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©State of Queensland

QUEENSLAND

POLICE ACT 1937-1978

and

REGULATIONS

1NDEX

(Compiled to 31 January, 1979)

Prepared 'bY direction of The Honourable R. E. OA!MM, M.L.A. Minister for Mines, Energy and Police

By Authority: S. R. HAMPSON, Government Printer, Brisbane-1978

TABLE OF CONTENTS

POLICE AcT 1937-1978

POLICE ACTS AMENDMENT ACT OF 1953

PoLicE AcTs AMENDMENT AcT oF 1962

PoLicE AcT AMENDMENT AcT OF 1972

POLICE REGULATIONS 1978

INDEX

Page

1

33

34

34

35

37

POLICE ACT 1937-1978

Police Act of 1937, 1 Geo. 6 No. 12

As amended by

Police Act Amendment Act of 1944, 8 Geo. 6 No. 7

Police Acts Amendment Act of 1948, 12 Geo. 6 No. 22

Police Acts Amendment Act of 1948 (No. 2), 13 Geo. 6 No. 13

Police Acts Amendment Act of 1951, 15 Geo. 6 No. 20

Police Acts Amendment Act of 1951 (No. 2), 15 Geo. 6 No. 44

Police Acts Amendment Act of 1953, 2 Eliz. 2 No. 12







Police Acts Amendment Act of 1963, No. 41

Police Acts Amendment Act of 1964, No. 66

Police Superannuation Act 1968, No. 58

Police Act and Another Act Amendment Act 1970, No. 36 ss. 8, 9, 10, 11 and 14 commenced 18 Jan. 1971 (Proc. pubd. Gaz.

16 Jan. 1971, p. 120).

Police Act Amendment Act 1971, No. 57

This Act (excluding ss. 3 and 7) commenced 16 Sept. 1972 (Proc. pubd. Gaz. 16 Sept. 1972, p. 300; Amended, Gaz. 23 Sept. 1972, p. 384).

ss. 3 and 7 commenced 2 Dec. 1971 (see Police Act Amendment Act 1972, No. 20, s. 2).

Police Act Amendment Act 1973, No. 71.

Limitations of Actions Act 1974, No. 75.

Police Act and Another Act Amendment Act 1977, No. 16 Part II

Police Act Amendment Act 1978, No. 32

An Act to Consolidate and Amend the Law relating to the Regulation of the Police Force, and for other purposes

[Assented to 14 October 1937]

2 ss. 1-3 POUCE ACT 1937--<1978

PART 1-PRELIMANARY AND INTERPRETATION

1. Short title. This Act may be cited as The Police Act of 1937, and shall, except as is otherwise provided in this Act, come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act.

Commenced M Nov. 1937 (Proc. pubd. Gaz. 11 Nov. 1937, p. 1382). Collective title conferred hy Act of 1978, No. 32, s. 1 (3).

2. Parts of Act. This Act is divided into Parts, as follows:PART I-PRELIMINARY AND INTERPRETATION;

PART II-APPOINTMENT, DISCIPLINE, AND DUTIES OF POLICE

FoRcE;

PART III-APPOINTMENT OF SPECIAL CONSTABLES;

PART IV-RETIREMENT;

PART V-POLICE FUND;

PART VI~APPEALS;

PART VII-GENERAL.

As amended by Act of 1970, No. 36, s. 5; Act of 1978, No. 32, s. 2.

3. Repeal and savings. Schedule. Subject to the provisions hereinafter contained, the Acts specified in the Schedule to this Act are repealed to the extent indicated in that Schedule. Such Acts are herein referred to as the "repealed Acts":

Provided that, without prejudice to The Acts Shortening Acts, but save as is otherwise provided in this Act-

(i) All acts, matters, and things lawfully had and done under and in pursuance of the repealed Acts or any of them shall be and continue to be in full force and effect to all intents and purposes as if no such repeal had taken place, and if the same are not completed may be continued and completed under and in pursuance of the repealed Acts;

(ii) All penalties, fines, and forfeitures enforceable or recoverable under and in pursuance of the repealed Acts or any of them shall and may be ·enforced and recovered as if this Act had not commenced;

(iii) All persons appointed under any Act hereby repealed and holding office at the time of the commencement of this Act shall be deemed to have been appointed and to hold office under this Act;

(iv) All Proclamations, rules, regulations, orders, directions, appointments, and notices made or given under the authority of any Act hereby repealed and in force at the time of the commencement of this Act shall be deemed to have been made or given under the authority of this Act, and shall be and continue to be of full force and effect until the same are revoked or amended under this Act.

POLICE ACT 1937-1978 ss, 4, 4A 3

4. Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:-

"Arrest" (used with reference to persons)-Arrest without warrant other :than this Act and take such person to a police station, there to be detained (unless he is released upon recognizance) until he can be brought before a coulit to be dealt with according to law: and the term "arrested" shall have a correlative meaning;

"Member of the Police Force"-lncludes the Commissioner, the Deputy Commissioner, every Assistant Commissioner, and every superintendent (including the Chief Superintendent), inspector, technical or scientific officer (including every principal technical officer and principal scientific officer) sergeant and constable of police;

"Minister"-The Minister of the Crown for the time being charged with the administration of this Act;

"Pay and salary," "pay," or "salary" mean ·and include the remuneration ordinarily received in money by a member of the Police Force as the ordinary pay of his rank, but not to include or to have included any allowance in kind or any money paid him by way of allowance other than an allowance which is solely in the nature of an increase in the remuneration received in money paid him as the ordinary pay of his rank;

"Police establishment" -Includes-( a) any Police station, Police residence, watchhouse, Police

paddock, Police yard, Police reserve, together with all fixtures therein or thereon;

(b) any building or yard appropriated to the use of members of the Police Force for the time being attached to the branches and establishments specified in paragraph (b) of section 8 (3 ), together with all fixtures therein or thereon;

(c) any building or yard appropriated to the use of members of the Police Force for the time being attached to any Police squad, section, unit, division or bureau, together with all fixtures therein or thereon;

"Police Force" or "Force"-Police Force of the State of Queensland, and includes all members appointed to the Police Force;

"Police Region" -A Police Region constituted under section 4A;

"T-his Act"-This Act and all Orders in Council and regulations made thereunder.

