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Queensland
G20 (Safety and Security)
Bill 2013
Queensland
G20 (Safety and Security) Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 Application of Police Powers and Responsibilities Act 2000 and
related matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 General criterion for performance of functions etc. . . . . . . . . . . . 10
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Security areas
Division 1 What is a security area
7 Security areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Application of this Act to security areas . . . . . . . . . . . . . . . . . . . . 11
9 Declared area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Motorcade area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Restricted area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Additional security areas
12 Additional (non-emergency) security area . . . . . . . . . . . . . . . . . . 15
13 Additional (emergency) security area. . . . . . . . . . . . . . . . . . . . . . 17
Division 3 Accreditation or approval to enter particular security areas
14 Accreditation issued by Commonwealth. . . . . . . . . . . . . . . . . . . . 18
15 Approval given by senior police officer . . . . . . . . . . . . . . . . . . . . . 18
Part 3 Lawful assembly
16 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Application of Peaceful Assembly Act 1992 . . . . . . . . . . . . . . . . . 20
18 When assembly is lawful . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Organising an assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
G20 (Safety and Security) Bill 2013
Contents
Part 4 Special powers in relation to security areas
Division 1 Searches of the person
Subdivision 1 Types of search
20 What is a basic search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 What is a frisk search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 What is a specific search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 2 Who may conduct search in security area
23 Who may conduct search in a restricted area . . . . . . . . . . . . . . . 23
24 Who may conduct a search in a declared area . . . . . . . . . . . . . . 24
25 Who may conduct a search in a motorcade area . . . . . . . . . . . . . 25
Subdivision 3 Method of conducting searches
26 Method of conducting basic search . . . . . . . . . . . . . . . . . . . . . . . 25
27 Method of conducting frisk search . . . . . . . . . . . . . . . . . . . . . . . . 26
28 Method of conducting specific search . . . . . . . . . . . . . . . . . . . . . 27
29 Removal of headwear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 4 Requirement for searching children and persons with
impaired capacity
30 Special requirement for child or person with impaired capacity . . 30
Division 2 Stop and search powers
31 Power to stop and search vehicles for restricted area or
motorcade area ................................ 30
32 Power to stop and search vehicles for declared area . . . . . . . . . . 31
Division 3 Searches of premises
33 Power to enter and search premises in a restricted area without
a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 4 Use of detection dogs
34 Use of detection dogs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
35 Protection from liability relating to use of detection dog . . . . . . . . 34
Division 5 Power to require reason for entry and personal details
36 Power to require reason for entry to, or presence in, particular
security area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Power to require personal details at a security area . . . . . . . . . . 35
38 Power to require personal details for offence etc.. . . . . . . . . . . . . 36
Division 6 Road closures etc.
39 Power to close a road, easement, access or waterway . . . . . . . . 37
40 Checkpoint, cordon and road impeder . . . . . . . . . . . . . . . . . . . . . 38
Page 2
G20 (Safety and Security) Bill 2013
Contents
Division 7 Powers to prevent entry or remove
41 Power to prevent person or vehicle entering, or to remove a person
from, restricted area or motorcade area. . . . . . . . . . . . . . . . . . . . 40
42 Power to prevent person or vehicle entering, or to remove a person
from, declared area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
43 Power to remove a person from a closed road . . . . . . . . . . . . . . . 42
44 Power to seize and remove obstruction object . . . . . . . . . . . . . . . 42
45 Power to remove vehicle from restricted area . . . . . . . . . . . . . . . 42
46 Power to remove vehicle from motorcade area . . . . . . . . . . . . . . 42
47 Power to remove vehicle from declared area . . . . . . . . . . . . . . . . 43
Division 8 Direction for safety or security
48 Power to give a direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 9 Use of force by appointed persons
49 Power to use force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 5 Prohibited persons and excluded persons
Division 1 Prohibited persons
50 Prohibited persons list may be compiled . . . . . . . . . . . . . . . . . . . 45
51 Notice that person's name is on prohibited persons list . . . . . . . . 45
52 Public publication that person on prohibited persons list . . . . . . . 47
53 When a person becomes a prohibited person . . . . . . . . . . . . . . . 48
54 Powers relating to prohibited persons . . . . . . . . . . . . . . . . . . . . . 48
Division 2 Excluded persons
55 Exclusion of persons from security area . . . . . . . . . . . . . . . . . . . 49
56 Police officer may notify exclusion . . . . . . . . . . . . . . . . . . . . . . . . 51
57 Identification of excluded person . . . . . . . . . . . . . . . . . . . . . . . . . 51
58 Powers relating to excluded person . . . . . . . . . . . . . . . . . . . . . . . 52
Part 6 Prohibited items and related provisions
59 Prohibited item . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
60 Power to seize or require surrender of prohibited item. . . . . . . . . 53
61 Return or forfeiture of prohibited item. . . . . . . . . . . . . . . . . . . . . . 54
62 Exemption for possession of prohibited items by police officer or
appointed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 7 Offences
63 Prohibited item offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
64 Climbing onto, under, over or around barrier, etc. . . . . . . . . . . . . 56
65 Application of s 64 limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
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G20 (Safety and Security) Bill 2013
Contents
66 Entering or climbing building or structure in view of security area
with intent to cause injury, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
67 Lighting a fire in a security area . . . . . . . . . . . . . . . . . . . . . . . . . . 57
68 Failing to comply with requirement to disclose personal details. . 58
69 Failing to comply with direction. . . . . . . . . . . . . . . . . . . . . . . . . . . 58
70 Unauthorised entry to restricted area. . . . . . . . . . . . . . . . . . . . . . 58
71 Unauthorised entry to motorcade area. . . . . . . . . . . . . . . . . . . . . 59
72 Prohibited person not to enter security area . . . . . . . . . . . . . . . . 59
73 Unauthorised entry to security area by excluded person . . . . . . . 59
74 Interfering with any part of the G20 meeting . . . . . . . . . . . . . . . . 59
75 Assaulting or obstructing appointed person . . . . . . . . . . . . . . . . . 59
Part 8 Exemptions from particular offence provisions
76 Application of Transport Operations (Road Use Management)
Act 1995 ......................................... 60
77 Power to give emergency direction to disobey traffic provision . . 60
Part 9 Arrest and custody powers and bail
Division 1 Arrest and custody powers
78 Arrest without warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
79 Detention of person arrested . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
80 Dealing with person arrested . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
81 Protection of person released without charge . . . . . . . . . . . . . . . 62
Division 2 Bail
82 Presumption against bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Part 10 Compensation
83 Compensation for person normally residing in restricted area . . . 64
84 Compensation for prohibited person normally residing in security
area ....................................... 64
Part 11 Disclosure of information
85 Prohibition on unauthorised disclosure of restricted information . 65
86 Disclosure of information in possession of police service . . . . . . 65
Part 12 General provisions about non-State police officers and
appointed persons
Division 1 Non-State police officers
87 Authorisation of non-State police officers . . . . . . . . . . . . . . . . . . . 66
88 Production of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2 Appointed persons
89 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Page 4
G20 (Safety and Security) Bill 2013
Contents
90 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
91 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 69
92 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
93 Misuse of position as appointed person or of identity card . . . . . 70
Part 13 Miscellaneous
94 Special justification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
95 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
96 Registration plate identification . . . . . . . . . . . . . . . . . . . . . . . . . . 72
97 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
98 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
99 Amendment of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
100 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Part 14 Expiry and provision if G20 meeting cancelled
101 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
102 Regulation may provide that provisions do not operate if G20
meeting is cancelled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Part 15 Amendment of other Acts
Division 1 Amendment of Holidays Act 1983
103 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
104 Insertion of new s 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
12 Particular public holiday in 2014. . . . . . . . . . . . . . . . . 74
Division 2 Amendment of Industrial Relations Act 1999
105 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
106 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 3 Amendment of Right to Information Act 2009
107 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
108 Amendment of sch 3 (Exempt information) . . . . . . . . . . . . . . . . . 75
Division 4 Amendment of Trading (Allowable Hours) Act 1990
109 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
110 Insertion of new pt 5B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 5B Particular public holiday in 2014
31C Allowable trading hours not affected by particular
public holiday in 2014 . . . . . . . . . . . . . . . . . . . . . . . . . 76
Schedule 1 Application of Act to declared areas and restricted areas . . 77
Schedule 2 Core declared area in Cairns . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Schedule 3 Core declared areas in Brisbane . . . . . . . . . . . . . . . . . . . . . . . 81
Page 5
G20 (Safety and Security) Bill 2013
Contents
Schedule 4 Core restricted areas in Cairns . . . . . . . . . . . . . . . . . . . . . . . . 83
Schedule 5 Core restricted areas in Brisbane . . . . . . . . . . . . . . . . . . . . . . 86
Schedule 6 Prohibited items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Schedule 7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Page 6
2013
A Bill
for
An Act to provide for the safety and security of persons
attending the Group of Twenty leaders' summit in Brisbane in
2014 and other related meetings and events in Queensland in
2014, to ensure the safety of members of the community and to
protect property during the hosting of the summit and other
related meetings and to amend the Holidays Act 1983, the
Industrial Relations Act 1999, the Right to Information Act 2009
and the Trading (Allowable Hours) Act 1990 for particular
purposes
G20 (Safety and Security) Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the G20 (Safety and Security) Act 4
2013. 5
2 Objectives 6
(1) The objectives of this Act are to provide police officers, 7
non-State police officers and appointed persons with special 8
powers-- 9
(a) to promote the safety and security of persons attending 10
any part of the G20 meeting, which is comprised of the 11
following-- 12
(i) the Group of Twenty leaders' summit in Brisbane 13
in 2014 (the leaders summit); 14
(ii) the Group of Twenty Finance Ministers' and 15
Central Bank Governors' meeting in Cairns in 16
2014 (the Cairns finance meeting); 17
(iii) any official meeting of sherpas in Queensland in 18
2014 for preparation or otherwise in relation to the 19
leaders summit, the Cairns finance meeting or any 20
event or meeting related to the summit or finance 21
meeting (a sherpa meeting); 22
(iv) any other G20 event; and 23
(b) to ensure the safety of members of the public from acts 24
of civil disobedience in relation to any part of the G20 25
meeting; and 26
(c) to protect property from damage from civil disobedience 27
in relation to any part of the G20 meeting; and 28
Page 8
G20 (Safety and Security) Bill 2013
Part 1 Preliminary
[s 3]
(d) to prevent acts of terrorism directly or indirectly related 1
to any part of the G20 meeting; and 2
(e) to regulate traffic and pedestrian movement to ensure 3
the passage of motorcades related to any part of the G20 4
meeting is not impeded. 5
(2) Without limiting subsection (1), the objectives include-- 6
(a) promoting the safety and security of the venues and 7
facilities used or to be used for any part of the G20 8
meeting; and 9
(b) promoting the safety and security of accommodation for 10
persons attending any part of the G20 meeting; and 11
(c) promoting the safety and security of motorcade routes 12
used or to be used for transporting persons attending any 13
part of the G20 meeting. 14
3 Act binds all persons 15
(1) This Act binds all persons, including the State and, so far as 16
the legislative power of the Parliament permits, the 17
Commonwealth and the other States. 18
(2) Nothing in this Act makes the State, the Commonwealth or 19
another State liable to be prosecuted for an offence. 20
4 Application of Police Powers and Responsibilities Act 21
2000 and related matter 22
(1) This Act prevails, to the extent of any inconsistency, over the 23
Police Powers and Responsibilities Act 2000 (the Police Act) 24
in relation to a power conferred, or responsibility imposed, 25
under the Police Act on a police officer. 26
(2) To remove any doubt, it is declared that the Police Act, section 27
11(3) does not apply to a provision of this Act that confers a 28
power or imposes a responsibility on a police officer. 29
(3) The Police Act, section 624(2) does not apply to a basic 30
search. 31
Page 9
G20 (Safety and Security) Bill 2013
Part 1 Preliminary
[s 5]
(4) The Police Act, chapter 17, part 4 applies to an offence 1
against this Act as if the offence were an identifying 2
particulars offence within the meaning of the Police Act. 3
(5) The Police Act, chapter 21, part 2, division 3 does not apply in 4
relation to a police officer who is exercising a power under 5
this Act. 6
(6) Unless this Act provides otherwise, this Act does not prevent 7
the exercise of a power conferred on a police officer by 8
another Act. 9
5 General criterion for performance of functions etc. 10
(1) This section applies to the performance of a function by any 11
of the following under a provision of this Act-- 12
(a) the commissioner; 13
(b) an assistant commissioner or deputy commissioner 14
(including when performing a function under a 15
delegation from the commissioner); 16
(c) a police officer (including a non-State police officer 17
when performing a function under an authorisation as 18
mentioned in section 87); 19
(d) an appointed person. 20
(2) A person to whom this section applies must perform a 21
function conferred by this Act having regard to the objectives 22
of this Act. 23
(3) In this section-- 24
function includes a power. 25
performing a function includes exercising a power. 26
6 Definitions 27
The dictionary in schedule 7 defines particular words used in 28
this Act. 29
Page 10
G20 (Safety and Security) Bill 2013
Part 2 Security areas
[s 7]
Part 2 Security areas 1
Division 1 What is a security area 2
7 Security areas 3
Each of the following is a security area-- 4
(a) a declared area; 5
(b) a restricted area; 6
(c) a motorcade area. 7
Note-- 8
An area that is or becomes a security area is only a security area for a 9
particular period. See section 8. Accordingly, if a police officer may 10
exercise a power in relation to an area that is a security area, the officer 11
may only exercise the power when the area is a security area. 12
8 Application of this Act to security areas 13
