). 33 Page 12

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 14] (5) Payment out of court under an order under 1 subsection (3) is stayed-- 2 (a) for 1 month after the making of the order; or 3 (b) if an appeal against the defendant's 4 conviction is started, until the end of the 5 appeal. 6 (6) The appeal court may vary an order made under 7 subsection (3). 8 450EG Security for costs of keeping animal 9 (1) Subsection (2) applies if-- 10 (a) a party to an application for a stock disposal 11 order for an animal disputes the making of 12 the order; and 13 (b) no stock disposal order is made. 14 (2) The court may order the party to provide security, 15 for the benefit of the person keeping the animal, 16 for the amount of the costs decided by the court 17 of keeping the animal for the relevant period. 18 (3) In this section-- 19 relevant period means the period-- 20 (a) starting on the day the hearing of the 21 application starts; and 22 (b) ending on the later of the following-- 23 (i) the day judgment is delivered in an 24 appeal relating to the charge with 25 which the animal is connected; 26 (ii) the day on which any right to appeal 27 relating to the charge with which the 28 animal is connected expires. 29 Page 13

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 14] 450EH Clear title to animal for sale under order 1 A stock disposal order for an animal is sufficient 2 authority for the commissioner of the police service to 3 convey clear title to the animal to any buyer under the 4 order. 5 Chapter division 4 Other provisions 6 450EI Unavailability of animal at trial 7 (1) An animal connected with a charge and seized by 8 a police officer is not required to be made 9 available at the defendant's trial if an adequate 10 prescribed record of the animal is available to the 11 prosecutor for the trial. 12 (2) A defendant's trial is not unfair merely because 13 an animal is unavailable at trial because it has 14 been-- 15 (a) sold under a stock disposal order; or 16 (b) returned to its owner under section 17 450E(1)(b) after its seizure. 18 450EJ Effect of defendant not objecting to animal's 19 return to its owner 20 (1) This section applies if a police officer seizes an 21 animal connected with a charge and the 22 defendant does not object to the return of the 23 animal to its owner. 24 (2) In a proceeding on the charge the court can not 25 draw an inference adverse to the defendant from 26 the fact that the defendant does not object to the 27 animal's return to its owner. 28 Page 14

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 15] Clause 15 Amendment of s 450F (Animal valuers and valuations) 1 (1) Section 450F(3)(d), `according to districts'-- 2 omit. 3 (2) Section 450F(3)(e)-- 4 omit. 5 (3) Section 450F(3)(f), from `in districts'-- 6 omit. 7 (4) Section 450F(3)(g)-- 8 omit. 9 (5) Section 450F(3)(h)-- 10 omit, insert-- 11 (h) the selection of panels of animal valuers; 12 (6) Section 450F(3)(i), (n) and (o), `tribunals'-- 13 omit, insert-- 14 panels 15 (7) Section 450F(3)(i), `tribunal'-- 16 omit, insert-- 17 panel 18 (8) Section 450F(3)(m), `tribunal'-- 19 omit, insert-- 20 a panel 21 (9) Section 450F(3)(t)(ii)-- 22 omit. 23 (10) Section 450F(3)(t)(iii), `and tribunals'-- 24 omit. 25 (11) Section 450F(3)(t)(iii) and (iv)-- 26 renumber as section 450F(3)(t)(ii) and (iii). 27 Page 15

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 16] (12) Section 450F(3)(f) to (u)-- 1 renumber as section 450F(3)(e) to (s). 2 Clause 16 Omission of s 450G (Identification of animals and return 3 to owners prior to tender in certain cases) 4 Section 450G-- 5 omit. 6 Clause 17 Amendment of s 468 (Injuring animals) 7 (1) Section 468(4), `4 penalty units'-- 8 omit, insert-- 9 the prescribed penalty units 10 (2) Section 468-- 11 insert-- 12 (6) In this section-- 13 prescribed penalty units means-- 14 (a) for stock--10 penalty units; or 15 (b) otherwise--8 penalty units. 16 Clause 18 Insertion of new ch 93 17 After section 731-- 18 insert-- 19 Page 16