As amended by Act of 195,1 (No. 2), 15 Geo. 6 No. 44, s. 2; Act of 1953, 2 Eliz. 2 No. 12, s. 2; Act of 1958, 7 Eliz. 2 No. 61, s. 2; Act of 1970, No. 36, s. 6 (as from 18 Jan. 1971); Act of 1977, No. 16, s. 4; Act of 1978, No. 32, s. 3.

4A, Police Regions may be constituted. (1) The Governor in Council may from time to time by Order in Council published in the Gazette constitute any part of Queensland to be a Police Region and may in like manner from time to time abolish or alter (whether by adding to or deleting from) any Police Region.

4 ss.5,6 POLICE ACT 1937-1978

(2) Without limiting the generality of subsection (1) of this section, a Police Region may be constituted by reference to Police Districts.

Inser·ted by Act of 1970 No. 36, s. 7.

PART II-APPOINTMENT, DISCIPLINE, AND DUTIES OF POLICE FORCE

5. Police Districts may be constituted. The Governor in Council may from time to time by Order in Council published in the Gazette constitute any part of Queensland to be a Police District, and may in like manner from time to time revoke or alter any such Order in Council. Wherever in any Act now or hereafter to be in force the words "Police District" occur, they shall be deemed and taken to mean a Police District so constituted as aforesaid.

In constituting a Police District pursuant to the preceding paragraph the Governor in Council may delineate the boundaries thereof by metes and bounds or by reference to Local Authority boundaries or by maps retained by the Commissioner for ·that purpose in respect of each district.

Existing districts. All Police Districts proclaimed under any repealed Act and existing at the commencement of this Act shall be and be deemed to be Police Districts duly constituted under and for the purposes of this Act, and shall continue in existence until the same are abolished or amended under this Act.

As amended by Act of 1978, No. 32, s. 4.

6. Appointment of Commissioner of Police. (1) The Governor in Council may from time to time appoint some fit and proper person to be Commissioner of Police, hereinafter referred to as "the Commissioner," who shall, subject to the direction of the Minister, be charged with the superintendence of the Police Force of Queensland.

(2) The Commissioner shall, subject as is hereinafter provided, continue in office during such period as he is of good behaviour and until he reaches the age of sixty-five years when he shall retire from office.

(2A) The Commissioner shall be paid a salary at such rate per annum as may be determined by the Governor in Council from time to time.

(3) (Repealed.) (3A) (Repealed.) (3B) (Repealed.) ( 4) The Commissioner shall be deemed to have vacated his office

( a) If he engages during his term of office in any paid employment outside the duties of his office;

(b) If he becomes insolvent, bankrupt, or compounds with his creditors, or makes any assignment of his salary for their benefit, or takes advantage of any provisions of any Act relating to bankruptcy or insolvency;

(c) If he becomes permanently incapa:b}e of performing his duties; or

(d) If •he resigns his office by writing under his hand addressed to the Governor in Council, and such resignation is accepted by the Governor in Council.

As amended by Act of 1945, 10 Geo. 6 No. 8, s. 3 (2) (i); Act of 1948 (No. 2), 13 Geo. 6 No. 13, s. 2; Act of 1951 (No. 2), 15 Geo. 6 No. 44, s. 3; Act of .1953, 2 Eliz. 2 No. 12, s. 3; Act of 1954, 3 Eliz. 2 No. 47, s. 2; Act of 1970, No. 36, ss. 8, 9 (2) (as from 18 Jan. 1971); Act of 1977, No. 16, s. 5.

POLICE ACT 1937-1978 ss. 6A-7A s

6A. Deputy Commissioner. (1) The Governor in Council may from time to time appoint some ·fit and proper person to be the Deputy Commissioner of Police, hereinafter referred to as the Deputy Commis,.. sioner.

(2) The Deputy Commissioner shall be paid a salary at such rate per annum as may be determined by the Governor in Council from time to time.

(3) The disqualifications imposed by section 6 ( 4) with :respect to the office of the Commissioner ex:tend to and with respect to the office of the Deputy Commissioner but, subj'ect thereto, the Deputy Commissioner shall continue in office during such period as he is of good behaviour and until he attains the age of 60 years when he shall retire from office.

( 4) The Deputy Commissioner, subj'ect to this Act, may exercise all such powers and authorities and ·shall perform all such functions and duties (including powers, authorities, functions and duties of the Commissioner) as the Commissioner may direct, either generally or in a particular case.

Inserted by Act of 1977, No. 16, s. 6.

7. Assistant Commissioners. (1) The Governor in Council may from .time to time appoint fit and proper persons to be Assistant Commissioners of Police, each of whom is hereinafter referred to as Assistant Commissioner.

Not more than five Assistant Commissioners shall hold office at the same time.

(2) An Assistant Commissioner shall be paid a salary at such rate per annum as may be determined by the Governor in Council from time to time.

( 3) The disqualifications imposed by section 6 ( 4) with respect to the office of the Commissioner extend to and with respect to the office of Assistant Commissioner but, subject thereto, an Assistant Commissioner shall continue in office during such period as he is of good behaviour and until he attains the age of retirement prescribed by section 36 when he shall retire from office.

( 4) An Assistant Commissioner, subject to this Act, may exercise all such powers and authorities and shall perform all such functions and duties {including powers, authorities, functions and duties of the Commissioner or the Deputy Commissioner) as the Commissioner may direct either generally or in a particular case.

Substituted by Act of 1971, No. 16, s. 7; as amended by Act of 1978, No. 32, s. 5.

7A. Acting in cases of absence or vacancy. (1) If at any time the Commissioner is absent from duty or there is a vacancy in the office of the Commissioner the Deputy Commissioner shall act as the Commissioner (in the case of a vacancy until a new Commissioner is appointed) and while he so acts shall have and may exercise and shall perform all the powers, authorities, functions and duties of the Comn1issioner.

(2) If.at any time-(a) the Commissioner and the Deputy Commissioner are both

absent from duty or there is a vacancy in both those offices; or

68631-B

6 ss. 7B, 7c P()!il(]B ~<:r .1937-4978

(b) the Deputy Commissioner is absent from duty or there is a vacancy in the office of the Deputy Commissioner,

an Assistant Commissioner designated in that behalf by the Governor in Council at the time of his appointment or at any later time (the Governor in Council being hereby empowered so to do) shall, in the case referred to in provision (a), act temporarily as the Commissioner and, in the case referred to in provision (b), act temporarily as the Deputy Commissioner during such absence or vacancy.

