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This is a Bill, not an Act. For current law, see the Acts databases.


CHILD PROTECTION (OFFENDER REPORTING) AMENDMENT BILL 2013

          Queensland



Child Protection (Offender
Reporting) Amendment
Bill 2013

 


 

 

Queensland Child Protection (Offender Reporting) Amendment Bill 2013 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Insertion of new ss 74C and 74D . . . . . . . . . . . . . . . . . . . . . . . . . 4 74C Police functions include ensuring compliance with reporting requirement . . . . . . . . . . . . . . . . . . . . . . . . . 4 74D Power to enter and search premises without consent or warrant to ensure compliance . . . . . . . . . . . . . . . . 4

 


 

 

2013 A Bill for An Act to amend the Child Protection (Offender Reporting) Act 2004 for particular purposes

 


 

Child Protection (Offender Reporting) Amendment Bill 2013 [s 1] The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Child Protection (Offender 3 Reporting) Amendment Act 2013. 4 Clause 2 Act amended 5 This Act amends the Child Protection (Offender Reporting) 6 Act 2004. 7 Clause 3 Insertion of new ss 74C and 74D 8 Part 6-- 9 insert-- 10 74C Police functions include ensuring compliance 11 with reporting requirement 12 To remove any doubt, it is declared that the functions 13 of the police service include ensuring compliance with 14 a reporting obligation by a reportable offender. 15 Note-- 16 See the Police Powers and Responsibilities Act 2000, section 17 19 for a police officer's general powers to enter to make 18 inquiries, investigations or serve documents. 19 74D Power to enter and search premises without 20 consent or warrant to ensure compliance 21 (1) Subject to subsection (2), for ensuring 22 compliance with a reporting obligation by a 23 reportable offender, a police officer may, without 24 the consent of the occupier of the premises or a 25 warrant-- 26 (a) at any reasonable time, enter and stay on a 27 premises reported by the reportable offender 28 Page 4

 


 

Child Protection (Offender Reporting) Amendment Bill 2013 [s 3] to be a premises at which the reportable 1 offender generally resides; and 2 (b) stay at the premises for a reasonable time to 3 investigate a matter or make an inquiry to 4 find out whether a detail required to be 5 reported by the reportable offender under 6 section 16 has been correctly reported; and 7 (c) search the premises for any thing (the 8 evidence) that may be evidence of the 9 commission of an offence against section 50 10 or 51. 11 (2) Before entering the premises the police officer 12 must do or make a reasonable attempt to-- 13 (a) tell the occupier the purpose of the entry; 14 and 15 (b) tell the occupier the officer is permitted 16 under this Act to enter the place without the 17 occupier's consent or a warrant. 18 (3) If the police officer enters the premises and finds 19 the evidence, the following provisions have 20 effect-- 21 (a) the officer may seize the evidence; 22 (b) the officer may keep the evidence for 6 23 months or, if a prosecution for an offence 24 against this Act in the commission of which 25 the evidence may have been used or 26 otherwise involved is instituted within that 27 period, until the completion of the 28 proceeding for the offence and any appeal in 29 relation to the proceeding; 30 (c) if the evidence is a document--while the 31 officer has possession of the document, the 32 officer may take extracts from and make 33 copies of the document, but must allow the 34 document to be inspected at any reasonable 35 time by a person who would be entitled to 36 Page 5

 


 

Child Protection (Offender Reporting) Amendment Bill 2013 [s 3] inspect it if it were not in the officer's 1 possession. 2 (4) A police officer does not contravene section 3 70(1) only because the officer complies with 4 subsection (2). 5 (5) In this section-- 6 premises does not include a part of the premises 7 used exclusively by a person other than the 8 reportable offender. 9 Authorised by the Parliamentary Counsel Page 6

 


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