(1) This Act applies in relation to-- 14
(a) a declared area or restricted area--only for the period 15
stated in schedule 1 for the area; and 16
(b) a motorcade area--only for the period stated in the 17
declaration of the motorcade area. 18
(2) A power conferred by this Act by reference to a security area 19
or other area, or to the G20 period, is also exercisable in 20
relation to any part of the security area or other area, or to any 21
part of the G20 period, unless to do so is inconsistent with the 22
provision conferring the power. 23
(3) Each period stated in schedule 1 or section 10-- 24
(a) starts at the beginning of the first day of the stated 25
period; and 26
(b) ends at the end of the last day of the stated period. 27
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G20 (Safety and Security) Bill 2013
Part 2 Security areas
[s 9]
9 Declared area 1
(1) A declared area is any of the following-- 2
(a) an area shown hatched on a map in schedule 2 or 3 (a 3
map area), subject to any modification mentioned in 4
subsection (2); 5
(b) an area declared to be an additional declared area; 6
(c) the area of the footpath on either side of a motorcade 7
area, unless the area of the footpath is in a restricted 8
area. 9
(2) A regulation may provide either or both of the following in 10
relation to a map area and, if a regulation so provides, the map 11
area is modified in the way stated in the regulation-- 12
(a) the map area is reduced; 13
(b) an area or place in the map area is not part of the map 14
area. 15
(3) The exact location of the boundary of each core declared area 16
is held in digital electronic form by the department. 17
(4) Maps showing the exact location of the boundary of each core 18
declared area can be accessed, free of charge, on the 19
department's website. 20
Editor's note-- 21
The department's website address is . 22
(5) The information held in digital electronic form can be reduced 23
or enlarged to show the details of the boundaries. 24
10 Motorcade area 25
(1) Subject to subsections (2) and (3), a senior police officer may 26
declare any of the following a motorcade area-- 27
(a) an area of a road, other than a footpath; 28
(b) an area of waterway. 29
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G20 (Safety and Security) Bill 2013
Part 2 Security areas
[s 11]
(2) For the Cairns finance meeting, a senior police officer may 1
only declare an area in Cairns a motorcade area during the 2
period 16 to 22 September 2014. 3
(3) For the leaders summit, a senior police officer may only 4
declare an area in Brisbane a motorcade area during the period 5
14 to 17 November 2014. 6
(4) A declaration under subsection (1) has effect-- 7
(a) when it is published on the prescribed website; or 8
(b) if it can not be published on the prescribed 9
website--when it is publicly published in another way. 10
(5) However, a declaration can not take effect before it is 11
published under subsection (4). 12
(6) A motorcade area remains in force until the declaration is 13
revoked by a notice by a senior police officer published on the 14
prescribed website. 15
(7) If there is overlap between a motorcade area and a declared 16
area, the provisions that apply to a motorcade area prevail to 17
the extent of any inconsistency with the provisions that apply 18
to a declared area. 19
11 Restricted area 20
(1) A restricted area is any of the following-- 21
(a) an area shown hatched on a map in schedule 4 or 5 (a 22
map area), subject to any modification mentioned in 23
subsection (2) to (4) for the area; 24
(b) an area declared to be an additional restricted area. 25
(2) A regulation may provide either or both of the following in 26
relation to a map area and, if a regulation so provides, the map 27
area is modified in the way stated in the regulation-- 28
(a) the map area is reduced; 29
(b) an area or place in the map area is not part of the map 30
area. 31
(3) The restricted area shown on the map in schedule 5, part 3-- 32
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G20 (Safety and Security) Bill 2013
Part 2 Security areas
[s 11]
(a) includes the bus interchange and turning area under the 1
concourse and the entry to and exit from the bus 2
terminal to Chippendall Street; but 3
(b) does not include the following-- 4
(i) the disabled access ramp on Chippendall 5
Street; 6
(ii) the footpath that leads into the driveway of 7
the Christ Church Milton at the eastern end 8
of Chippendall Street; 9
(iii) the Energex substation MLT, including the 10
driveway leading from the substation to 11
Castlemaine Street; 12
(iv) the upper level concourse including the 13
pedestrian bridge. 14
(4) Each core restricted area stated in column 1 of the following 15
table does not include the building stated in column 2-- 16
Column 1 Column 2
Restricted area Building excluded
restricted area shown on the map in building at 111 George Street, Brisbane
schedule 5, part 5
restricted area shown on the map in building at 53 Albert Street, Brisbane
schedule 5, part 6
restricted area shown on the map in Admiralty Tower 1 at 35 Howard Street,
schedule 5, part 7 Brisbane
Admiralty Tower 2 at 501 Queen Street,
Brisbane
restricted area shown on the map in Waterfront Place at 1 Eagle Street,
schedule 5, part 8 Brisbane
restricted area shown on the map in Australian Government Centre at 281
schedule 5, part 12 Ann Street, Brisbane
Page 14
G20 (Safety and Security) Bill 2013
Part 2 Security areas
[s 12]
(5) Without limiting subsection (2), a core restricted area may be 1
reduced by a senior police officer by causing the boundary of 2
the core restricted area after the reduction to be indicated by a 3
cordon, barrier or similar thing. 4
(6) Also, if a senior police officer causes the cordon, barrier or 5
similar thing to be-- 6
(a) moved 1 or more times within the original 7
boundary--the boundary of the core restricted area is as 8
indicated by the cordon, barrier or similar thing; or 9
(b) removed--the boundary of the core restricted area 10
reverts to the boundary of the core restricted area before 11
it was reduced by the senior police officer under 12
subsection (5). 13
(7) If there is overlap between a restricted area and declared area, 14
the provisions that apply to a restricted area prevail to the 15
extent of any inconsistency with the provisions that apply to a 16
declared area. 17
(8) The exact location of the boundary of each core restricted area 18
is held in digital electronic form by the department. 19
(9) Maps showing the exact location of the boundary of each core 20
restricted area can be accessed, free of charge, on the 21
department's website. 22
Editor's note-- 23
The department's website address is . 24
(10) The information held in digital electronic form can be reduced 25
or enlarged to show the details of the boundaries. 26
Division 2 Additional security areas 27
12 Additional (non-emergency) security area 28
(1) A regulation may declare an area of land or water, other than a 29
core security area, to be either of the following for the period 30
stated in the regulation-- 31
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Part 2 Security areas
[s 12]
(a) an additional restricted area; 1
(b) an additional declared area. 2
(2) The commissioner may, with the Minister's approval, by 3
written order declare an area of land or water, other than a 4
core security area, to be either of the following for the period 5
stated in the order-- 6
(a) an additional restricted area; 7
(b) an additional declared area. 8
(3) However, the commissioner may declare an area to be an 9
additional restricted area or additional declared area only if 10
the commissioner is reasonably satisfied-- 11
(a) declaring the area to be an additional restricted area or 12
additional declared area will assist in promoting the 13
safety and security of the G20 meeting or the safety or 14
security of the public; and 15
(b) there is not enough time to make a regulation under 16
subsection (1). 17
(4) An order made under subsection (2) has effect when it is 18
published on the prescribed website or a later time stated in 19
the order. 20
(5) The Minister must table an order made under subsection (2) in 21
the Legislative Assembly within 14 sitting days after the order 22
is made. 23
(6) A failure by the Minister to table an order under subsection 24
(5) does not affect the order's validity. 25
(7) The period for which an area is declared to be an additional 26
restricted area or additional declared area must be no longer 27
than until the end of the G20 period. 28
(8) A regulation or order may declare an area is an additional 29
restricted area or additional declared area at all times during 30
the G20 period or only at the times stated in the regulation or 31
order. 32
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Part 2 Security areas
[s 13]
(9) In this section-- 1
core security area means a core declared area or core 2
restricted area. 3
enough time to make a regulation means enough time-- 4
(a) to prepare and draft the regulation and related 5
documents; and 6
(b) to obtain Cabinet consent to the making of the 7
regulation; and 8
(c) for the Governor in Council to make the regulation; and 9
(d) for the regulation to be notified as mentioned in the 10
Statutory Instruments Act 1992, section 47. 11
13 Additional (emergency) security area 12
(1) The commissioner may, by written order, make a declaration 13
of the type mentioned in section 12(2) without the Minister's 14
approval if the commissioner is not only reasonably satisfied 15
about the matters mentioned in section 12(3) in relation to an 16
area but is also reasonably satisfied-- 17
(a) it is necessary to declare the area of land or water to be 18
an additional restricted area or additional declared area 19
as a matter of urgency; and 20
(b) a delay to obtain the Minister's approval would be likely 21
to substantially compromise the safety and security of 22
the G20 meeting. 23
(2) If the commissioner makes an order under subsection (1)-- 24
(a) as soon as practicable after the order is made, the 25
commissioner must inform the Minister about the 26
making of the order and its terms; and 27
(b) the order has effect-- 28
(i) if the commissioner is reasonably satisfied as 29
mentioned in subsection (1)(b) because a threat has 30
been made against the life of a G20 31
participant--when the order is made; or 32
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Part 2 Security areas
[s 14]
(ii) otherwise--when it is published on the prescribed 1
website. 2
(3) However, a person can not be convicted of an offence against 3
this Act relating to an area of land or water that is, by order 4
under subsection (1), an additional restricted area or 5
additional declared area if the relevant act or omission 6
committed by the person happened after the order was made 7
but before it is published on the prescribed website, unless the 8
person was advised about the order and its making. 9
(4) The Minister must table an order made under subsection (1) in 10
the Legislative Assembly within 14 sitting days after the order 11
is made. 12
(5) A failure by the Minister to table an order under subsection 13
(4) does not affect the validity of the order. 14
Division 3 Accreditation or approval to enter 15
particular security areas 16
14 Accreditation issued by Commonwealth 17
(1) A person may have access to a restricted area or part of a 18
restricted area under the authority of an accreditation issued 19
by the Commonwealth (Commonwealth accreditation). 20
(2) The Commonwealth accreditation is subject to any limitation 21
or restriction stated in the accreditation. 22
Example of a restriction-- 23
A kitchen hand may have access to the kitchen of the Brisbane 24
Convention and Exhibition Centre only during the periods the kitchen 25
hand is rostered for duty. 26
15 Approval given by senior police officer 27
(1) A senior police officer may give a person either or both of the 28
following (each of which is an access approval)-- 29
(a) an approval authorising the person to have access to all 30
or part of a restricted area; 31
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[s 16]
(b) an approval authorising the person to have access to all 1
or part of a motorcade area. 2
Examples of persons to whom an approval may be given under this 3
subsection-- 4
· a Queensland Ambulance Service ambulance officer 5
· a Queensland Fire and Rescue Service fire service officer 6
· a doctor 7
· a person who is critical infrastructure personnel 8
(2) However, a senior police officer may give a person an access 9
approval only if the officer is reasonably satisfied-- 10
(a) it is necessary for the person to have access to the 11
security area, or part of the security area, as stated in the 12
approval; and 13
(b) the access is not inconsistent with the safety and 14
security of the G20 meeting. 15
(3) A person given an access approval may have access to a 16
restricted area, part of a restricted area, a motorcade area or 17
part of a motorcade area, under the authority of the approval. 18
(4) An approval under subsection (1)-- 19
(a) may be given orally or in writing; and 20
(b) is subject to any limitation or restriction applying to the 21
approval. 22
Part 3 Lawful assembly 23
16 Purpose of pt 3 24
(1) The purpose of this part is to allow for lawful assemblies in 25
declared areas while ensuring the safety and security of the 26
G20 meeting. 27
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Part 3 Lawful assembly
[s 17]
Note-- 1
See sections 7 and 8 about security areas and the application of the Act 2
to security areas. Generally speaking, the periods when an area may be a 3
security area are as follows-- 4
(a) for the Cairns finance meeting--16 to 22 September 2014; 5
(b) for the leaders summit in Brisbane--1 to 17 November 2014. 6
(2) A lawful assembly in a declared area is allowed but no 7
assembly is allowed in a restricted area or motorcade area. 8
17 Application of Peaceful Assembly Act 1992 9
The Peaceful Assembly Act 1992 does not apply to an 10
assembly in a security area. 11
18 When assembly is lawful 12
(1) An assembly in relation to any part of the G20 meeting is 13
lawful if-- 14
(a) it is held in a declared area; and 15
(b) the assembly does not disrupt any part of the G20 16
meeting; and 17
(c) an offence is not committed under this Act by at least 2 18
persons who are acting in concert and participating in 19
the assembly; and 20
(d) a violent disruption offence is not committed by a 21
person participating in the assembly; and 22
(e) an offence involving damage or destruction to property 23
is not committed by a person participating in the 24
assembly; and 25
(f) the assembly does not enter into a restricted area or 26
motorcade area. 27
(2) In this section-- 28
assembly means an assembly held in a public place, whether 29
or not the assembly is at a particular place or moving, but does 30
not include a group of unrelated spectators. 31
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Part 3 Lawful assembly
[s 19]
violent disruption offence means an offence if-- 1
(a) the offence involves violence against a person or 2
damage to property; and 3
(b) the offence is intended or is likely to disrupt any part of 4
the G20 meeting. 5
19 Organising an assembly 6
(1) At least 48 hours before holding a proposed assembly, the 7
organiser of the proposed assembly must give the 8
commissioner notice of the proposed assembly, including its 9
location, time and date. 10
(2) The commissioner must make a person (a liaison officer) 11
available to consult with the organiser to negotiate the most 12
suitable location, date and time for the proposed assembly 13
to-- 14
(a) ensure assemblies with conflicting interests are 15
separated by appropriate distance; and 16
(b) provide the organiser with information about any 17
relevant requirements and restrictions under this Act. 18
(3) Neither of the following make an assembly unlawful-- 19
(a) a failure by the organiser of a proposed assembly to give 20
notice under subsection (1) or to consult with the 21
relevant liaison officer under subsection (2); 22
(b) a refusal by the organiser to change the date and time of 23
the proposed assembly. 24
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Part 4 Special powers in relation to security areas
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Part 4 Special powers in relation to 1
security areas 2
Division 1 Searches of the person 3
Subdivision 1 Types of search 4
20 What is a basic search 5
A basic search is any or all of the following-- 6
(a) a search using any or all of the following electronic 7
screening devices-- 8
(i) a walk-through detector; 9
(ii) an x-ray scanner to scan a person; 10
(iii) a handheld scanner; 11
(iv) an explosive detector; 12
(v) an x-ray machine for property; 13
(b) a search of a person's belongings, including any or all of 14