A designation referred to in this subsection made by the Governor in Council may be revoked by him at any time, whereupon the authority conferred by this subsection on the person so designated shall cease.

(3) If at any time-(a) the Commissioner is absent from duty or there is a vacancy

in the office of the Commissioner; and

(b) the Deputy Commissioner is unable for any reason to act as the Commissioner or there is a vacancy in the office of the Deputy Commissioner; and

(c) the Assistant Commissioner who is designated under subsection (2) to act temporarily as the Commissioner is absent from duty,

some fit and proper person appointed in that behalf by the Governor in Council shall act temporarily as the Commissioner during the period for which the circumstances specified in provisions (a), (b) and (c) exist.

An appointment referred to in this subsection made by the Governor in Council may be revoked by him at any time, whereupon the authority conferred by this subsection on the appointee shall cease to exist.

( 4) While a person acts temporarily <in any office pursuant to authority conferred by subsection (2) or (3) he shall have and may exercise and shall perform all the powers, authorities, functions and duties of the office in which he is acting.

(5) A power, authority, function or duty of the Commissioner exercised or performed by the Deputy ·Commissioner, an Assistant Commissioner or a person appointed under subsection (3) and a power, authority, function or duty of the Deputy Commissioner exercised or performed by an Assistant Commissioner shall be presumed to have been exercised or performed lawfully until the contrary is proved.

Substituted by Act of 1977, No. 16, s. 7.

7B. (Repealed.) Repealed by Act of 1978, No. 32, s.6.

7c. Appointment of new Commissioner while Commissioner absent on leave prior to retirement, etc. (1) At any time after a holder of the office of Commissioner or Deputy Commissioner or Assistant Commissioner shall have been granted leave of absence of any kind which is due to continue until that holder attains his age of retirement from the Police Force, the Governor in Council may appoint a person to succeed that holder in the office of Commissioner or Deputy Commissioner or Assistant Commissioner, as the case may be.

POLICE ACf 1937-1978 s. 8 7

(2) For the purposes of an appointment, in pursuance of subsection one of this section, to the office of Commissioner or Deputy Commissioner or Assistant Commissioner, and the holding, exercise, and discharge by the appointee of :the office to which he is appointed and the powers, functions, and duties thereof, the person holding that office immediately prior to the appointment shall be deemed to have reached his age of retirement immediately prior to the making of the appointment (but he shall not be so deemed in respect of the emoluments of the office or his entitlement to superannuation benefit under the Police Superannuation Act 1968-1970).

Inserted (as s. 7B) by Act of 1954, 3 Eliz. 2 No. 47, s. 4; as renumbered and amended by Act of 1958, 7 Eliz. 2 No. 61, s. 4; Act of 1970, No. 36, ss. 12 (1), 13 (1) (as from 18 Jan. 1971); Act of 1977, No. 16, s. 8; Act of 1978, No. 32, s. 7.

8. Appointment of Superintendents, etc. (1) The Governor in Council may from time to time appoint such number of superintendents, inspectors, principal technical officers and principal scientific officers of the Police Force as may be found necessary.

(2) The Governor in Couneil may designate a superintendent as Chief Superintendent.

(3) The Governor in Council may from time to time assign(a) any superintendent to a Police Region; (b) any superintendent or inspector to-

(i) a Police District; (ii) the Criminal Investigation Branch of the Police Force; (iii) the establishment known as the Licensing Branch of the

Police Force; (iv) the establishment known as the Traffic Branch of the

Police Force; (v) the establishment known as the Police Academy;

( va) the establishment known as the Police College; (vi) the office establishment of the Commissioner;

(c) principal technical officers and principal scientific officers to(i) the Technical and Scientific Branch, and may appoint one

of those officers to be the officer in chacrge of that branch; (ii) a Police District.

( 4) A superintendent or inspector who is assigned to a Police Region or Police District shall, subject to the control and authority of the Commissioner, be charged with the government, direction and superintendence of the Police Force for the time being stationed within the Police Region or Police District, as the case may be, to which he is assigned.

( 4A) A principal technical officer or principal scientific officer assigned to a Police District shall be subject to the direction and superintendence of the inspector for the time being assigned to ·that district.

(5) The authority of an inspector assigned to a Police District may be limited in relation to the Police Force as the Governor in Council may direct.

8 ss. '· 10 POLICE ACT 1937 ..... 1978

( 6) Superintendents and inspectors who are not assigned to any Police Region or Police District have such authority in relation to the Police Force as the Governor in Council may direct and, in so far as not so directed, as the Commissioner may direct.

(7) The Chief Inspector in office immediately before section 14 of the Police Act and Another Act Amendment Act 1970 (hereafter in this section referred to as "the said seetion") comes into operation shall without any further OI other appointment be deemed to have been appointed as a superintendent and designated Chief Superintendent under and pursuant to this section and shall hold office accordingly.

(8) Subject to any award or order of the Industrial Conciliation and Arbitration Commission or other competent industrial tribunal made after the said section comes into operation, the salary of the Chief Superintendent and superintendents shall be as fixed by the Governor in Council.

(9) Every sub-inspector in office immediately before the said section comes into operation shall without any further or other appointment be deemed to have been appointed as an inspector under and pursuant to this section and shall hold office accordingly.

(10) Subject to any award or order of the Industrial Conciliation and Arbitration Commission or other competent industrial tribunal made after the said section comes into operation, the salary of an inspector to whom subsection (9) of this section relates shall be the salary prescribed in respect of a sub-inspector by the applicable award of the said Commission in force when the said section comes into operation.

Substituted .by Act of ,1970, No. 36, s. 14 (as from 18 Jan. 1971); as amended by Act of 1978, No. 32, s. 8.

9. Increase of Police Force not hereby authorised. Nothing in this Act contained shall authorise the creation of any office or the appointment of any person in connection with the Police Force except such as may be provided for by Padiament.