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 2 Amendment of Criminal Code [s 18] Chapter 93 Transitional provision 1 for Criminal Code and 2 Another Act (Stock) 3 Amendment Act 2014 4 732 Tendering, return or disposal of stock 5 (1) If an undertaking under former section 450E was 6 given for an animal before the commencement, 7 the section continues to apply to the animal as if 8 the amendment Act had not been enacted. 9 (2) If an undertaking under former section 450G was 10 given for an animal before the commencement, 11 the section continues to apply to the animal as if 12 the amendment Act had not been enacted. 13 (3) The prescribed provisions apply to an animal 14 seized before the commencement, other than an 15 animal for which an undertaking mentioned in 16 subsection (1) or (2) was given before the 17 commencement. 18 (4) In this section-- 19 amendment Act means the Criminal Code and 20 Another Act (Stock) Amendment Act 2014. 21 animal see section 450D. 22 commencement means the commencement of 23 this section. 24 former, in relation to a provision, means the 25 provision as in force before the commencement. 26 prescribed provisions means the following-- 27 (a) chapter 44A, chapter division 1; 28 (b) sections 450E(1)(b) and 450EA; 29 (c) chapter 44A, chapter division 3; 30 (d) sections 450EI and 450EJ. 31 Page 17

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 19] Part 3 Amendment of Police Powers 1 and Responsibilities Act 2000 2 Clause 19 Act amended 3 This part amends the Police Powers and Responsibilities Act 4 2000. 5 Clause 20 Amendment of s 5 (Purposes of Act) 6 Section 5-- 7 insert-- 8 (g) to provide for the forced muster of stray 9 stock. 10 Clause 21 Amendment of s 155 (When search warrant ends) 11 Section 155(1)-- 12 omit, insert-- 13 (1) A search warrant issued because there are 14 reasonable grounds for suspecting there is 15 warrant evidence or property at a place ends-- 16 (a) if the search warrant is for stock, whether or 17 not it is also for anything else--21 days 18 after it is issued; or 19 (b) otherwise--7 days after it is issued. 20 Clause 22 Amendment of s 157 (Powers under search warrant) 21 Section 157(1)-- 22 insert-- 23 (l) if the police officer is searching for 24 stock--power to use any equipment, cut out 25 camps, stockyards, dips, dams, ramps, 26 troughs and other facilities on the place 27 Page 18

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 23] being searched that are reasonably needed to 1 be used in the management of stock. 2 Clause 23 Insertion of new ch 22A 3 After section 789-- 4 insert-- 5 Chapter 22A Forced muster 6 orders 7 789AA Application for forced muster order 8 (1) The owner of stock may apply to a Magistrates 9 Court for an order (a forced muster order) for the 10 mustering and removal of stock from a place 11 managed or controlled by a person other than the 12 owner. 13 (2) The applicant must, at least 28 days before the 14 hearing of the application, give a copy of the 15 application to-- 16 (a) the commissioner by registered post; and 17 (b) the person managing or controlling the 18 place, unless it is impracticable to do so. 19 (3) The person managing or controlling the place is a 20 party to the application. 21 789AB Affidavit to accompany application 22 An application for a forced muster order must be 23 accompanied by 1 or more affidavits that-- 24 (a) describe the stock; and 25 (b) state the name of-- 26 (i) the applicant; and 27 (ii) the place; and 28 Page 19

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 23] (iii) the person managing or controlling the 1 place; and 2 (c) state the applicant's information and belief 3 as to the grounds on which the applicant 4 believes the stock is at a place managed or 5 controlled by another person (the other 6 person); and 7 (d) state the applicant's information and belief 8 as to the grounds on which the applicant 9 believes either of the following-- 10 (i) it is impracticable for the applicant to 11 seek permission from the other person 12 to enter the place and remove the stock 13 from it; 14 (ii) the other person unreasonably refuses 15 to permit the applicant to enter the 16 place to search for, locate and remove 17 the stock; and 18 (e) evidence who owns the stock; and 19 (f) evidence of the applicant's compliance with 20 section 789AA(2). 21 789AC Police officer wishing to give evidence at 22 hearing 23 (1) This section applies if a police officer wishes to 24 give evidence at the hearing of an application for 25 a forced muster order. 26 (2) At least 5 days before the hearing, the police 27 officer must ensure-- 28 (a) an affidavit by the police officer containing 29 information the police officer considers 30 relevant to the application is filed; and 31 Page 20

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 23] (b) a copy of the affidavit is given to the 1 applicant and the person managing or 2 controlling the place. 3 (3) The affidavit may state the police officer's 4 information and belief as to particular matters. 5 (4) A police officer who complies with subsection 6 (2) may give evidence at the hearing and be 7 cross-examined. 8 (5) A police officer acting under this section does not 9 become a party to the proceedings. 10 789AD When order may be made 11 The court may make a forced muster order if it is 12 satisfied that-- 13 (a) the applicant has reasonable grounds for 14 believing that the applicant's stock is at a 15 place managed or controlled by a person 16 other than the applicant; and 17 (b) either-- 18 (i) the person managing or controlling the 19 place unreasonably refuses to permit 20 the applicant to enter the place to 21 search for, locate and remove the stock; 22 or 23 (ii) it is impracticable for the applicant to 24 seek permission from the person 25 managing or controlling the place to 26 enter the place and remove the stock 27 from it; and 28 (c) the applicant complied with section 29 789AA(2) for the application. 30 789AE Content of order 31 (1) A forced muster order must-- 32 Page 21