the following-- 15
(i) requiring the person to remove 1 or more items of 16
outer clothing worn by the person and searching 17
the clothing; 18
(ii) removing all articles from within the person's 19
clothing and searching the articles; 20
(iii) requiring the person to remove the person's 21
headwear, gloves and footwear and searching the 22
headwear, gloves and footwear; 23
(iv) requiring an article in the person's belongings to be 24
searched; 25
(v) placing an item in the person's belongings in or on 26
an x-ray machine. 27
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Part 4 Special powers in relation to security areas
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21 What is a frisk search 1
A frisk search, of a person, is any or all of the following-- 2
(a) a search of the person conducted by quickly running the 3
hands over the person's outer clothing; 4
(b) a search of anything worn by the person that is 5
conveniently and voluntarily removed by the person; 6
(c) a search of headwear, gloves, footwear or outer clothing 7
removed from the person; 8
(d) a search of anything carried by the person. 9
22 What is a specific search 10
A specific search, of a person, is any or all of the following-- 11
(a) a search of anything worn by the person that is 12
conveniently and voluntarily removed by the person; 13
(b) a search of headwear, gloves, footwear or clothing 14
removed from the person; 15
(c) a strip search of the person; 16
(d) a medical x-ray of the person; 17
(e) a search of anything carried by the person. 18
Subdivision 2 Who may conduct search in 19
security area 20
23 Who may conduct search in a restricted area 21
(1) A police officer or appointed person may conduct a basic 22
search of a person attempting to enter, about to enter, in or 23
leaving a restricted area. 24
(2) A police officer may conduct a frisk search of a person 25
attempting to enter, about to enter, in or leaving a restricted 26
area. 27
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Part 4 Special powers in relation to security areas
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(3) A police officer may conduct a specific search of a person 1
attempting to enter, about to enter, in or leaving a restricted 2
area or part of a restricted area if-- 3
(a) the person does not hold a Commonwealth accreditation 4
or access approval authorising access to the area or part; 5
or 6
(b) the officer reasonably suspects the person may be in 7
possession of a prohibited item without lawful excuse. 8
(4) However, subsection (3)(a) does not apply to any person on 9
board a train that-- 10
(a) is in transit between Roma Street Station and South 11
Bank Station; and 12
(b) is not authorised by Aurizon Operations Limited ACN 13
124 649 967 to stop at South Brisbane Station. 14
24 Who may conduct a search in a declared area 15
(1) A police officer may conduct a basic search of a person 16
attempting to enter, about to enter, in or leaving a declared 17
area. 18
(2) A police officer may conduct a frisk search of a person 19
attempting to enter, about to enter, in or leaving a declared 20
area if the officer reasonably suspects the person-- 21
(a) may be in possession of a prohibited item without lawful 22
excuse; or 23
(b) is a prohibited person; or 24
(c) is an excluded person. 25
(3) A police officer may conduct a specific search of a person 26
attempting to enter, about to enter, in or leaving a declared 27
area if-- 28
(a) the officer reasonably suspects the person may be in 29
possession of a prohibited item without lawful excuse; 30
and 31
(b) either-- 32
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Part 4 Special powers in relation to security areas
[s 25]
(i) the officer reasonably suspects a frisk search of the 1
person will not locate the prohibited item; or 2
(ii) a frisk search of the person has not located the 3
prohibited item. 4
(4) Also, a police officer may conduct a specific search of a 5
prohibited person or excluded person attempting to enter, 6
about to enter, in, or leaving a declared area. 7
25 Who may conduct a search in a motorcade area 8
(1) A police officer or appointed person may conduct a basic 9
search of a person attempting to enter, about to enter, in or 10
leaving a motorcade area. 11
(2) A police officer may conduct a frisk search of a person 12
attempting to enter, about to enter, in or leaving a motorcade 13
area. 14
(3) A police officer may conduct a specific search of a person 15
attempting to enter, about to enter, in or leaving a motorcade 16
area if the officer reasonably suspects the person-- 17
(a) does not hold a Commonwealth accreditation or access 18
approval authorising the person to be in the motorcade 19
area; or 20
(b) may be in possession of a prohibited item without lawful 21
excuse. 22
Subdivision 3 Method of conducting searches 23
26 Method of conducting basic search 24
To conduct a basic search of a person, a police officer or 25
appointed person may do any or all of the following-- 26
(a) stop the person; 27
(b) detain the person; 28
(c) move the person to a place to be searched; 29
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(d) direct the person on how to stand for the purpose of the 1
search, including, for example, direct the person to stand 2
with the person's arms raised to the person's sides so 3
that a scanner can be run over the person's clothing; 4
(e) require the person to walk through a walk-through 5
detector; 6
(f) require the person to stand in or walk through an 7
electronic scanner or screening device; 8
(g) require the person to remove the person's headwear, 9
gloves, footwear or outer clothing; 10
(h) search any item the person has removed under 11
paragraph (g); 12
(i) require the person to remove any item the person is 13
carrying and put it in a particular place, including on an 14
x-ray machine; 15
(j) operate any electronic scanner or screening device in the 16
way it was designed to be used; 17
(k) for the purpose of the search, take control of any item 18
the person is carrying; 19
(l) search any item the person is carrying. 20
27 Method of conducting frisk search 21
(1) To conduct a frisk search of a person, a police officer may do 22
any or all of the following-- 23
(a) stop the person; 24
(b) detain the person; 25
(c) move the person to a place to be searched; 26
(d) direct the person on how to stand for the purpose of the 27
search, including, for example, direct the person to stand 28
with the person's arms raised to the person's sides; 29
(e) require the person to remove the person's headwear, 30
gloves, footwear or outer clothing; 31
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(f) require the person to remove any item the person is 1
carrying and put it in a particular place, including on an 2
x-ray machine; 3
(g) remove any headwear, gloves, footwear or outer 4
clothing the person is wearing if the person refuses to do 5
so; 6
(h) search any item the person has removed under 7
paragraph (e) or that is removed under paragraph (g); 8
(i) operate any electronic scanner or screening device in the 9
way it was designed to be used; 10
(j) for the purpose of the search, take control of any item 11
the person is carrying; 12
(k) search any item the person is carrying. 13
(2) The police officer may touch clothing the person is wearing 14
by quickly running the officer's hands over the person's outer 15
clothing but only if the person is the same sex as the officer. 16
(3) Subsection (2) does not apply if-- 17
(a) a police officer of the same sex is not immediately 18
available; and 19
(b) compliance with subsection (2) may pose a serious 20
threat to a person's safety. 21
Examples for paragraph (b)-- 22
1 The person is reasonably suspected of carrying a firearm 23
and may pose a risk to the safety of a police officer. 24
2 The person is reasonably suspected of carrying an explosive 25
device. 26
28 Method of conducting specific search 27
(1) To conduct a specific search of a person, a police officer may 28
do any or all of the following-- 29
(a) stop the person; 30
(b) detain the person; 31
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[s 28]
(c) move the person to a place to be searched; 1
(d) direct the person on how to stand for the purpose of the 2
search, including, for example, direct the person to stand 3
with the person's arms raised to the person's sides; 4
(e) require the person to remove the person's headwear, 5
gloves, footwear or clothing; 6
(f) require the person to remove any item the person is 7
carrying and put it in a particular place, including on an 8
x-ray machine; 9
(g) remove any headwear, gloves, footwear or clothing the 10
person is wearing if the person refuses to do so; 11
(h) search any item the person has removed under 12
paragraph (e) or that is removed under paragraph (g); 13
(i) operate any electronic scanner or screening device in the 14
way it was designed to be used; 15
(j) for the purpose of the search, take control of any item 16
the person is carrying; 17
(k) search any item the person is carrying; 18
(l) if a police officer reasonably suspects the person may be 19
concealing an explosive device in the person's 20
body--require the person to have a medical x-ray. 21
(2) However, a police officer may only conduct a specific search 22
requiring a person to remove clothing, other than outer 23
clothing, if the person is the same sex as the officer. 24
(3) Subsection (2) does not apply if-- 25
(a) a police officer of the same sex is not immediately 26
available; and 27
(b) compliance with subsection (2) may pose a serious 28
threat to a person's safety. 29
(4) A specific search of a person that involves the removal of 30
clothing, other than outer clothing, must be carried out at a 31
place where there is reasonable privacy for the person, unless 32
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[s 29]
a failure to search the person immediately may pose a serious 1
threat to a person's safety. 2
(5) A radiologist or radiographer, or a police bomb technician 3
acting under the guidance of a radiologist or radiographer, 4
may conduct a medical x-ray for a police officer for 5
subsection (1)(l). 6
29 Removal of headwear 7
(1) This section applies if-- 8
(a) either-- 9
(i) a police officer or appointed person requires a 10
person to remove the person's headwear under this 11
Act; or 12
(ii) a police officer or appointed person intends to 13
remove a person's headwear under this Act; and 14
(b) the person is a member of a religious group and the 15
headwear is of a type customarily worn by members of 16
the group. 17
(2) The headwear may only be removed-- 18
(a) in the presence of a police officer, or appointed person, 19
of the same sex as the person; and 20
(b) at a place that does not allow a person of the opposite 21
sex to the person to view the headwear being removed. 22
(3) Subsection (2) does not apply if-- 23
(a) a police officer or appointed officer of the same sex is 24
not immediately available; and 25
(b) compliance with subsection (2) may pose a serious 26
threat to a person's safety. 27
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[s 30]
Subdivision 4 Requirement for searching children 1
and persons with impaired capacity 2
30 Special requirement for child or person with impaired 3
capacity 4
(1) This section applies if either of the following is to be 5
subjected to a specific search-- 6
(a) a child; 7
(b) a person with impaired capacity, who may not be able to 8
understand the purpose of the search. 9
(2) The police officer must conduct the search in the presence of 10
an independent person who can provide support for the child 11
or person with impaired capacity. 12
(3) However, the police officer may search the person in the 13
absence of an independent person if the officer reasonably 14
suspects an immediate search is necessary to protect a 15
person's safety. 16
Division 2 Stop and search powers 17
31 Power to stop and search vehicles for restricted area or 18
motorcade area 19
(1) A police officer or appointed person may do either or both of 20
the following-- 21
(a) stop a vehicle attempting to enter, or in, a restricted area 22
or motorcade area; 23
(b) require the person in charge of the vehicle to allow the 24
vehicle to be searched. 25
(2) For searching the vehicle, a police officer or appointed person 26
may do any or all of the following-- 27
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[s 32]
(a) detain the vehicle and the person in charge of the vehicle 1
for as long as is reasonably necessary to conduct the 2
search; 3
(b) move, or require the person in charge of the vehicle to 4
move, the vehicle to a place suitable to conduct the 5
search; 6
(c) search any thing in or on the vehicle and, for that 7
purpose, open (including by using force to open) or 8
require the person in charge of the vehicle to unlock and 9
open a part of the vehicle or any thing in or on the 10
vehicle; 11
(d) undertake an electronic inspection or search of the 12
vehicle, including for example, with a machine known 13
as a Backscatter van; 14
(e) place a seal, lock or other similar device on the vehicle 15
to-- 16
(i) prevent a person opening a section of the vehicle; 17
or 18
(ii) indicate a person has opened a section of the 19
vehicle; 20
Examples-- 21
· place a tape seal over a door handle 22
· place a lock on the roller door of a delivery truck to prevent 23
it being opened 24
(f) open the seal, lock or other similar device placed on a 25
vehicle as mentioned in paragraph (e). 26
32 Power to stop and search vehicles for declared area 27
(1) A police officer may stop a vehicle attempting to enter, about 28
to enter or in a declared area, and require the person in charge 29
of the vehicle to allow it to be searched, if the officer 30
reasonably suspects the vehicle may contain a prohibited item. 31
(2) For searching the vehicle, a police officer may do any or all of 32
the following-- 33
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[s 33]
(a) detain the vehicle and the person in charge of the vehicle 1
for as long as is reasonably necessary to conduct the 2
search; 3
(b) move, or require the person in charge of the vehicle to 4
move, the vehicle to a place suitable to conduct the 5
search; 6
(c) search any thing in or on the vehicle and for that purpose 7
open (including by using force to open) or require the 8
person in charge of the vehicle to unlock and open a part 9
of the vehicle or any thing in or on the vehicle; 10
(d) undertake an electronic inspection or search of the 11
vehicle, including, for example, with a machine known 12
as a Backscatter van. 13
Division 3 Searches of premises 14
33 Power to enter and search premises in a restricted area 15
without a warrant 16
(1) A police officer may enter and search any premises in a 17
restricted area without a warrant. 18
(2) For subsection (1), the police officer must use only the 19
amount of force reasonably necessary in the circumstances. 20
(3) However, subsection (1) does not authorise a police officer to 21
enter a part of premises being used for residential purposes 22
other than-- 23
(a) with the consent of the occupier of the part; or 24
(b) under the authority of-- 25
(i) a search warrant, including, for example, under the 26
Police Act, chapter 7, part 1; or 27
(ii) a written law, including, for example, the Police 28
Act, chapter 7, part 2; or 29
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[s 34]
(c) if a police officer reasonably suspects an offence may be 1
committed within or from the premises and the offence 2
will endanger the safety of a person. 3
Division 4 Use of detection dogs 4
34 Use of detection dogs 5
(1) A police officer or appointed person may, under subsection 6
(2), use a dog trained for a weapons or explosives detection 7
purpose (a detection dog) to detect weapons or explosives. 8
(2) A detection dog may be used in relation to-- 9
(a) a person or vehicle attempting to enter, about to enter, in 10
or leaving a security area (including anything in or on 11
the vehicle); or 12
(b) any of the following in a security area or an area 13
abutting a security area (abutting area)-- 14
(i) a building or other structure; 15
(ii) a place; 16
(iii) any other thing whether it is in or on a building, 17
other structure or place in the security area or an 18
abutting area, or in the possession of a person in 19
the security area or abutting area; 20
(c) for a motorcade area--a person or vehicle in the vicinity 21
of the motorcade area. 22
(3) However, a detection dog can not be used in relation to a part 23
of premises being used for residential purposes, other than in 24
the circumstances mentioned in section 33(3)(a), (b) or (c). 25
(4) For subsection (2) but subject to subsection (3), a police 26
officer or appointed person may take a detection dog into any 27
place or onto any premises. 28