10. Appointment of sergeants, etc. (1) The Commissioner shall appoint so many persons (whether male or female) to be sergeants, of different ranks, and constables, of different grades, and technical or scientific officers of different grades ·(other than principal technical officers or principal scientific officers) of the Police Force as he deems necessary for the preservation of the peace and order, the prevention of crime, and the apprehension of offenders throughout Queensland, and upon sufficient proof of misconduct or unfitness, shall have power to dismiss any sergeant or constable or any such technical or scientific officer:

Provided that every person who is appointed to be a constable shall be appointed in the first instance for one year only and may, if the Commissioner cons1ders he is unsuitable for any reason whatsoever to continue in the Police Force, be discharged by the Commissioner at any time before the expiration of one year from the day of such person's first appointment as a constable, and without assigning any reason other than· that the Commissioner considers he is unsuitable to continue in the Police Force:

POLICE ACf 1937--'1978 s. 10 9

Provided further, that every constable who is not discharged before the expiration of one year from the day of his appointnlent shall, without reappointment, be deemed to be appointed generally and without limit of time, and shall not be liable to be discharged against his own will or dismissed by the Commissioner otherwise than after investigation of a eharge of an offence or for unfitness as provided by this Act:

Provided further, that an appointment by way of promotion to any rank of sergeant or to any grade of technical or scientific officer (other than a principal technical officer or a principal scientific officer) of the Police Force (save such an appointment against which there is no appeal under this Act)-

(i) Shall not be made unless prior to the making thereof applications were invited by notification in the Queensland Police Gazette from members of the Police Force desirous of obtaining that appointment; and

(ii) Shall be made so as to enable appeals against the appointment to be made, heard, and determined under, subject to, and in accordance with this Act before the appointment takes effect; and

(iii) Shall be deemed to be made subject to such order as the Governor in Council shall ·make upon the upholding of any appeal as aforesaid:

Appointment of members of the Police Force of the Northern Territory or other States of the Commonwealth of Australia to act as special constables for the State of Queensland. Provided, however, that nothing contained in this Act shall prevent any member of the Police Force of the Northern Territory of the Commonwealth of Australia, or any member of the Police Force of any other State of the Commonwealth of Australia, from being appointed a sergeant or constable of the Police Force of the State of Queensland if the Commissioner of Police of the Northern Territory of the Commonwealth of Australia, or the Commissioner of Police of any of the other States of the Commonwealth of Australia, so requests, and such member may be sworn in and shall thereupon be charged with the duties set forth in his oath of office, and shall be a member of the Police Force of the State of Queensland until his appointment is terminated by the Commissioner; but any such officer on being so appointed shall not be deemed to be in the employment of the Commissioner, and shall not be personally entitled to any privileges or gratuity under this Act, or to receive any salary or allowances from the Commissioner except as may be provided for by the authority in whose employment he is.

(2) (Repealed.)

(3) (Repealed.)

(4) (a) A married woman shall be eligible for appointment as a member of the Police Force if she is eligible otherwise to be so appointed.

(b) Notwithstanding any other provision of this Act a female· member of the Police Force who intends to marry may resign therefrom before the date of her marriage and the Commissioner shall permit such resignation.

10 ss. lOA, 11 POLICE ACT '1937-ol978

(c) A female member of the Police Force who intends to marry and who desires to be continued as a member after her marriage shall-

(i) notify the Commissioner in writing not later than six weeks before the proposed date of her marriage of that date; and

(ii) apply to the Commissioner in writing to be continued as a member after her marriage.

(d) Upon receipt of the notice and application, the Commissioner shall determine whether or not the female member shall be continued as a member of the PoHce Force after her marriage.

(e) The second proviso to subsection ( 1) of this section applies subject to this subsection.

As amended by Act of 1953, 2 Eliz. 2 No. 12, s. 5; Act of 1954, 3 Eliz. 2 No. 47, s. 5; Act of 1964, No. 66, s. 2; Act of 1971, No. 57, s. 3 (as from 2 Dec. 1971); Act of 1978, No. 32, s. 9.

lOA. Appointment of probatiouaries. The Commissioner may appoint persons to enter into training for appointment as members of the Police Force.

Persons appointed to enter into training for such appointment, whether appointed before or after the passing of the Police Act Amendment Act 1978 shall be subject to and shall be deemed always to' have been subject to rules made under th~s Act with respect to persons of that class. ·

J:nserted by Act of 1978, No. 32, s. 10 ..

11. (1) Rules for government and discipline of Police Force. The Governor in Council may make rules for the general government and discipline of the members of the Police Force and of persons appointed to enter into training for appointment as members of the Police Force; all such rules shall be published in the Gazette, and upon such publication shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.

Without Hmiting the power to make rules as aforesaid, suoh power shall be deemed to include power (and it is hereby declared always included power) to make all such rules as may be deemed necessary or convenient for regulating appeals under this Act and the procedure and practice of the Appeal Boards for the purpose of giving full effect to the provisions of this Act relating to appeals hereunder.

All such rules shall be laid before Parliament forthwith, if then sitting; and if not then sitting, within fourteen days after the commencement of the next ensuing session.

(2) Summary punishment for misconduct. Such rules may provide tha.t,. any member of the Police Force found upon a summary investigation by 1:he Commissioner to be unfit to continue to be a member of the Police Force or guilty of misconduct, or neglect or violation of or absence from duty, or neglect or refusal to obey a lawful order or to obey or execute.any process lawfully dkected to be obeyed or executed by him or to be guilty of any other offence against discipline, shall be liable to be punished by the Commissioner by being disanissed from the Police Force, disrated, fin~dt a sum not exceeding $4D, transferred, or reprimanded.

Any such investigation may, subject to the rules, be conducted in any way that the Minister directs.

POLICE ACT 1937-1978 5. :lZ 11

The power to make rules under subsection one of this section may be exercised from time to time and shall include power to repeal, amend, or otherwise modify any such other rules.

(3) Witnesses on such investigations. Any superintendent or inspector of police or other person appointed by the Minister to conduct any such investigation may, by writing under his hand, summon any person to attend such investigation at a time and place named in the summons, and then and there require him to give evidence on oath or affinnation (which oath or affirmation he is hereby authorised to administer) and to produce any books, documents, or writings in his custody or control which he is required by the summons to produce.