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 23] (a) identify the stock to be searched for by a 1 stated brand or other stated identifying 2 mark; and 3 (b) state the applicant's name; and 4 (c) state the applicant may enter a stated place, 5 including the airspace above the place, to 6 conduct, under the direction and supervision 7 of a police officer, a muster of the stock 8 identified in the order to locate and remove 9 the stock; and 10 (d) state a police officer may direct and 11 supervise the muster and enter the place, 12 including the airspace above the place, to 13 direct and supervise the muster; and 14 (e) state that for conducting the muster the 15 applicant may-- 16 (i) search for and take possession of stock 17 found at the place matching the 18 description of the stock identified in 19 the order; and 20 (ii) draft, cut out, and take any other action 21 necessary to identify and separate the 22 stock from other stock; and 23 (iii) bring onto the place any agent, 24 assistant, horse, dog, vehicle or 25 equipment reasonably necessary for the 26 search or taking possession; and 27 (f) state a police officer may bring onto the 28 place any horse, dog, vehicle or equipment 29 that is reasonably necessary for directing 30 and supervising the muster; and 31 (g) state the order is not effective unless the 32 applicant gives a copy of the order to-- 33 (i) the commissioner by registered post; 34 and 35 Page 22

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 23] (ii) the person managing or controlling the 1 place stated in the order; and 2 (h) state that the order lapses 6 months after it is 3 made. 4 (2) Subsection (1)(d) and (f) do not limit any other 5 powers of a police officer. 6 789AF Costs 7 (1) A court that makes a forced muster order may-- 8 (a) order the payment of costs in relation to the 9 application for the order; or 10 (b) reserve costs in relation to the application. 11 Example for paragraph (b)-- 12 reserve costs of the application until the court is 13 informed by affidavit of the result of any muster 14 conducted under the order 15 (2) Without limiting subsection (1)(a), if the court is 16 satisfied by the result of any muster conducted 17 under the forced muster order that it was 18 inappropriate to apply for the order, the court 19 may order the applicant to pay the costs of the 20 application. 21 789AG Facilities at place of muster to be made 22 available 23 (1) This section applies if the applicant gives a copy 24 of a forced muster order to the person managing 25 or controlling the place stated in the order. 26 (2) The person must make available relevant stock 27 facilities at all reasonable times for the use of any 28 of the following persons acting under the order-- 29 (a) the applicant; 30 (b) the applicant's assistants or agents; 31 Page 23

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 24] (c) a police officer. 1 Maximum penalty--50 penalty units or 6 months 2 imprisonment. 3 (3) In this section-- 4 relevant stock facilities means cut out camps, 5 stockyards, dips, dams, ramps, troughs or other 6 facilities at the place that are reasonably needed 7 to be used in the management of stock. 8 789AH Compensation for damage 9 (1) This section applies if a fence, rail, stockyard, 10 dip, dam, ramp, trough or other facility at the 11 place stated in a forced muster order is damaged 12 because of action taken under the order. 13 (2) The owner of the facility is entitled to 14 compensation from the applicant-- 15 (a) as agreed between the applicant and the 16 owner; or 17 (b) as assessed and ordered by the court. 18 789AI Frustrating order or obstructing person 19 acting under order 20 A person who has knowledge of a forced muster order 21 must not-- 22 (a) do an act or make an omission with intent to 23 frustrate action under the order; or 24 (b) obstruct a person acting under the order. 25 Maximum penalty--50 penalty units or 6 months 26 imprisonment. 27 Clause 24 Amendment of sch 6 (Dictionary) 28 Schedule 6-- 29 Page 24

 


 

Criminal Code and Another Act (Stock) Amendment Bill 2014 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 24] insert-- 1 forced muster order, for chapter 22A, see section 2 789AA(1). 3 stock means any of the following animals or their 4 young-- 5 (a) horses, asses, mules or camels; 6 (b) cattle, oxen or buffalo; 7 (c) sheep; 8 (d) swine; 9 (e) deer; 10 (f) goats. 11 State of Queensland 2014 Authorised by the Parliamentary Counsel Page 25

 


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