(5) Subsections (1) to (4) apply despite any other Act. 29
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(6) Sections 10.21B and 10.21C of the Police Service 1
Administration Act 1990 apply to a detection dog as if it were 2
a police dog. 3
35 Protection from liability relating to use of detection dog 4
The Police Act, section 38 applies in relation to the use of a 5
detection dog as if-- 6
(a) the circumstances to which that section applies 7
include-- 8
(i) a police officer, or appointed person, whose duties 9
include handling a detection dog is using the dog 10
as mentioned in section 34; and 11
(ii) the detection dog physically intrudes onto a person 12
or the clothing of a person, or otherwise comes into 13
contact with a person, while the detection dog is 14
being used as mentioned in section 34, or the 15
detection dog causes damage to a thing that has in 16
or on it, or may have had in it or on it, a weapon or 17
explosive; and 18
(b) a reference in the section to a drug detection dog were a 19
reference to a detection dog and a reference to the 20
handler were a reference to that police officer or 21
appointed person. 22
Division 5 Power to require reason for entry 23
and personal details 24
36 Power to require reason for entry to, or presence in, 25
particular security area 26
(1) A police officer or appointed person may-- 27
(a) stop a person attempting to enter a restricted area or 28
motorcade area and require the person to state the 29
person's reason for wanting to enter the area; or 30
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(b) stop a person in a restricted area or motorcade area and 1
require the person to state the person's reason for being 2
in the area. 3
(2) A police officer may-- 4
(a) stop a person attempting to enter a declared area and 5
require the person to state the person's reason for 6
wanting to enter; or 7
(b) stop a person in a declared area and require the person to 8
state the person's reason for being in the area. 9
(3) If a police officer or appointed person makes a requirement of 10
a person under subsection (1) or (2), the officer or person must 11
warn the stopped person that failure to provide a lawful 12
excuse for wanting to enter, or for being in, the relevant 13
security area may result in the person being refused entry to, 14
or being removed from, the area. 15
37 Power to require personal details at a security area 16
(1) A police officer may-- 17
(a) stop a person attempting to enter a security area and 18
require, as a condition of entry, the person to disclose 19
the person's personal details; or 20
(b) stop a person in a security area and require the person to 21
disclose the person's personal details; or 22
(c) stop a person attempting to enter or in a restricted area 23
or motorcade area and require the person to produce for 24
inspection-- 25
(i) an identity card given to the person under section 26
90; or 27
(ii) a Commonwealth accreditation or access approval 28
held by the person authorising access to the 29
restricted area or motorcade area. 30
(2) An appointed person may-- 31
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Part 4 Special powers in relation to security areas
[s 38]
(a) stop a person attempting to enter a restricted area or 1
motorcade area and require, as a condition of entry, the 2
person disclose the person's personal details; or 3
(b) stop a person in a restricted area or motorcade area and 4
require the person to disclose the person's personal 5
details; or 6
(c) stop a person attempting to enter or in a restricted area 7
or motorcade area and require the person to produce for 8
inspection-- 9
(i) an identity card given to the person under section 10
90; or 11
(ii) a Commonwealth accreditation or access approval 12
held by the person authorising access to the 13
restricted area or motorcade area. 14
(3) A police officer or appointed person who requires a person to 15
disclose the person's personal details under subsection (1) or 16
(2)-- 17
(a) must, if reasonably practicable, warn the person that 18
failure to comply with the requirement is an offence for 19
which the person may be arrested; and 20
(b) may require the person to remove any headwear the 21
person is wearing; and 22
(c) may remove the headwear if the person refuses to do so. 23
Note for subsection (3)-- 24
See section 29. Also see section 49 and the Police Act, section 615. 25
(4) A police officer or appointed person who has stopped a person 26
under this section may detain the person for as long as is 27
reasonably necessary for this section. 28
38 Power to require personal details for offence etc. 29
(1) A police officer may stop a person and require the person to 30
disclose the person's personal details if the officer reasonably 31
suspects the person-- 32
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G20 (Safety and Security) Bill 2013
Part 4 Special powers in relation to security areas
[s 39]
(a) has committed an offence, or is about to commit an 1
offence, that is intended to, or may, disrupt any part of 2
the G20 meeting; or 3
(b) is posing or may pose a serious threat to the safety and 4
security of the G20 meeting. 5
(2) A police officer who stops a person under subsection (1) may 6
detain the person for as long as is reasonably necessary for 7
this section. 8
(3) A police officer who requires a person to disclose the person's 9
personal details under subsection (1)-- 10
(a) must, if reasonably practicable, warn the person that 11
failure to comply with the requirement is an offence for 12
which the person may be arrested; and 13
(b) may require the person to remove any headwear the 14
person is wearing; and 15
(c) may remove the headwear if the person refuses to do so. 16
Division 6 Road closures etc. 17
39 Power to close a road, easement, access or waterway 18
(1) For a G20 purpose, a senior police officer may close to use by 19
a person or vehicle-- 20
(a) a road; or 21
(b) an access or easement, whether private or public; or 22
(c) a waterway; or 23
(d) a part of a place mentioned in paragraph (a), (b) or (c). 24
(2) Without limiting subsection (1), a senior police officer may 25
close all or part of a road that intersects with a motorcade area 26
if the officer is reasonably satisfied that leaving the road open 27
is likely to cause considerable delay to traffic using the road. 28
(3) To remove any doubt, it is declared that a road, or part of a 29
road, does not stop being a public place under an Act, or a 30
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G20 (Safety and Security) Bill 2013
Part 4 Special powers in relation to security areas
[s 40]
road for the purposes of the Transport Operations (Road Use 1
Management) Act 1995, the Motor Accident Insurance Act 2
1994 or another Act, because-- 3
(a) it is closed to use by a person or vehicle under this 4
section; or 5
(b) its use, or entry to it, is otherwise restricted under this 6
Act. 7
40 Checkpoint, cordon and road impeder 8
(1) For a purpose mentioned in subsection (3), a senior police 9
officer may cause-- 10
(a) 1 or more checkpoints to be established; or 11
Examples of checkpoints-- 12
· a fenced area into which vehicles are driven for a search 13
· a gateway into a security area 14
(b) 1 or more cordons to be placed around an area; or 15
(c) 1 or more road impeders to be placed on a road, or 16
waterway restrictors to be placed on a waterway, leading 17
into or out of, or that is located in, a security area. 18
Examples of road impeders-- 19
· moveable road spikes 20
· water filled barriers 21
· cars parked across a road blocking entry to an area 22
(2) If a road impeder is placed as mentioned in subsection (1)(c) 23
and the senior police officer is reasonably satisfied it is 24
necessary for it to remain in place, the officer may cause the 25
road impeder to remain in place for all or part of the 26
remainder of the G20 period. 27
(3) The purposes are as follows-- 28
(a) stopping and searching a person or vehicle under this 29
Act; 30
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Part 4 Special powers in relation to security areas
[s 40]
(b) preventing a person approaching, entering or remaining 1
in a security area; 2
Examples-- 3
1 A barrier may surround the Brisbane Convention and 4
Exhibition Centre to prevent a person entering it. 5
2 A barrier may be established to prevent a group of persons 6
from approaching a security area. 7
3 A road impeder may be placed across a road to prevent 8
vehicles containing persons intent on rioting from travelling 9
into a security area. 10
(c) preventing a vehicle entering or remaining in a restricted 11
area without the approval of a police officer or 12
appointed person; 13
(d) providing a barrier around all or part of a security area in 14
a way that may limit the effect of the detonation of an 15
explosive device or any thing or substance propelled, 16
projected or thrown. 17
Examples of an explosive device or a thing or substance propelled, 18
projected or thrown-- 19
· a bomb placed in or on a vehicle near a motorcade area 20
· a container containing acid that is catapulted into a declared 21
area 22
· a Molotov cocktail thrown towards a restricted area 23
· a ball bearing fired from a shanghai into a security area 24
(4) A checkpoint, cordon, road impeder or waterway restrictor 25
may consist of a barrier or other device designed to prevent or 26
limit the passage of persons, vehicles or vessels or to slow or 27
stop the entry of persons, vehicles or vessels to an area. 28
Example-- 29
Moveable road spikes designed to puncture the tyres of a vehicle may be 30
used inside the entrance to a restricted area. 31
(5) For this section, a police officer may use the assistance the 32
police officer considers necessary. 33
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G20 (Safety and Security) Bill 2013
Part 4 Special powers in relation to security areas
[s 41]
Examples-- 1
1 The police officer may use a crane and its operator to put a barrier 2
in place. 3
2 The police officer may use a semi-trailer driver to park a 4
semi-trailer across a road to block vehicular access to the road. 5
3 The police officer may use a barge and its crew to place buoys in 6
the Brisbane River. 7
Division 7 Powers to prevent entry or remove 8
41 Power to prevent person or vehicle entering, or to remove 9
a person from, restricted area or motorcade area 10
(1) A police officer or appointed person may prevent a person 11
entering a restricted area or motorcade area, or remove a 12
person from a restricted area or motorcade area, if the officer 13
or appointed person reasonably suspects-- 14
(a) the person does not hold a Commonwealth accreditation 15
or access approval authorising access to the area; or 16
(b) the person (either alone or with others) intends to, or 17
may, disrupt any part of the G20 meeting. 18
(2) A police officer or appointed person may prevent a vehicle 19
entering a restricted area or motorcade area if-- 20
(a) no person in or on the vehicle holds a Commonwealth 21
accreditation or access approval authorising access to 22
the area; or 23
(b) the officer or person is reasonably satisfied that 24
preventing the vehicle from entering the area is 25
necessary for the safety and security of the G20 26
meeting. 27
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G20 (Safety and Security) Bill 2013
Part 4 Special powers in relation to security areas
[s 42]
42 Power to prevent person or vehicle entering, or to remove 1
a person from, declared area 2
(1) A police officer may prevent a person entering a declared area 3
or remove a person from a declared area if the officer 4
reasonably suspects-- 5
(a) the person (either alone or with others) intends to, or 6
may, disrupt any part of the G20 meeting; or 7
(b) the person, without lawful excuse, is in possession of a 8
prohibited item. 9
(2) Before acting under subsection (1), a police officer must give 10
a direction to the person not to enter the area or to 11
immediately leave the area. 12
(3) The direction may be given-- 13
(a) to a person individually or to a group of people 14
generally; and 15
(b) in an amplified way. 16
Example-- 17
A direction not to enter a declared area may be given to a group 18
of persons engaged in a violent demonstration, by a police 19
officer using a loud hailer or by playing an electronically 20
recorded direction over an amplification system. 21
(4) Subsection (2) does not apply to a police officer if the officer 22
is reasonably satisfied it is not practicable to comply with the 23
subsection. 24
(5) A police officer may prevent a vehicle from entering a 25
declared area if-- 26
(a) a prohibited item is found in or on the vehicle as a result 27
of a search under section 32; and 28
(b) the officer is reasonably satisfied that preventing the 29
vehicle from entering the area is necessary for the safety 30
and security of the G20 meeting. 31
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G20 (Safety and Security) Bill 2013
Part 4 Special powers in relation to security areas
[s 43]
43 Power to remove a person from a closed road 1
A police officer may remove a person who, without lawful 2
excuse, is on a road that is closed under section 39, including, 3
for example, removing the person to a place away from the 4
road. 5
44 Power to seize and remove obstruction object 6
(1) A police officer or person acting under the direction of a 7
police officer may seize and remove an obstruction object. 8
(2) It is lawful for a police officer or person acting under the 9
direction of a police officer to use force to cut, sever, detach or 10
break any thing securing an obstruction object. 11
(3) An obstruction object seized under subsection (1) is forfeited 12
to the State. 13
45 Power to remove vehicle from restricted area 14
(1) A police officer or a person acting under the direction of a 15
police officer may remove from a restricted area a vehicle 16
unlawfully in the area. 17
(2) The relevant person for the vehicle is liable for all reasonable 18
towing and storage fees for the vehicle relating to its removal 19
and storage. 20
(3) In this section-- 21
relevant person, for a vehicle, means the person who is or was 22
in control of the vehicle when it entered into, or was parked 23
in, a restricted area or an area that, after the vehicle entered or 24
was so parked, becomes a restricted area. 25
46 Power to remove vehicle from motorcade area 26
(1) A police officer or a person acting under the direction of a 27
police officer may remove from a motorcade area a vehicle in, 28
or parked in, the area. 29
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Part 4 Special powers in relation to security areas
[s 47]
(2) The relevant person for the vehicle is liable for all reasonable 1
towing and storage fees for the vehicle relating to its removal 2
and storage if-- 3
(a) at the time of the removal, the vehicle is in, or parked in, 4
a motorcade area; and 5
(b) there was adequate signage indicating vehicles must not 6
be in, or parked in, the motorcade area (even if the area 7
was not a motorcade area at or about the time the vehicle 8
entered the area or was parked in the area). 9
(3) In this section-- 10
relevant person, for a vehicle, means the person who is or was 11
in control of the vehicle when it entered into, or was parked 12
in, a motorcade area or an area that, after the vehicle entered 13
or was so parked, becomes a motorcade area. 14
47 Power to remove vehicle from declared area 15
A police officer or a person acting under the direction of a 16
police officer may remove a vehicle from a declared area if a 17
police officer reasonably suspects the vehicle may-- 18
(a) pose a risk to the safety and security of the G20 19
meeting; or 20
(b) obstruct any part of the G20 meeting. 21
Examples of vehicles that may be removed under this section-- 22
· an unattended vehicle parked near a restricted area that could 23
contain an explosive device 24
· a vehicle parked near a motorcade area that could obstruct a 25
motorcade 26
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G20 (Safety and Security) Bill 2013
Part 4 Special powers in relation to security areas
[s 48]
Division 8 Direction for safety or security 1
48 Power to give a direction 2
(1) A police officer may give a direction to a person (including a 3
person in charge of a vehicle) if the officer is reasonably 4
satisfied it is necessary to give the direction for-- 5
(a) the safety and security of the G20 meeting; or 6
(b) in relation to a G20 purpose--the safety or security of a 7
member of the public. 8
(2) Power under subsection (1) includes power to direct a 9
person-- 10
(a) not to enter an area; and 11
(b) to leave an area; and 12
(c) to move to a stated location within an area. 13
Examples for paragraph (c)-- 14
1 A police officer may direct a person to move the person's 15
vehicle from a roadway if a motorcade needs to use the 16