( 4) Penalty for failing to attend or produce documents. If any person served with a summons to attend an investigation fails without reasonable excuse to attend the investigation or to produce any documents, books, or writings in his custody or control which he was required by the summons to produce, he shall be liable on conviction to a penalty not exceeding $200:

Provided that it shall be a defence to a prosecution under this subsection for failing without reasonable excuse to produce any documents, books, or writings if ·the defendant proves that the documents, books, or writings were not relevant to the inquiry.

(5) Refusing to be sworn, etc., or give evidence. If any person appearing as a witness at any investigation refuses to be sworn or to make affinnation or declaration or to answer all such questions as may be legally demanded of him at any such investigation, he shall be liable on conviction to a penalty not exceeding $200:

Provided that no such person shall be compelled to answer any question tending to incriminate him.

(6) Representation at investigation. In any investigation under this section the Commissioner and the member of the Police Force in respect of whom such investigation is held may respectively be represented. by his counsel, solicitor, or agent duly appointed in writing in that behalf, who may examine witnesiles and address the person conducting the investigation.

As amended by Act of 1953, 2 Eliz. 2 No. 12, s. 6; Act of 1954, 3 Eliz. 2 No. 47, s. 6; Act of 1964, No. 66, s. 3; Act of 1970, No. 36, s. 15 (1) (as from 18 Jan. 1971); Act of 1971, No. 57, s. 8 Sch.; Act of 1978, No. 32, ss. 11, 36 Sch.

Section 11 (2) of Act of 1978, No. 32 reads as follows:-(2) To allay any doubt, it is hereby declared that every rule made with

respect to persons appointed to enter into training for appointment as members of the Police Force and every rule made in amendment or in lieu thereof or in substitution therefor or in addition thereto prior to the commencement of this Act, all such rules purporting to be made in pursuance of the Police Act 1931 as amended at the material time, are and always have been validly made under the authority of that Act as so amended.

12. Disqualifications of constables. (1) No person shall be appointed a constable of police--

(a) unless he is under the age of 40 years, is of good character, has attained the educational standard ,prescribed by the rules and his state of physical fitness is such that it complies with that prescribed by the rules;

(b) who has been convicted of a crime or misdemeanour.

12 ss. 13, 14 POLICE ACT 1937~1978

(2) A member of the Police Force shall not, without the prior approval in writing of the Commissioner, engage in any employment other than that of such a member or engage in any trade or business. ·

( 3) Notwithstanding the provisions of subsection ( 1 ) of this section, if in a special case it appears expedient in the interests of the Police Force to appoint as a constable of police a person who is of or over the age of forty years but under the age of forty five years, the Commissioner may, with the approval of the Minister, appoint such person and also if so approved, without limit of time in the first instance but no such appointment shall be made until the Commissioner has certified that in his opinion there is no person available for such appointment under the· age of forty years who is capable of performing the functions and duties which will be assigned to ·the appointee upon his appointment.

As amended by Act of 1951 (No. 2), 15 Geo. 6 No. 44, s. 5; Act of 1957, 6 Eliz. 2 No. 20, s. 2; Act of 1964, No. 66, s. 4; Act of 1970, No. 36, s. 16; Act of 1978, No. 32, s. 12.

13. Penalty on persons obtaining admission into Police Force in certain cases. Whosoever by concealing, after having been dismissed from the Police Force, the fact of such dismissal, or by any false or forged certificate, or by any false representation obtains admission into and receives pay in the said Police Force, shall on conviction be liable to imprisonment for a term not exceeding three months.

14. Oath to be taken by members of the Police Force. (1) No person appointed to be a member of the Police Force shall be capable of holding such office or of acting in any way therein until he has taken and subscribed the following oath:-

"I, A.B., swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law in the office of constable or in such other capacity as I may . be hereafter appointed, promoted, or reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved; and that I will prevent to the best of my power all offences against the same; and that while I shall continue to be a member of the Police Force of Queensland I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God."

Such oath shall be administered by a justice of the peace, and shall in all cases be subscribed by the person takiilg the same, and the oath so taken shall be forwarded to the Commissioner.

(2) To allay any doubts that may exist in relation thereto, it is declared that no appointment of a person as a member of the Police Force made before the passing of the Police Act Amendment Act 1978 shall be taken to be invalid or otherwise affected by any defect in or omission concerning the appointment as a justice of the peace of the person who administered to the appointee the oath specified in subsection (1).

As amended by Act.of 1953, 2 Eliz. 2 No. 12, s. 7; Act of 1978, No. 32, s. 13.

POLICE ACT 1937~1978 ss. 15-19 13

15. Oath equivalent to an agreement. Every person taking and subscribing such oath shall be deemed to have thereby entered into a written agreement with and shall be thereby bound to serve Her Majesty as a member of the Police Force in whatsoever capacity he may be at any time thereafter required to serve, and at the current rate of pay of any rank to which he may be appointed or reduced until legally discharged; and such agreement shall not be set aside, cancelled, or annulled for want of reciprocity, and every agreement shall be determined by the discharge, dismissal, or other removal from office of any such person, or by the acceptance of the resignation of such person by the Governor in Council or the Commissioner, as the case may be.

As amended hy Act of 1953, 2 Eliz. 2 No. 12, s. 8.

16. Repute to be evidence of appointment. If any question arises as to the right of any member of the Police Force to hold or execute his office, common reputation shall be deemed evidence of such right, and it shall not be necessary to have or produce any written appointment, or any oath, affidavit, or other document or matter whatsoever in proof of such right.

17. All powers vested in members of the Police Force to cease upon discharge. When any member of the Police Force shall be discharged or dismissed from or shall otherwise cease to hold and exercise his office, all powers and authorities vested in him as a member of the Police Force shall immediately cease.

18. One month's notice of resignation to be given. (1) No member of the Police Force shall be at liberty to resign his office or withdraw from the duties thereof unless expressly authorised so to do by the Commissioner, or unless he shall give to the Commissioner one month's notice in writing of his intention so to resign or withdraw; and any member of the Police Force who shall so resign or withdraw without such previous permission or notice shall, upon conviction for every such offence, forfeit and pay a sum not exceeding $200.

(2) In any legal proceeding a certificate purporting to be signed by the Commissioner certifying-

( a) that a member of the Police Force has resigned or withdrawn from the duties thereof;

(b) as to the effective date of such resignation or withdrawal, shall be evidence and in the absence of evidence to the contrary shaH be conclusive evidence of those matters.