roadway as an alternative route. 17
2 A police officer may direct a person to move to a location 18
100m beyond the perimeter of a restricted area if a serious 19
threat to security in the area is reported. 20
(3) The direction may be given-- 21
(a) to a person individually or to a group of people 22
generally; and 23
(b) in an amplified way. 24
Division 9 Use of force by appointed persons 25
49 Power to use force 26
An appointed person has the same power to use force for the 27
purposes of the person's appointment that a police officer has 28
under the Police Act, sections 614 and 615. 29
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G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 50]
Part 5 Prohibited persons and 1
excluded persons 2
Division 1 Prohibited persons 3
50 Prohibited persons list may be compiled 4
(1) The commissioner may compile a list of persons who should 5
not be permitted entry into any security area (the prohibited 6
persons list). 7
(2) The commissioner may place a person's name on the 8
prohibited persons list if the commissioner is reasonably 9
satisfied the person-- 10
(a) may pose a serious threat to the safety or security of 11
persons or property in a security area; or 12
(b) may, by the person's actions opposing any part of the 13
G20 meeting, cause injury to persons or damage to 14
property outside a security area; or 15
(c) may disrupt any part of the G20 meeting. 16
(3) The commissioner may include with the prohibited persons 17
list identifying details and a photo of a person whose name is 18
on the list. 19
51 Notice that person's name is on prohibited persons list 20
(1) If the commissioner places a person's name on the prohibited 21
persons list and it is reasonably practicable for the 22
commissioner to do so, the commissioner must cause the 23
person to be personally served with a notice stating-- 24
(a) the person's name is on the list; and 25
(b) the person must not enter any security area on and after 26
the date stated in the notice until the end of 17 27
November 2014; and 28
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G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 51]
Note-- 1
See schedule 1 for when areas are declared areas or restricted 2
areas. 3
(c) if the person believes the person's name should not be 4
included on the list--the person may make a written 5
submission to the commissioner by a stated date about 6
the inclusion. 7
(2) If the person makes a written submission to the commissioner 8
by the stated date, the commissioner must-- 9
(a) consider the written submission; and 10
(b) make a decision to retain the person's name on the list or 11
to remove the person's name from the list. 12
(3) The commissioner must give the person written notice of a 13
decision mentioned in subsection (2)(b) and, if the decision is 14
to retain the person's name on the prohibited persons list, the 15
commissioner's reasons for the decision. 16
(4) Despite subsection (3) and any rule of natural justice to the 17
contrary, the commissioner need not give reasons for the 18
commissioner's decision to retain a person's name on the 19
prohibited persons list (or for placing the name on the list 20
under section 50) if the commissioner is reasonably satisfied 21
disclosure to the person of any information in relation to the 22
decision-- 23
(a) may be against Australia's national security interests; or 24
(b) could damage international relations between Australia 25
and another nation; or 26
(c) may be prohibited by a law of the Commonwealth or a 27
State; or 28
(d) may place the safety of an informant in jeopardy. 29
(5) If subsection (4) applies, the notice under subsection (3) must 30
include a statement that the commissioner need not give 31
reasons for the decision. 32
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G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 52]
52 Public publication that person on prohibited persons list 1
(1) This section applies if it is not reasonably practicable for the 2
commissioner to cause a person to be personally served with a 3
notice as mentioned in section 51(1). 4
(2) The commissioner may publicly publish-- 5
(a) a notice stating the person is a prohibited person; and 6
(b) the person's photo and description. 7
Example-- 8
The commissioner may for a person who is a known terrorist, has 9
illegally entered Australia and can not be located, publish a notice that 10
the person is a prohibited person and the person's photo and description. 11
(3) Without limiting subsections (2) and (6), public publication 12
includes publication in any of the following ways-- 13
(a) in a newspaper published in Australia; 14
(b) in an electronic media interview given by or for the 15
commissioner; 16
(c) on a website; 17
(d) through a social media program. 18
(4) The commissioner need not make the prohibited persons list 19
publicly available. 20
(5) The commissioner may circulate the prohibited persons list to 21
any or all of the following-- 22
(a) a police officer or appointed person; 23
(b) a person or agency providing security or intelligence for 24
any part of the G20 meeting, including providing 25
security for a G20 participant; 26
(c) the Commonwealth G20 Taskforce; 27
(d) the department of the Commonwealth in which the 28
Migration Act 1958 is administered. 29
(6) If, under section 51, the commissioner decides to remove a 30
person's name from the prohibited person's list, the 31
commissioner must-- 32
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G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 53]
(a) give written notice to any person or agency to whom that 1
list was circulated under subsection (5); and 2
(b) if a notice was publicly published under subsection (2), 3
publicly publish a notice about the removal. 4
53 When a person becomes a prohibited person 5
A person becomes a prohibited person if-- 6
(a) the person is personally served with a notice as 7
mentioned in section 51(1); or 8
(b) the commissioner publishes a notice as mentioned in 9
section 52(2) in relation to the person. 10
54 Powers relating to prohibited persons 11
(1) A police officer may do any of the following-- 12
(a) prevent a prohibited person from entering a restricted 13
area, declared area or motorcade area; 14
(b) remove a prohibited person and anything in the 15
prohibited person's possession from a restricted area, 16
declared area or motorcade area to-- 17
(i) another place within that security area or another 18
security area; or 19
(ii) a place outside a security area. 20
(2) An appointed person may-- 21
(a) prevent a prohibited person from entering a restricted 22
area or motorcade area; or 23
(b) remove a prohibited person from a restricted area or 24
motorcade area to a place outside a restricted area or 25
motorcade area. 26
(3) Action taken under this section in relation to a prohibited 27
person does not prevent the taking of proceedings against the 28
person for an offence. 29
Page 48
G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 55]
Division 2 Excluded persons 1
55 Exclusion of persons from security area 2
(1) This section applies if a police officer is reasonably satisfied a 3
person is any of the following-- 4
(a) a person who, without lawful excuse, fails to comply 5
with a requirement made of the person under section 6
37(1) or (2) that the person disclose the person's 7
personal details; 8
(b) a person who, without lawful excuse, fails to comply 9
with a requirement made of the person under section 10
31(1)(b) or 36(1) or (2); 11
(c) a person who, without lawful excuse, resists, hinders or 12
obstructs a police officer, or an appointed person, who is 13
conducting a search under this Act; 14
Note-- 15
See part 4 in relation to searching people, vehicles and premises. 16
(d) a person who, without lawful excuse, is in possession of 17
a prohibited item in a security area; 18
(e) a person who fails to surrender a prohibited item to a 19
police officer under section 60(3) and may pose a 20
serious threat to the G20 meeting; 21
(f) a person who, without lawful excuse, fails to comply 22
with a direction given to the person under section 48 if 23
the direction is given to the person when the person is in 24
a security area; 25
(g) a person who, without lawful excuse, is on a road that is 26
closed under section 39; 27
(h) a person who, without lawful excuse, fails to comply 28
with a limitation or restriction that applies to a 29
Commonwealth accreditation or access approval held by 30
the person; 31
Page 49
G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 55]
(i) a person who, with intention to disrupt any part of the 1
G20 meeting, participates in an assembly in a security 2
area; 3
(j) a person who committed, or omitted to do, an act 4
relating to any part of the G20 meeting and is arrested in 5
relation to the act. 6
(2) A police officer may, by notice under section 56, exclude any 7
person to whom subsection (1) applies from all security areas, 8
a stated security area or a stated part of a security area until 9
the end of 17 November 2014. 10
(3) Before giving a person an exclusion notice, the police officer 11
must tell the person the officer intends to give the person an 12
exclusion notice and, if relevant to a provision in subsection 13
(1), ask the person whether the person has a lawful excuse that 14
is relevant to the provision. 15
(4) If, in response to the police officer's request, the person states 16
an excuse relevant to the provision, the officer must-- 17
(a) consider the stated excuse; and 18
(b) decide if the officer is reasonably satisfied the excuse is 19
a lawful excuse relevant to the provision. 20
(5) If the police officer is reasonably satisfied the excuse is a 21
lawful excuse as to why the person committed, or omitted to 22
do, an act mentioned in the provision, the officer must not 23
give the person a notice under section 56. 24
(6) However, the officer must give the person a notice under 25
section 56 if-- 26
(a) after considering the excuse as stated by the person--the 27
officer is not reasonably satisfied the excuse is a lawful 28
excuse as to why the person committed, or omitted to 29
do, an act mentioned in subsection (1); or 30
(b) in response to the police officer's request--the person 31
failed to state an excuse as to why the person 32
committed, or omitted to do, an act mentioned in the 33
provision (including, for example, by failing to respond 34
in any way). 35
Page 50
G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 56]
56 Police officer may notify exclusion 1
(1) A police officer may notify a person in writing (or orally if it 2
is not practicable to notify the person in writing) about all of 3
the following-- 4
(a) the person is excluded from all security areas, a stated 5
security area or a stated part of a security area until the 6
end of 17 November 2014; 7
(b) if the officer is reasonably satisfied the person normally 8
resides in the security area or part of the security area to 9
which the exclusion notice applies and it is appropriate 10
to do so--conditions that apply to the exclusion; 11
Example of a condition-- 12
If a person resides in an outer area of a declared area, the person 13
may be excluded from all of the declared area other than the 14
address at which the person resides. Therefore, the notice may 15
state the person is permitted to enter, remain in and leave that 16
address but must travel to and from that address using a route 17
which requires the least possible part of a declared area to be 18
traversed. 19
(c) the ground for the exclusion. 20
(2) The notice takes effect when it is given to the person and 21
continues until the end of 17 November 2014. 22
57 Identification of excluded person 23
(1) A police officer who excludes a person from a security area 24
under section 56 may-- 25
(a) take a photo of the excluded person; and 26
(b) detain the excluded person for a reasonable time for that 27
purpose. 28
(2) The photo may be circulated to all or any of the following-- 29
(a) a police officer; 30
(b) an appointed person; 31
(c) the department of the Commonwealth in which the 32
Migration Act 1958 is administered; 33
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G20 (Safety and Security) Bill 2013
Part 5 Prohibited persons and excluded persons
[s 58]
(d) a person or agency providing security or intelligence for 1
any part of the G20 meeting, including providing 2
security for a G20 participant. 3
58 Powers relating to excluded person 4
(1) If a police officer reasonably suspects a person is an excluded 5
person, the officer may-- 6
(a) require the person to disclose the person's personal 7
details or provide proof of the personal details; and 8
(b) if a requirement is made of a person under paragraph 9
(a)-- 10
(i) require the person to remove any headwear the 11
person is wearing; and 12
(ii) remove the headwear if the person refuses to do so. 13
(2) A police officer may do either of the following in relation to 14
an excluded person if the officer considers it necessary to 15
ensure compliance with the exclusion notice given to the 16
person-- 17
(a) prevent the excluded person from entering or attempting 18
to enter the security area or part of a security area; 19
(b) remove the excluded person from a part of the security 20
area to-- 21
(i) another place within that or another security area; 22
or 23
(ii) a place outside the security area. 24
(3) An appointed person may-- 25
(a) prevent an excluded person from entering or attempting 26
to enter a restricted area or motorcade area; or 27
(b) remove an excluded person from a restricted area or 28
motorcade area to a place outside the restricted area or 29
motorcade area. 30
Page 52
G20 (Safety and Security) Bill 2013
Part 6 Prohibited items and related provisions
[s 59]
(4) Action taken under this section in relation to an excluded 1
person does not prevent the taking of proceedings against the 2
person for an offence. 3
Part 6 Prohibited items and related 4
provisions 5
59 Prohibited item 6
Each item mentioned in schedule 6 is a prohibited item. 7
Note-- 8
Even though an item is a prohibited item, the term is only relevant for 9
the exercise of a power when an area is a security area. 10
60 Power to seize or require surrender of prohibited item 11
(1) A police officer may seize a prohibited item if the officer 12
reasonably suspects-- 13
(a) the prohibited item is left unattended in a security area; 14
or 15
(b) a person has possession of the prohibited item, without 16
lawful excuse, in a security area. 17
(2) An appointed person may seize and, as soon as reasonably 18
practicable, must deliver to a police officer a prohibited item if 19
the person reasonably suspects-- 20
(a) the prohibited item is left unattended in a restricted area 21
or motorcade area; or 22
(b) a person in a restricted area or motorcade area, or 23
attempting to enter or about to enter a restricted area or 24
motorcade area, has possession of the prohibited item 25
without lawful excuse. 26
(3) At any time during the G20 period, a police officer may 27
require a person to surrender possession of a prohibited item 28
Page 53
G20 (Safety and Security) Bill 2013
Part 6 Prohibited items and related provisions
[s 61]
until the end of 17 November 2014 if the officer reasonably 1
suspects the person could use the item to-- 2
(a) endanger the safety of a person associated with any part 3
of the G20 meeting; or 4
(b) disrupt any part of the G20 meeting. 5
Example-- 6
If a person's history of acts of violence leads a police officer to 7
reasonably consider the person may commit acts of violence during any 8
part of the G20 meeting, the person may be required to surrender a 9
longbow in the person's possession until the end of 17 November 2014. 10
(4) If a person surrenders a prohibited item as required under 11
subsection (3), the police officer to whom the prohibited item 12
is surrendered must give the person a receipt, that describes 13
the surrendered item and includes information required under 14
the responsibilities code. 15
(5) If a person fails to surrender possession of a prohibited item 16
when required to do so by a police officer under subsection 17
(3), the officer may seize the prohibited item. 18
(6) In this section-- 19
responsibilities code, see the Police Act, schedule 6. 20
61 Return or forfeiture of prohibited item 21
(1) A prohibited item surrendered by a person as mentioned in 22
section 60(4) must be returned to the person as soon as 23
reasonably practicable after the end of 17 November 2014 24
unless it is unlawful for the person to possess the item. 25
(2) Each of the following is forfeited to the State-- 26
(a) a prohibited item seized under section 60(1), (2) or (5); 27
(b) a prohibited item that can not be returned to a person 28
under subsection (1). 29
Page 54
G20 (Safety and Security) Bill 2013
Part 7 Offences
[s 62]
62 Exemption for possession of prohibited items by police 1
officer or appointed person 2
(1) If a police officer lawfully possesses a prohibited item 3
(including after seizing the item under section 60), the officer 4
may possess the prohibited item in a security area in the 5
course of the officer's duty as a police officer. 6
(2) The commissioner may give written approval for an appointed 7
person or class of appointed persons to possess prohibited 8
items while on duty for the purpose of performing duties at 9
any part of the G20 meeting. 10
Part 7 Offences 11
63 Prohibited item offences 12
(1) A person must not, without lawful excuse, possess a 13
prohibited item in a security area. 14
Maximum penalty--50 penalty units. 15
(2) A person must not, without lawful excuse, attempt to take a 16
prohibited item into a security area. 17
Maximum penalty--50 penalty units. 18
(3) A person must not, without lawful excuse, use a prohibited 19
item in a way that it, something contained in it or on it or 20
something produced by it, may enter a security area. 21
Maximum penalty--100 penalty units. 22
Examples of a lawful excuse for subsections (1) to (3)-- 23
· a construction worker using an explosive tool in the course of 24
carrying out the worker's work while working at a construction site 25
in a security area 26
· a resident in a security area lawfully storing a firearm in the 27
resident's residence 28
· a family using knives to consume food at a barbecue at South Bank 29
Parkland 30
Page 55
G20 (Safety and Security) Bill 2013
Part 7 Offences
[s 64]
· a child playing with a radio controlled toy car in the yard of the 1
place where the child lives in a security area 2
· a person who purchases a longbow from a sports store in a security 3
area and then carries the longbow in a case to the person's vehicle 4
to take it home 5
Examples of absence of a lawful excuse for subsections (1) to (3)-- 6
· a person operating an electronically controlled model plane in a 7
way that it may enter a restricted area 8
· a person discharging a blood coloured liquid from a pressurised 9
water pistol into a restricted area 10
· a person who walks through the Queen Street Mall with an exposed 11
longbow with the intention of firing arrows into the Brisbane River 12
(4) The onus of proving lawful excuse under subsection (1), (2) or 13
(3) is on the person claiming the lawful excuse. 14
64 Climbing onto, under, over or around barrier, etc. 15
(1) This section applies to any of the following things placed for a 16
G20 purpose (a placed thing)-- 17
(a) a barrier; 18
(b) a cordon; 19
(c) a road impeder; 20
(d) a waterway restrictor. 21
(2) A person must not do any of the following in relation to a 22
placed thing-- 23
(a) climb onto, under, over or around the placed thing; 24
(b) move or remove the placed thing; 25
(c) attempt to do an act mentioned in paragraph (a) or (b). 26
Maximum penalty--50 penalty units. 27
65 Application of s 64 limited 28
Section 64 does not apply to-- 29
Page 56
G20 (Safety and Security) Bill 2013
Part 7 Offences
[s 66]
(a) a police officer acting in the course of the officer's 1
duties as a police officer; or 2
(b) an appointed person acting in the course of the person's 3
appointment as an appointed person; or 4
(c) a person acting under the direction of a police officer as 5
mentioned in paragraph (a) or an appointed person as 6
mentioned in paragraph (b). 7
66 Entering or climbing building or structure in view of 8
security area with intent to cause injury, etc. 9
A person must not enter or climb a building or structure in 10
view of a security area with intent to do any or all of the 11
following-- 12
(a) cause injury to a person associated with any part of the 13
G20 meeting; 14
(b) cause alarm to a person associated with any part of the 15
G20 meeting; 16
(c) damage property associated with any part of the G20 17
meeting; 18
(d) impede or obstruct any part of the G20 meeting. 19
Maximum penalty--100 penalty units. 20
67 Lighting a fire in a security area 21
A person must not light a fire in a security area without lawful 22
excuse, the onus of proving which is on the person. 23
Maximum penalty--100 penalty units. 24
Example-- 25
A chef at a restaurant in a declared area who lights a gas barbecue has a 26
lawful excuse. 27
Page 57
G20 (Safety and Security) Bill 2013
Part 7 Offences
[s 68]
68 Failing to comply with requirement to disclose personal 1
details 2
(1) A person who is required to disclose the person's personal 3
details under section 37(1)(b) or (2)(b) or 38(1) must comply 4
with the requirement. 5
Maximum penalty--10 penalty units. 6
(2) However, a person does not commit an offence under 7
subsection (1) merely because the person fails to produce 8
identification if the person has a lawful excuse for the failure. 9
(3) In this section-- 10
identification means-- 11
(a) an official document identifying the person issued by a 12
government agency; or 13
(b) another reliable form of identification. 14
69 Failing to comply with direction 15
(1) A person must not, without lawful excuse, fail to comply with 16
a direction given by a police officer under this Act. 17
Maximum penalty--50 penalty units. 18
(2) In a proceeding for an offence against this section, a direction 19
given to a person or a group of persons is taken to have been 20
heard and understood by the person or group, unless the 21
contrary is proved. 22
70 Unauthorised entry to restricted area 23
A person must not enter or attempt to enter or remain in a 24
restricted area unless the person has special justification to do 25
so. 26
Maximum penalty--50 penalty units. 27
Page 58
G20 (Safety and Security) Bill 2013
Part 7 Offences
[s 71]
71 Unauthorised entry to motorcade area 1
A person must not enter or attempt to enter or remain in a 2
motorcade area unless the person has special justification to 3
do so. 4
Maximum penalty--50 penalty units. 5
72 Prohibited person not to enter security area 6
A prohibited person must not enter, or attempt to enter, a 7
security area. 8
Maximum penalty--100 penalty units. 9
73 Unauthorised entry to security area by excluded person 10
An excluded person must not enter, or attempt to enter, a 11
security area or part of a security area from which the person 12
is excluded under the exclusion notice given to the person. 13
Maximum penalty--100 penalty units 14
74 Interfering with any part of the G20 meeting 15
At any site where any part of the G20 meeting is held or takes 16
place, a person must not-- 17
(a) disrupt, interfere with, delay or obstruct the conduct of 18
any part of the G20 meeting or an activity associated 19
with any part of the G20 meeting; or 20
(b) interfere with the reasonable enjoyment of any part of 21
the G20 meeting. 22
Maximum penalty--50 penalty units. 23
75 Assaulting or obstructing appointed person 24
(1) A person must not assault or obstruct an appointed person 25
exercising a power or performing a function under this Act. 26
Maximum penalty--40 penalty units. 27
Page 59
G20 (Safety and Security) Bill 2013
Part 8 Exemptions from particular offence provisions
[s 76]
(2) In this section-- 1
obstruct includes hinder, resist and attempt to obstruct. 2
Part 8 Exemptions from particular 3
offence provisions 4
76 Application of Transport Operations (Road Use 5
Management) Act 1995 6
(1) Provisions of the Transport Operations (Road Use 7
Management) Act 1995 about offences, other than sections 79 8
and 80, do not apply to the driver of a vehicle that is part of a 9
motorcade under escort by a police officer. 10
(2) In this section-- 11
motorcade includes a vehicle being driven by a police officer 12
escorting the motorcade. 13
77 Power to give emergency direction to disobey traffic 14
provision 15
(1) For a G20 purpose, a police officer may give a direction in an 16
emergency to a relevant person to disobey a traffic provision. 17
Examples-- 18
1 A police officer may direct a relevant person who is the driver of a 19
police bus containing members of the Queensland Police Public 20
Safety Response Team being transported to the location of a riot to 21
disobey a red traffic light. 22
2 A police officer may direct a relevant person who is the driver of a 23
truck to exceed the speed limit in order to deliver barricade 24
equipment to a site where a potentially violent demonstration is 25
being conducted. 26
3 An assistant commissioner may direct a relevant person who is the 27
driver of a boat to exceed marine speed limits in order to transport 28
the assistant commissioner along the Brisbane River to where the 29
Page 60
G20 (Safety and Security) Bill 2013
Part 9 Arrest and custody powers and bail
[s 78]
assistant commissioner can assume field command of police 1
officers at a violent or potentially violent demonstration. 2
(2) A relevant person to whom a direction is given under 3
subsection (1) may disobey the traffic provision in the way 4
stated in the direction. 5
(3) In this section-- 6
relevant person means an individual employed by, hired by or 7
otherwise engaged by the State. 8
traffic provision means a provision of the Transport 9
Operations (Road Use Management) Act 1995, other than 10
section 79 or 80. 11
Part 9 Arrest and custody powers and 12
bail 13
Division 1 Arrest and custody powers 14
78 Arrest without warrant 15
(1) It is lawful for a police officer, without warrant, to arrest a 16
person the officer reasonably suspects has committed or is 17
committing an offence against this Act. 18
(2) Subsection (1) does not limit the powers of a police officer 19
under the Police Act to arrest a person without warrant, 20
including, for example, under section 365 of that Act. 21
79 Detention of person arrested 22
(1) It is the duty of a police officer to ensure a person arrested for 23
an offence against this Act is taken to a processing facility. 24
(2) At the processing facility, the person may be held in custody 25
for the time reasonably necessary to-- 26
Page 61
G20 (Safety and Security) Bill 2013
Part 9 Arrest and custody powers and bail
[s 80]
(a) establish the person's identity; and 1
(b) do 1 or more of the following-- 2
(i) charge the person and decide whether bail is to be 3
granted to the person; 4
(ii) release the person without charge; 5
(iii) give the person an exclusion notice. 6
(3) Subsection (1) does not apply if, at the time the person is 7
arrested for an offence against this Act, the person is arrested 8
for another offence against another Act. 9
(4) Subsection (2) does not limit the circumstances under which 10
an exclusion notice may be given. 11
80 Dealing with person arrested 12
(1) For a person held in custody under section 79(2), it is the duty 13
of a custody police officer to do 1 or more of the following-- 14
(a) release the person without charge; 15
(b) charge the person with the offence for which the person 16
was arrested or with another offence for the act or 17
omission for which the person was arrested; 18
(c) give the person an exclusion notice. 19
(2) Subsection (1) does not limit the circumstances under which 20
an exclusion notice may be given. 21
81 Protection of person released without charge 22
A person who, under section 80(1)(a), is released without 23
charge in relation to the offence for which the person was 24
arrested can not be further proceeded against for the offence, 25
whether or not an exclusion notice is given to the person. 26
Page 62
G20 (Safety and Security) Bill 2013
Part 9 Arrest and custody powers and bail
[s 82]
Division 2 Bail 1
82 Presumption against bail 2
(1) This section applies to an offence alleged to have been 3
committed in a security area, or at any G20 meeting, that 4
involves-- 5
(a) an assault of a police officer, an appointed person in the 6
person's capacity as an appointed person or a G20 7
participant; or 8
(b) throwing, propelling or discharging a missile or a 9
substance at a police officer, appointed person or G20 10
participant; or 11
(c) damage or destruction to property, if the offence relates 12
to any part of the G20 meeting; or 13
(d) disrupting or attempting to disrupt any part of the G20 14
meeting. 15
(2) Despite the Bail Act 1980, sections 7 and 9, a court or police 16
officer authorised to grant bail must refuse to grant bail unless 17
the defendant shows cause why the defendant's detention in 18
custody is not justified. 19
(3) All other provisions of the Bail Act 1980 apply to the offence. 20
(4) In addition to the conditions for the release of the defendant 21
on bail imposed under section 11 of that Act, it is a condition 22
for the release of the defendant on bail that the defendant-- 23
(a) not enter, attempt to enter or approach any security area; 24
and 25
(b) not commit another offence against this Act. 26
(5) The condition is taken to be imposed under the Bail Act 1980, 27
section 11. 28
(6) The presumption against bail under subsection (2) applies 29
only during the G20 period and, when the presumption 30
against bail ends, the defendant may apply or reapply for bail. 31
Page 63
G20 (Safety and Security) Bill 2013
Part 10 Compensation
[s 83]
Part 10 Compensation 1
83 Compensation for person normally residing in restricted 2
area 3
(1) This section applies if-- 4
(a) a person (other than an excluded person) normally 5
resides in premises that are within a restricted area; and 6
(b) the person does not hold a Commonwealth accreditation 7
or access approval authorising access to the restricted 8
area. 9
(2) The State must pay to the person the cost of reasonable 10
accommodation outside the restricted area for the person for 11
the period the person may not enter the restricted area. 12
(3) If the person normally resides in a restricted area with other 13
persons (including, for example, as a family or in a share 14
house), the cost of reasonable accommodation is for 15
accommodation for all the persons. 16
84 Compensation for prohibited person normally residing in 17
security area 18
(1) This section applies if a prohibited person normally resides in 19
a security area. 20
(2) The State must pay to the prohibited person the cost of 21
reasonable accommodation outside the security area for the 22
prohibited person for the period the person may not enter the 23
security area. 24
(3) If the prohibited person normally resides in a security area 25
with a child or another person, and the prohibited person is 26
wholly responsible for looking after the needs of the child or 27
other person, the cost of reasonable accommodation is for the 28
prohibited person and that child or other person. 29
Example for subsection (3)-- 30
The prohibited person may be the sole parent of a child or look after a 31
parent with a disability. 32
Page 64
G20 (Safety and Security) Bill 2013
Part 11 Disclosure of information
[s 85]
Part 11 Disclosure of information 1
85 Prohibition on unauthorised disclosure of restricted 2
information 3
(1) A person must not disclose restricted information that the 4
person has knowledge of because of the person's employment, 5
without lawful authority. 6
Maximum penalty--100 penalty units. 7
(2) In this section-- 8
restricted information means any of the following 9
information relating to all or any part of the G20 meeting-- 10
(a) information relating to planning or deployment for the 11
meeting or part; 12
(b) information the disclosure of which could prejudice the 13
security of buildings or vehicles; 14
(c) information the disclosure of which could prejudice 15
public safety or the security of heads of state or heads of 16
government; 17
(d) information the disclosure of which could compromise 18
relations between the State and other governments. 19
86 Disclosure of information in possession of police service 20
(1) The commissioner may authorise, in writing, the disclosure of 21
information in the possession of the police service to a 22
prescribed agency or police service for a purpose relating to 23
the safety and security of the G20 meeting. 24
Examples-- 25
1 An intelligence document about a person who intends to commit an 26
act of violence at a G20 event may be disclosed to the Australian 27
Defence Force or the Australian Security Intelligence Organisation. 28
2 An intelligence report, criminal history or information relating to 29
the background and associates of a person who is to hold a 30
Commonwealth accreditation or access approval. 31
Page 65
G20 (Safety and Security) Bill 2013
Part 12 General provisions about non-State police officers and appointed persons
[s 87]
(2) Without limiting subsection (1), the information may be 1
disclosed by direct data feed. 2
(3) This section applies despite any other Act. 3
(4) In this section-- 4
prescribed agency or police service means any of the 5
following-- 6
(a) an agency of the State; 7
(b) the Commonwealth G20 Taskforce; 8
(c) an agency of the Commonwealth, another State or a 9
foreign government; 10
(d) the police service or police force of the Commonwealth, 11