As amended :by Act of 1978, No. 32, ss. 14, 36 Sch.

19. Members of Police Force to deliver over. (1) Every member of the Police Force shall forthwith upon his ceasing to be such deliver over to such person as is appointed by ·the Commissioner (either generally or in a particular case) for such purpose everything (whether animate or inanimate) that has been supplied to him for the execution of his duty as such member or that has come into his possession in his executing that duty.

Penalty: three months' imprisonment with hard labour. ( 2) If a member referred to in subsection ( 1 ) fails to deliver

over as required by that subsection, a justice of ·the peace may issue his search warrant to search for and seize to the use of Her Majesty anything specified in that subsection that has not been delivered over wherever it may be found.

Substituted by Act of 1978, No. 32. s.lS.

14 ss. 20·23A

20. Members of Police Force to attend at Snpreme Conrts and Petty Sessions and execnte warrants, etc. Every member of the Police Force shall, when required, attend at the several Supreme and Circuit Courts, and also at the Petty Sessions held at the respective places where such members are stationed, and shall obey and execute in all cases every lawful summons, warrant, execution, order, and command of the judge presiding at any such Supreme or Circuit Court, and of the justices at Petty Sessions.

The reference ,in this secHon to "Petty Sessions" must be construed to refer to a Magistrates Court constituted under the Justices Acts, the designation court of petty sessions having been so altered by The Justices Acts Amendment Act of 1%4 No. 32.

21. Members of the Police Force to execute process. Every member of the Police Force shall when required execute all process directed to him for levying the amount of any recognizance forfeited to Her Majesty, or. of any fine imposed on any juror, witness, party, or person by any court, or any other fine imposed under any Act or Imperial Act or an Act of the Commonwealth.

As amended by Act of 1953, 2 Eliz. 2 No. 12, s. 10; Act of 1978, No. 32, s. 16.

22. A member of the Police Force may act for another in such cases. Any process or warrant, order, or command of any justice directed, delivered, or given to any member of the Police Force may be executed and enforced by any other member of the Police Force or assistant, and every such lastmentioned member of the Police Force and assistant shall have the same rights, powers, and authorities for and in the execution of such process, warrant, order, or command as if the same had originally been directed to him by name.

23. Penalty on members of the Police Force for neglect of duty. Any member of the Police Force who neglects or refuses to obey or execute any process lawfully directed to be by him execut~, shall on conviction be liable to a penalty not exceeding for the first offence $40, or for the second or any subsequent offence $200.

Provided that such an offender may be prosecuted and convicted under the prov,isions of this section or, if the rules made under this Act for the general government and discipline of the members of the Police Force provide for the punishment of his offence, he may be dealt with under those rules, but he shall not be puuished both under those rules and under this section for the one offence.

As amended by Act of 1953, 2 Bliz. 2 No. 12, s. 11; Act of 1971, No. 57, s. 8 Sch.; Act of 1978, No. 32, s. 36 Sch.

23A. Penalty for unlawfully supplying docnments. (1) Any member of the Police Force or any person appointed to enter into training for appointment as a member of the Police Force, who unlawfully supplies to any person any confidential document brought into existence for the proper administration of the Police Force shall on conviction be liable to a penalty of $500.

(2) A person who commits an ofience against this section may be prosecuted and convicted under the provi&ions of this section or, if the rules made under this Act provide for the punishment of his offence, he may be dealt with under thos,e rules, but he shall not be punished both under those rules and under this section for the one offence.

Inserted by Act of 1978, No. 32, s. · 17.

POLICE ACT 1937--<1978 15

24. Punishment for police taking bribes, etc. Any member of the Police Force who-

(a) Directly or indirectly takes any bribe, pecuniary or otherwise, to forego his duty as such member; or

(b) In any manner aids, abets, assists, or connives at the escape, or any attempt or preparation to escape~ of any prisoner from any gaol or other place in which such prisoner is lawfully confined, or otherwise in lawful custody; or

(c) Deserts his post; or (d) Assaults his superior officer,

shall in addit!on to any other penalty or punishment for such offence to which he may be liable, be liable on conviction thereof on the complaint of any member of the Police Force to a penalty not exceeding $500 nor less than $40, or in the discretion of the justices before whom he is convicted to be imprisoned and kept to hard labour for any period not exceeding 4 months.

As amended by Act of 1971, No. 57, s. 8 Sch.; Act of 1978, No. 32, s. 36 Sch.

PART III-APPOINTMENT oF SPECIAL CoNSTABLES

25. Appointment of special constables. If it shall appear to the Governor in Council or to the Commissioner or any superintendent or inspector of police that any tumult, riot, crime, or breach of the peace has taken place or may reasonably be apprehended in any city, town, or place, and he is of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preservation of the peace and for the protection of the inhabitants and the security of their property or for the apprehension of offenders, then and in every such case-

(a) The Governor in Council may by Order in Council authorise any person to appoint, and such person; or

(b) The Commissioner or superintendent or inspector of police as aforesaid, as the case may be,

is hereby authorised to appoint, by precept in writing under his hand, so many as he thinks fit of the inhabitants who are not legally exempt from serving the office of constable residing in or near to such city, town, or place to act as special constables for such time and in such manner as to the person so authorised by the Governor in Council, or the Commissioner, or superintendent or inspector of police shall seem fit and necessary for the public peace, and for· the protection of the inhabitants and the security of property in or near such city, town or place.

As amended by Act of 1970, No. 36, s. 17 (1) (as from 18 Jan. 1971).

26. Fonn of oath to be taken by special constables. Every person appointed a special constable under this Act shall, before acting as such, take an oath before a justice of the peace in the following fonn, that is to say:-

"I, A.B., do swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law in the office of special constable for the [city, town, or place, as the case may be] without favour or affectiOn, malice or ill-will, and that I will to the best of my power cause the peace to be kept and preserved and prevent

16 ss. Z7·3Z POLICE Acr 19-37-1978

all offences against the persons and properties of Her Majesty's subjects; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law. So help me God":

Provided always that whenever it shall be deemed necessary to appoint such special constables as aforesaid, notice thereof shall be forthwith transmitted by the Commissioner to the Minister.

As amended by Act of 1953, 2 Eliz. 2 No. 12, s. 12.