another State or a foreign government. 12
Part 12 General provisions about 13
non-State police officers and 14
appointed persons 15
Division 1 Non-State police officers 16
87 Authorisation of non-State police officers 17
(1) For the safety and security of the G20 meeting, the 18
commissioner may authorise a non-State police officer to 19
exercise the powers of a police officer under this Act or 20
another Act. 21
(2) The authorisation must name the non-State police officer. 22
(3) The authorisation-- 23
(a) may be limited to stated powers; and 24
(b) may be limited to a stated time; and 25
Page 66
G20 (Safety and Security) Bill 2013
Part 12 General provisions about non-State police officers and appointed persons
[s 87]
(c) may be given on conditions. 1
(4) The authorisation may be given orally or in writing but, if 2
given orally, must be put in writing as soon as reasonably 3
practicable. 4
(5) A failure to put the authorisation in writing does not invalidate 5
the authorisation or anything done under the authorisation. 6
(6) While the authorisation is in force, the non-State police officer 7
may exercise the powers only-- 8
(a) in accordance with the authorisation; and 9
(b) subject to the directions of the commissioner or another 10
police officer. 11
(7) If a police officer is authorised to exercise the powers under an 12
Act, the Act applies to the non-State police officer as if the 13
officer were a police officer. 14
Example for subsection (7)-- 15
A non-State police officer may lawfully possess a prohibited item in a 16
security area under section 62(1). 17
(8) The provisions of the Police Service Administration Act 1990 18
relating to special constables, other than section 5.16(2)(c), 19
apply to a non-State police officer as if the officer were a 20
special constable within the meaning of that Act. 21
(9) The commissioner may revoke the authorisation as soon as the 22
commissioner is reasonably satisfied the non-State police 23
officer's help is no longer needed. 24
(10) The revocation may be made orally or in writing but, if made 25
orally, must be put in writing as soon as reasonably 26
practicable. 27
(11) A failure to put the revocation in writing does not invalidate 28
the revocation. 29
(12) Despite subsection (9), an authorisation ceases to have effect 30
at the end of the G20 period. 31
Page 67
G20 (Safety and Security) Bill 2013
Part 12 General provisions about non-State police officers and appointed persons
[s 88]
88 Production of identity card 1
(1) This section applies if a non-State police officer is required to 2
produce the officer's identity card under the Police Act, 3
section 637. 4
(2) It is sufficient compliance with that section if the police 5
officer produces the identity card issued to the officer by the 6
officer's police service or police force. 7
Division 2 Appointed persons 8
89 Appointment 9
(1) The commissioner may, in writing, appoint a person other 10
than a police officer to be an appointed person for this Act (an 11
appointed person). 12
(2) However, the commissioner may appoint a person to be an 13
appointed person only if the commissioner is reasonably 14
satisfied the person-- 15
(a) has satisfactorily completed a course of training 16
recognised by the commissioner; or 17
(b) has the necessary expertise or experience to be an 18
appointed person. 19
(3) The appointment-- 20
(a) must state the powers the appointed person may exercise 21
under this Act and when and where they may be 22
exercised; and 23
(b) must state the dates during which the appointment is in 24
force; and 25
(c) may limit the powers of the appointed person by stating 26
conditions of the appointment. 27
(4) A power conferred on an appointed person by this Act applies 28
only to the extent the appointed person may exercise the 29
power under subsection (3). 30
Page 68
G20 (Safety and Security) Bill 2013
Part 12 General provisions about non-State police officers and appointed persons
[s 90]
(5) An appointment ceases to have effect at the end of the G20 1
period, unless the appointment states it ends earlier or is 2
revoked on an earlier date. 3
90 Identity card 4
(1) The commissioner must give each appointed person an 5
identity card. 6
(2) The identity card must-- 7
(a) contain a recent photo of the appointed person; and 8
(b) contain a copy of the appointed person's signature; and 9
(c) identify the person as an appointed person for this Act; 10
and 11
(d) state an expiry date for the card; and 12
(e) state a unique number. 13
91 Production or display of identity card 14
In exercising a power in relation to a person, an appointed 15
person must-- 16
(a) if reasonably practicable, produce the appointed 17
person's identity card for the person's inspection before 18
exercising the power; or 19
(b) have the identity card displayed so it is clearly visible to 20
the person when exercising the power. 21
Example for paragraph (b)-- 22
an appointed person wearing the person's identity card on the 23
outside of the person's shirt when conducting a search of a 24
person about to enter a restricted area 25
92 Return of identity card 26
A person who ceases to be an appointed person must return 27
the person's identity card to the commissioner as soon as 28
Page 69
G20 (Safety and Security) Bill 2013
Part 13 Miscellaneous
[s 93]
practicable (but within 2 days) after the person ceases to be an 1
appointed person, unless the person has a reasonable excuse. 2
Maximum penalty--10 penalty units. 3
93 Misuse of position as appointed person or of identity 4
card 5
An appointed person must not misuse the person's-- 6
(a) position as an appointed person; or 7
(b) identity card. 8
Maximum penalty--100 penalty units. 9
Examples of misuse for paragraph (b)-- 10
· producing the identity card to obtain a benefit 11
· producing the identity card, when the appointed person is off duty, 12
to give another person a direction 13
Part 13 Miscellaneous 14
94 Special justification 15
(1) A person has special justification to be in a restricted area or 16
motorcade area if-- 17
(a) the person is a police officer who is on duty in the area; 18
or 19
(b) the person is an appointed person who is performing the 20
functions of an appointed person in the area; or 21
(c) the person is required or permitted to be in the area by 22
the commissioner, a police officer or an appointed 23
person; or 24
(d) the person-- 25
(i) is required to be in, or pass through, the area for 26
the purposes of the person's employment, 27
Page 70
G20 (Safety and Security) Bill 2013
Part 13 Miscellaneous
[s 95]
occupation, profession, calling, trade or business or 1
for another work-related purpose; and 2
(ii) holds a Commonwealth accreditation or access 3
approval authorising access to the area for that 4
purpose; or 5
(e) the person-- 6
(i) resides, whether temporarily or permanently, in 7
premises located in the area; and 8
(ii) holds a Commonwealth accreditation or access 9
approval authorising access to the premises. 10
(2) The onus of proving special justification is on the person 11
claiming it. 12
95 Evidence 13
(1) In a proceeding for an offence against this Act, the following 14
statements in the charge are sufficient evidence of the facts 15
stated unless the contrary is proved-- 16
(a) that an order was made declaring a stated area to be an 17
additional declared area or additional restricted area; 18
(b) the date and time the order was signed; 19
(c) the period stated in the order for which the area is an 20
additional declared area or additional restricted area; 21
(d) that a stated person has been given an exclusion notice; 22
(e) that a stated person has been personally served under 23
section 51; 24
(f) that a stated person was at a stated time or during a 25
stated period-- 26
(i) a police officer; or 27
(ii) a non-State police officer; or 28
(iii) an appointed person; 29
(g) a dog supplied by the Australian Defence Force is 30
trained for a weapons or explosives detection purpose. 31
Page 71
G20 (Safety and Security) Bill 2013
Part 13 Miscellaneous
[s 96]
(2) A document purporting to be signed by a delegate of the 1
commissioner is proof of the delegation unless the contrary is 2
proved. 3
96 Registration plate identification 4
For a G20 purpose, a police officer of at least the rank of 5
assistant commissioner may order that an electronic device 6
designed to recognise the registration plate of a vehicle, and 7
communicate details about the vehicle to the operator of the 8
device, may be operated in a stated area. 9
97 Delegation 10
(1) The commissioner may delegate the commissioner's functions 11
under section 12(2) or 13(1) to a deputy commissioner. 12
(2) The commissioner may delegate the commissioner's functions 13
under section 62(2), 86(1), 87(1), 87(9), 89(1) or 90(1) to a 14
police officer of at least the rank of assistant commissioner. 15
(3) In this section-- 16
functions includes powers. 17
98 Review of Act 18
(1) The commissioner must ensure the operation and 19
effectiveness of this Act is reviewed. 20
(2) The commissioner must give a report of the outcome of the 21
review to the Minister by no later than 17 October 2015. 22
(3) The Minister must table the report in the Legislative 23
Assembly as soon as reasonably practicable after the Minister 24
is given the report by the commissioner. 25
(4) This section does not apply if the State Government calls 26
another review, the terms of reference of which include 27
reviewing the operation and effectiveness of this Act. 28
Page 72
G20 (Safety and Security) Bill 2013
Part 14 Expiry and provision if G20 meeting cancelled
[s 99]
99 Amendment of this Act 1
Long title, from `and to amend'-- 2
omit. 3
100 Regulation-making power 4
(1) The Governor in Council may make regulations under this 5
Act. 6
(2) A regulation may be made in relation to-- 7
(a) continuing provisions as mentioned in section 101; and 8
(b) for the purpose of section 102. 9
Part 14 Expiry and provision if G20 10
meeting cancelled 11
101 Expiry 12
(1) This Act, other than the continuing provisions, expires on 17 13
November 2014. 14
(2) The continuing provisions expire on 17 November 2015. 15
(3) This section is subject to section 102. 16
(4) In this section-- 17
continuing provisions means the following-- 18
(a) parts 1, 7, 8, 10, 11 and 14; 19
(b) section 92 to 95, 98 and 100; 20
(c) schedule 7. 21
Page 73
G20 (Safety and Security) Bill 2013
Part 15 Amendment of other Acts
[s 102]
102 Regulation may provide that provisions do not operate if 1
G20 meeting is cancelled 2
(1) The purpose of this section is to make provision in relation to 3
this Act if the holding of the G20 meeting is cancelled. 4
(2) A regulation may declare that the holding of the G20 meeting 5
is cancelled on and after a date stated in the regulation. 6
(3) If a regulation declares that the holding of the G20 meeting is 7
cancelled, the provisions that would have otherwise expired 8
under section 101(1) on 17 November 2014 expire on the date 9
stated in the regulation. 10
(4) Subsection (3) does not affect anything done or suffered under 11
this Act before the date stated in the regulation. 12
Part 15 Amendment of other Acts 13
Division 1 Amendment of Holidays Act 1983 14
103 Act amended 15
This division amends the Holidays Act 1983. 16
104 Insertion of new s 12 17
After section 11-- 18
insert-- 19
12 Particular public holiday in 2014 20
(1) A public holiday is to be observed on 14 21
November 2014 in the Brisbane area for the 22
Group of Twenty leaders' summit. 23
(2) To remove any doubt, it is declared that a 24
reference in an industrial instrument under the 25
Page 74
G20 (Safety and Security) Bill 2013
Part 15 Amendment of other Acts
[s 105]
Industrial Relations Act 1999 to a public holiday 1
is taken, for 2014, to include 14 November 2014. 2
(3) In this section-- 3
Brisbane area means the area of Brisbane under 4
the City of Brisbane Act 2010. 5
Division 2 Amendment of Industrial Relations 6
Act 1999 7
105 Act amended 8
This division amends the Industrial Relations Act 1999. 9
106 Amendment of sch 5 (Dictionary) 10
Schedule 5, definition public holiday, paragraph (a), last dot point, 11
`section 2 or 11'-- 12
omit, insert-- 13
section 2, 11 or 12 14
Division 3 Amendment of Right to Information 15
Act 2009 16
107 Act amended 17
This division amends the Right to Information Act 2009. 18
108 Amendment of sch 3 (Exempt information) 19
Schedule 3, section 12(1)-- 20
insert-- 21
· G20 (Safety and Security) Act 2013, section 22
85 23
Page 75
G20 (Safety and Security) Bill 2013
Part 15 Amendment of other Acts
[s 109]
Division 4 Amendment of Trading (Allowable 1
Hours) Act 1990 2
109 Act amended 3
This division amends the Trading (Allowable Hours) Act 4
1990. 5
110 Insertion of new pt 5B 6
After section 31B-- 7
insert-- 8
Part 5B Particular public 9
holiday in 2014 10
31C Allowable trading hours not affected by 11
particular public holiday in 2014 12
Despite the Holidays Act 1983, section 12, 14 13
November 2014 is taken not to be a public holiday for 14
the purposes of this Act. 15
Note-- 16
The public holiday to be observed on 14 November 2014 for 17
the Brisbane area under the Holidays Act 1983, section 12 is 18
for the Group of Twenty leaders' summit. 19
Page 76
G20 (Safety and Security) Bill 2013
Schedule 1
Schedule 1 Application of Act to declared 1
areas and restricted areas 2
sections 8 and 11 3
Part 1 Declared areas and restricted 4
areas in Cairns 5
This Act applies to an area mentioned in column 1 of the 6
following table from the date stated in column 2 to 22 7
September 2014-- 8
Column 1 Column 2
Area Date from which Act
applies
the core declared area in Cairns, being the hatched 16 September 2014
area shown on the map in schedule 2
each core restricted area in Cairns, being the hatched 16 September 2014
areas shown on the maps in schedule 4
an area in Cairns declared to be an additional the date stated in the
declared area or additional restricted area regulation or order
declaring the area as the
date from which this Act
applies to the area
Page 77
G20 (Safety and Security) Bill 2013
Schedule 1
Part 2 Declared areas and restricted 1
areas in Brisbane 2
This Act applies to an area mentioned in column 1 of the 3
following table from the date stated in column 2 to 17 4
November 2014-- 5
Column 1 Column 2
Area Date from which Act
applies
each core declared area in Brisbane, being the 14 November 2014
hatched areas shown on the maps in schedule 3
the core restricted area at Brisbane Convention and 1 November 2014
Exhibition Centre, South Brisbane, being the
hatched area shown on the map in schedule 5, part 1
the core restricted area at Royal National Association 7 November 2014
showground, Bowen Hills, being the hatched area
shown on the map in schedule 5, part 2
the core restricted area at Suncorp Stadium bus 9 November 2014
terminal, Milton, being the hatched area shown on
the map in schedule 5, part 3, subject to the
modifications under section 11(3)
the core restricted area at the Pullman Hotel, 9 November 2014
Brisbane, being the hatched area shown on the map
in schedule 5, part 4
the core restricted area at the Treasury Casino and 10 November 2014
Hotel, Brisbane, being the hatched area shown on the
map in schedule 5, part 5, subject to the modification
under section 11(4)
the core restricted area at the Royal on the Park 10 November 2014
Hotel, Brisbane, being the hatched area shown on the
map in schedule 5, part 6, subject to the modification
under section 11(4)
Page 78
G20 (Safety and Security) Bill 2013
Schedule 1
Column 1 Column 2
Area Date from which Act
applies
the core restricted area at the Marriott Hotel, 11 November 2014
Brisbane, being the hatched area shown on the map
in schedule 5, part 7, subject to the modification
under section 11(4)
the core restricted area at the Stamford Hotel, 11 November 2014
Brisbane, being the hatched area shown on the map
in schedule 5, part 8, subject to the modification
under section 11(4)
the core restricted area at the Novotel Hotel, Spring 12 November 2014
Hill, being the hatched area shown on the map in
schedule 5, part 9
the core restricted area at Rydges Hotel, South 12 November 2014
Brisbane, being the hatched area shown on the map
in schedule 5, part 10
the core restricted area at the Hilton Hotel, Brisbane, 13 November 2014
being the hatched area shown on the map in schedule
5, part 11
the core restricted areas at the Sofitel Hotel, 13 November 2014
Brisbane, being the hatched areas shown on the map
in schedule 5, part 12, subject to the modification
under section 11(4)
an area in Brisbane declared as an additional the date stated in the
declared area or additional restricted area regulation or order
declaring the area as the
date from which this Act
applies to the area
Page 79
G20 (Safety and Security) Bill 2013
Schedule 2
Schedule 2 Core declared area in Cairns 1
section 9 and schedule 1, part 1 2
Page 80
G20 (Safety and Security) Bill 2013
Schedule 3