27. Commissioner may make orders or rules for special constables. The Commissioner may, with the approval of the Minister, make such orders or rules as may from time to time be necessary and expedient for rendering any special constables appointed under this Act efficient for the preservation of the public peace.

28. Power of special constables. Every special constable appointed under this Act shall have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities as any constable duly appointed now has by virtue of the common law or of any Act or Imperial Act or Act of the Commonwealth.

29. Penalty for special constable refusing to take the oath of office. If any person residing within the city, town, or place as aforesaid being appointed a special constable as aforesaid shall refuse to take the oath hereinbefore mentioned when thereunto required by any justice of the peace, he shall on conviction thereof forfeit and pay any sum not exceeding $200.

As amended by Act of '1971, No. 57, s. 8 Soh; Act of 1978, No. 32, s. 36 Sch.

30. Penalty on special constable refusing to serve or guilty of disobedience of orders. If any person being appointed and sworn a special constable as aforesaid, and being called upon to serve, neglects or refuses to act as such special constable, or to obey such lawful orders and directions as may be given to him for the performance of the duties of his office, he shall on conviction before any stipendiary magistrate or any two justices of the peace forfeit and pay any sum not exceeding $200, unless such person shall prove to the satisfaction of the stipendiary magistrate or justices that he was prevented by sickness or some other unavoidable cause as shall in the judgment of the said stipendiary magistrate or justices be a sufficient excuse.

As amended by Act of 1971, No. 57, ss. 4, 8 Sch; Act of 1978, No. 32, s. 36 Sch.

31. Minister may direct reasonable allowances to be paid to special constables. The Minister shall

(a) Upon the recommendation of the Commissioner, order that every special constable appointed as aforesaid shall be paid for his services such salary, wages, and allowances as the Minister deems proper; and

(b) Order the payment of such expenses as have been incurred in providing arms, weapons, and other necessary articles to such persons.

32. Power to discontinue service of special constable. (1) The Commissioner may at his discretion suspend or determine the services of all or any special constables appointed under this Act.

(2) The Commissioner may remove any special constable from his office for any misconduct or neglect of duty therein.

POLICE ACT 1937-1978 ss. 33-36 17

33. Special constables to deliver up weapons, etc. ( 1) Every special constable shall forthwith on the expiration of his office, or after he has ceased to hold and exercise the same, deliver over to his successor (if any) or, if no successor has been appointed, to such person and at such time and place as may be directed by any member of the Police Force everything (whether animate or inanimate) that has been supplied to him for the execution of his duty as a member of the Police Force or that has come into his possession in his executing that duty.

(2) If any special constable neglects or refuses to comply with the provisions of this section he shall be liable to a penalty not exceeding $200.

As amended by Act of 1971, No. 57, s. 8 Sch; Act of 1978, No. 32, ss. 18, 36 Sch.

34. Punishment for assaulting or resisting special constables. Any person who assaults, obstructs, hinders or resists any special constable whilst in the execution of his office, or who attempts so to do or who promotes, incites, or encourages any other person so to do shall be liable to a penalty not exceeding $200 or to imprisonment for any term not exceeding two months with or without hard labour.

As amended by Act of 1971, No. 57, s. 8 Sch; Act of 1978, No. 32, ss. 19, 36 Sch.

PART IV-RETIREMENT

35. (Repealed.) Repealed by Act of 1968, No. 58, s. 3 (1) Sch. III (as from 7 July 1969); Heading (preceding s. 35) as amended by Act of 1970, No. 38, s. 18.

36. Age of retirement. (1) The age of retirement from the Police Force shall be-

(a) In the case of the Commissioner, sixty-five years; and (b) In the case of any and every other member of the Police

Force, sixty years, and any Commissioner shall retire from the Police Force on attaining the age of sixty-five years and, subject to subsection two of this section, any other member of the Police Force shall retire therefrom on attaining the age of sixty years.

(2) Notwithstanding that a member of the Police Force other than the Commissioner and Deputy Commissioner, has attained the age of sixty years, where the public interests render it expedient to continue the service of such member and such member is willing to continue his service, the Minister, after the prescribed investigation, may authorise such member to continue in the Police Force during the pleasure of the Crown but not beyond the age of sixty-five years.

( 3) In relation to a person continued as a member of the Police Force beyond the age of sixty years pursuant to subsection two of this section, the expression "age of retirement", wherever appearing in any provision of this Part IV of this Act other than this section, means the age of sixty years notwithstanding that such person is so continued.

Substituted by Act of 1959, 8 Eliz. 2 No. 64, s. 3; as amended by Act of 1970, No.,.36, s._19 (as from 18 Jan. 1971).; Act of 1977, No. 16, s. 9.

18 SS. 37. 37A POLICE ·ACT 1937--'1978

37. Retirement owing to bodily injury. When a member of the Police Force who has not attained the age of retirement desires to retire from the Police Force owing to bodily injury received in the execution of his duty or mental or bodily infirmity, or when it is reported to the Minister that any member of the Police Force who has not attained the age of retirement is by reason of bodily injury received in the execution of his duty or mental or bodily infirmity unfit to perform his duties, the Minister may investigate the matter, and if after an examination by two medical practitioners or the receipt of other testimony it is proved to the satisfaction of the Governor in Council or, if such member is of or below the rank of sergeant, the Commissioner that-

( a) (Repealed.) (b) The injury or infirmity is likely to be permanent; and (c) Such member is by reason of such injury or infirmity

incapable of discharging his duties; and (d) It is for the public interests that such member shall retire

from the Police Force,

the Governor in Council or, if such member is of or below the rank of sergeantr{he Commissioner with the approval of the Minister may order that such member shall retire from the Police Force.


37A. Re-appointment to the Police Force after retirement nnder s. 37. ( 1) If upon investigation by the Minister and examination by two medical practitioners or other testimony, the Governor in Council is satisfied that a person retired from membership of the Police Force under section thirty-seven of this Act (and whether so retired before, on or after the passing of The Police Acts Amendment Act of 1959) has recovered his health and is capable of duty the Governor in Council or, if such person was, when retired, of or below the rank of sergeant the Commissioner may re-appoint such person a member of the Police Force.