Schedule 3 Core declared areas in 1
Brisbane 2
section 9 and schedule 1, part 2 3
Part 1 Central area 4
Page 81
G20 (Safety and Security) Bill 2013
Schedule 3
Part 2 Brisbane Airport at Eagle Farm 1
Page 82
G20 (Safety and Security) Bill 2013
Schedule 4
Schedule 4 Core restricted areas in Cairns 1
section 11 and schedule 1, part 1 2
Part 1 Cairns Convention Centre at 3
Cairns City 4
Page 83
G20 (Safety and Security) Bill 2013
Schedule 4
Part 2 Cairns showground at 1
Parramatta Park 2
Page 84
G20 (Safety and Security) Bill 2013
Schedule 4
Part 3 Cairns Department of Transport 1
and Main Roads Building at 2
Portsmith 3
Page 85
G20 (Safety and Security) Bill 2013
Schedule 5
Schedule 5 Core restricted areas in 1
Brisbane 2
section 11 and schedule 1, part 2 3
Part 1 Brisbane Convention and 4
Exhibition Centre at South 5
Brisbane 6
Page 86
G20 (Safety and Security) Bill 2013
Schedule 5
Part 2 Royal National Association 1
showground at Bowen Hills 2
Page 87
G20 (Safety and Security) Bill 2013
Schedule 5
Part 3 Suncorp Stadium bus terminal 1
at Milton 2
Page 88
G20 (Safety and Security) Bill 2013
Schedule 5
Part 4 Pullman Hotel at Brisbane City 1
Page 89
G20 (Safety and Security) Bill 2013
Schedule 5
Part 5 Treasury Casino and Hotel at 1
Brisbane City 2
Page 90
G20 (Safety and Security) Bill 2013
Schedule 5
Part 6 Royal on the Park Hotel at 1
Brisbane City 2
Page 91
G20 (Safety and Security) Bill 2013
Schedule 5
Part 7 Marriott Hotel at Brisbane City 1
Page 92
G20 (Safety and Security) Bill 2013
Schedule 5
Part 8 Stamford Hotel at Brisbane City 1
Page 93
G20 (Safety and Security) Bill 2013
Schedule 5
Part 9 Novotel Hotel at Spring Hill 1
Page 94
G20 (Safety and Security) Bill 2013
Schedule 5
Part 10 Rydges Hotel at South 1
Brisbane 2
Page 95
G20 (Safety and Security) Bill 2013
Schedule 5
Part 11 Hilton Hotel at Brisbane City 1
Page 96
G20 (Safety and Security) Bill 2013
Schedule 5
Part 12 Sofitel Hotel at Brisbane City 1
Page 97
G20 (Safety and Security) Bill 2013
Schedule 6
Schedule 6 Prohibited items 1
section 59 2
1 any of the following under the Weapons Categories 3
Regulation 1997-- 4
(a) a category A, B, C, D, E, H, M or R weapon 5
(b) a restricted item 6
2 any of the following within the meaning of the Weapons Act 7
1990-- 8
(a) an antique firearm 9
(b) a knife (see that Act, section 51(7)) 10
(c) a major component part of a firearm 11
(d) a shanghai 12
(e) a slingshot 13
(f) a sword 14
3 any of the following-- 15
(a) a captive bolt humane killer 16
(b) an explosive tool 17
(c) a bow, whether a longbow, a compound bow or another 18
type of bow 19
(d) a spear gun 20
(e) a replica of a firearm, crossbow, longbow or spear gun 21
(f) an arrow 22
(g) a blowpipe 23
(h) handcuffs 24
(i) a whip 25
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G20 (Safety and Security) Bill 2013
Schedule 6
(j) a device capable of being used to interfere with 1
broadcast or communication devices, including, for 2
example, a communications jamming device 3
(k) a cattle prod or other electrical device used for the 4
management of livestock or other animals 5
(l) an explosive, including, for example, fireworks or flares 6
(m) glass bottles or jars 7
(n) metal cans or tins 8
(o) projectiles, including, for example, stones, ball bearings 9
or eggs 10
(p) hand tools 11
(q) metal spikes, nails or tacks 12
4 a placard or banner to which a timber, metal or plastic pole is 13
attached or a banner more than 100cm high by 200cm wide 14
5 a noxious or offensive substance, including, for example, 15
urine or animal manure 16
6 an offensive weapon, including anything used as a weapon or 17
capable of being used as a weapon, including, for example, a 18
baseball bat or fence paling being carried by a person 19
participating in an assembly 20
7 a graffiti instrument within the meaning of the Summary 21
Offences Act 2005 22
8 a reptile, insect or other animal capable of causing physical 23
harm if released in close proximity to a person 24
9 an item (including, for example, a lock-on device or sleeping 25
dragon) capable of either of the following-- 26
(a) attaching a person to an object or another person 27
(b) impeding removal of any locking or connecting device 28
10 a chain, cable or anything else capable of securing objects 29
together for the purpose of causing an obstruction 30
11 a communication device, other than a mobile phone or other 31
telephone, capable of being used to organise activity designed 32
to disrupt any part of the G20 meeting, including, for 33
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G20 (Safety and Security) Bill 2013
Schedule 6
example, a two-way radio or a loud hailer, whether powered 1
or not 2
12 part or all of a traffic barrier 3
13 any of the following things capable, directly or indirectly, of 4
disrupting any part of the G20 meeting-- 5
(a) a thing capable of emitting a sound loud enough to 6
disrupt the part of the G20 meeting, including, for 7
example, a horn or a hand-held marine warning device 8
(b) a thing capable of emitting a sound that can distress or 9
upset a dog or horse 10
(c) a smoke bomb or other smoke device 11
(d) an object commonly known as paint bomb, flour bomb 12
or similar item capable of being thrown or propelled, 13
including, for example, a paper bag containing flour that 14
is intended to be thrown or a plastic container containing 15
paint that is intended to be thrown 16
(e) a thing that is not a weapon but is capable of being used 17
to cause harm to a person 18
(f) flammable substances 19
(g) a laser pointer 20
(h) a laser device capable of being shone onto an aircraft or 21
of projecting an image 22
(i) a thing capable of being used to climb a barrier 23
(j) a thing capable of being used to construct a stage, 24
platform, tripod or tower or a structure similar to a stage, 25
platform, tripod or tower, other than a camera tripod 26
14 a thing capable of disguising or concealing the identity of a 27
person including camouflage paint or cream, a mask or a 28
balaclava, but not including headwear, worn by a member of a 29
religious group, of a type customarily worn by members of 30
the group 31
15 a manually operated surf ski or surfboard, kayak, boat or 32
canoe 33
16 a floatation device 34
Page 100
G20 (Safety and Security) Bill 2013
Schedule 6
17 a kite or other device suspended by airflow and controlled by 1
a string or cord attached to it 2
18 a remotely controlled device, including a vehicle or a model 3
of a vehicle, including, for example, any of the following 4
operated by remote control-- 5
(a) a toy car 6
(b) a model plane 7
(c) a drone or unmanned aerial vehicle 8
19 a thing purporting to be a Commonwealth accreditation or 9
access approval, that is not genuine 10
20 a thing purporting to be an identity card for an appointed 11
person or a police officer, that is not genuine 12
21 any other thing prescribed under a regulation 13
Page 101
G20 (Safety and Security) Bill 2013
Schedule 7
Schedule 7 Dictionary 1
section 6 2
access approval see section 15(1). 3
additional declared area means an area of land or water 4
declared under section 12 or 13 to be an additional declared 5
area. 6
additional restricted area means an area of land or water 7
declared under section 12 or 13 to be an additional restricted 8
area. 9
appointed person see section 89(1). 10
assault see Criminal Code, section 245. 11
assembly see section 18(2). 12
assistant commissioner see the Police Service Administration 13
Act 1990, section 1.4. 14
attempt, in relation to a vehicle attempting to enter or leave a 15
security area or part of a security area, means the person in 16
charge of the vehicle positioning the vehicle for the purpose of 17
approaching, entering or leaving the security area or part. 18
barrier includes a fence or any other thing used, or a thing 19
that can be used, to restrict access or indicate an access 20
restriction. 21
Examples-- 22
· a chain mesh fence or other fence 23
· a chain strung between 2 points 24
· a water filled container 25
· a blockade created by a vehicle 26
basic search see section 20. 27
Cairns finance meeting see section 2(1)(a). 28
commissioner means the commissioner of the police service. 29
Commonwealth accreditation see section 14(1). 30
Page 102
G20 (Safety and Security) Bill 2013
Schedule 7
cordon includes-- 1
(a) tape or rope, acting as a barrier; and 2
(b) retractable barrier webbing between stanchions; and 3
(c) bollards; and 4
(d) a sign prohibiting or restricting entry. 5
core declared area means an area-- 6
(a) shown hatched on a map in schedule 2 or 3; and 7
(b) if a regulation has been made modifying the area as 8
mentioned in section 9(2)--as that hatched area is 9
modified by the regulation. 10
core restricted areas means an area-- 11
(a) shown hatched on a map in schedule 4 or 5; and 12
(b) if a regulation has been made modifying the area as 13
mentioned in section 11(2)--as that hatched area is 14
modified by the regulation. 15
custody police officer means a police officer assigned to 16
perform duty at a processing facility. 17
declared area see section 9(1). 18
deputy commissioner see the Police Service Administration 19
Act 1990, section 1.4. 20
detection dog see section 34(1). 21
excluded, in relation to an excluded person, means the person 22
must not enter or remain in, or attempt to enter or remain in, a 23
security area or part of a security area as required by the 24
exclusion notice given to the person. 25
excluded person means a person who has been given an 26
exclusion notice. 27
exclusion notice means an oral or written notice under section 28
56. 29
face means a person's face-- 30
(a) from the top of the forehead to the bottom of the chin; 31
and 32
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G20 (Safety and Security) Bill 2013
Schedule 7
(b) between (but not including) the ears. 1
footpath see the Transport Operations (Road Use 2
Management) Act 1995, schedule 4. 3
for, in relation to a provision of this Act, includes for the 4
purposes of the provision. 5
frisk search see section 21. 6
G20 event means an event, function or activity that is directly 7
or indirectly part of, or related to, the following-- 8
(a) the leaders summit; 9
(b) the Cairns finance meeting; 10
(c) a sherpa meeting. 11
Examples-- 12
· a meeting of a President and a Prime Minister at a hotel to discuss a 13
policy issue 14
· a meeting between the Prime Minister of the United Kingdom and 15
the Governor-General of Australia 16
· a motorcade 17
· a musical recital at Brisbane City Hall held for and attended by a 18
head of state or head of government whether or not members of the 19
public are invited 20
· a fireworks display at South Bank Parkland held for and attended by 21
a head of state or head of government whether or not members of 22
the public are invited 23
G20 meeting means all of the following-- 24
(a) the leaders summit; 25
(b) the Cairns finance meeting; 26
(c) a sherpa meeting; 27
(d) a G20 event. 28
G20 participant means any of the following-- 29
(a) a person in Queensland to attend the leaders summit; or 30
(b) a person in Queensland to attend the Cairns finance 31
meeting; or 32
(c) a person in Queensland to attend a sherpa meeting; or 33
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G20 (Safety and Security) Bill 2013
Schedule 7
(d) an internationally protected person (within the meaning 1
of the Crimes (Internationally Protected Persons) Act 2
1976 (Cwlth)) in Queensland to attend a G20 event; or 3
(e) any other person or class of persons prescribed by 4
regulation as a G20 protected person. 5
G20 period means the period starting at the beginning of 16 6
September 2014 and ending on 17 November 2014. 7
G20 purpose means a lawful act done to preserve the safety 8
and security of the G20 meeting, including, for example, to 9
preserve-- 10
(a) the safety or security of a member of the public from 11
unlawful acts, including, for example, by an assembly in 12
relation to a G20 event that is not lawful; or 13
(b) property from damage by unlawful acts, including, for 14
example, arson in relation to a G20 event. 15
headwear includes an item of clothing, a helmet, a mask or 16
another thing worn by a person that prevents the person's face 17
from being seen, whether wholly or partly. 18
leaders summit see section 2(1)(a). 19
motorcade means vehicles used for road or water travel by a 20
G20 participant or G20 protected person. 21
motorcade area see section 10. 22
non-State police officer means any of the following-- 23
(a) a member of the Australian Federal Police; 24
(b) a sworn member of a police service or police force of 25
another State or New Zealand. 26
obstruction object means a thing placed in, or in the vicinity 27
of, a security area or any other area in a way intended or likely 28
to-- 29
(a) impede passage to or through the security area; or 30
(b) seriously disrupt traffic flow; or 31
(c) impede a motorcade. 32
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G20 (Safety and Security) Bill 2013
Schedule 7
Examples-- 1
· bicycles chained together across a road leading into a declared area 2
· an unattended car parked in a traffic lane in a motorcade area 3
· a truck parked across the Go Between Bridge causing drivers 4
travelling to West End to use the Captain Cook Bridge or the 5
Victoria Bridge, causing traffic congestion near a security area 6
· a package left at the side of a motorcade area in a way that might 7
lead to a suspicion that it is an explosive device or is otherwise a 8
risk to public safety 9
personal details, in relation to a person, means-- 10
(a) the person's full name; and 11
(b) any other name the person is known by; and 12
(c) the person's date of birth; and 13
(d) the address where the person is living; and 14
(e) the address where the person usually lives, if that is 15
different from the address where the person is living; 16
and 17
(f) either-- 18
(i) an official document identifying the person issued 19
by a government agency in relation to the person; 20
or 21
(ii) another reliable form of identification. 22
photo includes a digital image. 23
Police Act see section 4(1). 24
possess includes custody and control. 25
prescribed website means-- 26
(a) the department's website; or 27
Editor's note-- 28
The department's website address is . 29
(b) if the website is not operating or not operating 30
properly--another website nominated by the 31
commissioner. 32
processing facility means-- 33
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G20 (Safety and Security) Bill 2013
Schedule 7
(a) a place declared to be a police establishment under the 1
Police Service Administration Act 1990, section 10.10; 2
or 3
(b) a watch-house. 4
prohibited item see section 59. 5
prohibited person see section 53. 6
reasonably satisfied means satisfied on grounds that are 7
reasonable in the circumstances. 8
reasonably suspects means suspects on grounds that are 9
reasonable in the circumstances. 10
restricted area see section 11. 11
road see the Transport Operations (Road Use Management) 12
Act 1995, schedule 4. 13
safety and security of the G20 meeting includes any and all of 14
the following-- 15
(a) the safety and security of the venues and facilities used, 16
or to be used, for any part of the G20 meeting including 17
venues in or outside a restricted area; 18
(b) the safety and security of the venues and facilities used, 19
or to be used, for the accommodation of G20 20
participants, including venues in or outside a restricted 21
area; 22
(c) the safety and security of G20 participants when 23
travelling to or from the venues and facilities for a G20 24
event or the accommodation as mentioned in paragraph 25
(b), including motorcade areas; 26
(d) the safety and security of persons (other than G20 27
participants) when in a restricted area or motorcade 28
area. 29
search, in relation to a thing, includes handling the thing, 30
opening it, removing any contents and examining the 31
contents. 32
security area see section 7. 33
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G20 (Safety and Security) Bill 2013
Schedule 7
senior police officer means a police officer who holds the 1
rank of at least a superintendant. 2
sherpa means a person appointed or employed to assist a head 3
of state or head of government, finance Minister, central bank 4
governor or deputy finance Minister in matters of policy or 5
administration. 6
sherpa meeting see section 2(1)(a). 7
special justification see section 94(1). 8
specific search see section 22. 9
vehicle includes-- 10
(a) a motor vehicle, train, aircraft, bicycle or vessel, 11
whether the thing can be operated by a person in or on 12
the thing or can be operated unmanned; and 13
(b) anything else used or to be used to carry persons or 14
goods from place to place, whether or not it is drawn by 15
an animal. 16
17
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 108
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