(2) Any person so re-appointed shall receive pay or salary at a rate not less than that payable in respect of the rank or grade in the Police Force held by him when retired.

(3) The continuity of the membership of the Police Force of any person who is re-appointed under this section a member thereof shall be deemed to be not broken by that person having been :retired from the Police Force, and accordingly the period during which the continuity of his service as a member of the Police Force was interrupted by his retirement therefrom shall be taken into account in calculating the aggregate of the service in the Police Force had by him.

( 4) If any person re-appointed under this section a member of the Police Force refuses to resume duty as such a member in accordance with such re-appointment, then upon and by virtue of such refusal, any and every right or claim of such person or of any widow or child of such person, to be paid superannuation allowance, additional superannuation allowance, pension or any other sum whatsoever from the Police Superannuation Fund established under the Police Superannuation Act 1968-1970, and either immediately or upon the happening of any future event or contingency, shall cease and determine.

Inserted hy Act of 1959, 8 ·Eliz. 2 No. 64, s. 5; as amended by Act of 1970, No. 36, s. 20.

POLICE ACT 1937-1978 ss. 38-57 19

ss. 38-52. (Repealed.) Repealed (as from 7 July 1969) by Act of 1968, No. 58, s. 3 (1) Sch. III.

PART V-POLICE FUND

53. Appropriation of penalties. All penalties imposed on any member of the Police Force under this Act, and all penalties or portions of penalties and damages awarded by any justice on any summary conviction to any member of the Police Force as the prosecutor of any information or otherwise, shall instead of being paid to him be paid to the Treasurer of the State, to be by him applied and set apart towards a Fund to be called "The Police Fund," out of which shall be paid to the members of the Force appointed under this Act, or to the widows of any such members, such rewards, bounties, or other allowances as may be directed by any rules made aforesaid.

As amended by Act of 1978, No. 32, s. 22. Heading (preceding s. 53) as amended by Act of 1978, No. 32, s. 21.

54. Report to be furnished to Minister. A full account of all dealings with the Police Fund shall be kept, and in every year not later than the thirtieth day of September a complete statement of all moneys paid into the Fund and invested during !f:he preceding year, together with a full report on the state of the Fund shall be submitted to the Minister.


55. Audit. The Auditor-General, or such officer of his staff as he may from time to time appoint, shall once at least in every year examine the books and accounts of the Fund and shall report thereon to Parliament.

56. Transfer of Fund .to Police Superannuation Fund. It shall be lawful for the Governor with the advice of the Executive Council, if it be deemed necessary or convenient, at any time to transfer and carry over any portion of such Fund to the Police Superannuation Fund.

PART VI-APPEALS

57. (1) Appeals from the Commissioner; Appeal Board. Any member of the Police Force of or below the rank of senior sergeant or of or below the grade of senior technical officer or senior scientific officer who, having been found upon a summary investigation by the Commissioner to be unfit to continue to be a member of the Police Force or guilty of misconduct, or neglect or violation of or absence from duty, or neglect or refusal to obey a lawful order or to obey or execute any process lawfully directed to be obeyed or executed by him, or to be guilty of any other offence against discipline, shall have been punished by the Commissioner by being dismissed from the Police Force, disrated, fined, transferred, or reprimanded may in such manner and within such time as may be prescribed by the rules made under this Act appeal to a Board (herein called "The Appeal Board") which shall be constituted for the purposes of such appeal.

(lA) Appeals against promotion. Save as hereinafter in this subsection provided, if an appointment is made by way of promotion to any rank of sergeant of the Police Force, then any member of the

20 s. 57 POLICE ACT 1937...,1978

Police Force (other than a member of the Technical and Scientific Branch) below the rank of senior sergeant-

(i) Who applied for that appointment, in compliance with the rules made under this Act and within the time for the receipt of applications for the appointment stated in, and otherwise in compliance with, the notification inviting applications therefor published in the Queensland Police Gazette; and

(ii) Who holds a rank next below the rank to which the appointment is made; and

(iii) Who is dissatisfied with that appointment, may in such manner and within such time as may be prescribed by the rules made under this Act appeal to a Board (herein called "The Appeal Board") which shall be constituted for the purposes of such appeal:

Provided that an appeal as aforesaid shall not lie where, consequent on the success of his appeal, an appellant is promoted.

For the purposes of subparagraph (i) of the third proviso to section ten of this Act (being that paragraph commencing with the words "Provided further, that an appointment by way of promotion to any rank of sergeant of the Police Force") as well as for the purposes of subparagraph (i) of this subsection, a notification in the Queensland Police Gazette inviting applications from members of the Police Force desirous of obtaining the appointment therein notified which further states that any appointment consequential on the making of the appointment so notified may also be made without further notification in the Queensland Police Gazette shall be deemed to be a notification inviting applications from members of the Police Force desirous of obtaining that consequential appointment.

(lB) Subject to this subsection, where an appointment is made by way of promotion to any grade of senior technical officer or senior scientific officer of the Police Force, then any member of the Technical and Scientific Branch below the grade to which the appointment is made-

(i) who applied for that appointment, in accordance with the rules made under this Act and within the time for the receipt of applications for the appointment stated in, and otherwise in compliance with, the notification inviting applications therefor published in the Queensland Police Gazette; and

(ii) who hold a grade next below the grade to which the appointment is made; and

(iii) who is dissatisfied with that appointment, may in such manner and within such time as is prescribed by the rules under this Act appeal to The Appeal Board which shall be constituted for the purposes of such appeal.

An appeal under this subsection shall not lie where, consequent on the success of his appeal, an appellant is promoted to any grade of senior technical officer or senior scientific officer of the Police Force.

The second paragraph of subsection ( lA) shall be read and construed with this subsection.

POLICE ACT 1937-1978 s. 57 21

(2) Appeal Board, how composed. (a) The Appeal Board constituted for the purposes of an appeal under this section shall consist of-

(i)-( a) if constituted for the purposes of an appeal against punish

ment, a District Court Judge appointed by the Governor in Council who shall be the chairman of the Appeal Board; or

(b) if constituted for the purposes of an appeal against promotion, a stipendiary magistrate whose name is at the material time notified as that of the stipendiary magistrate appointed by the Governor in Council pursuant to subsection (2A) who shall be the chairman of the Appeal Board;

(ii) a person appointed by the Commissioner of Police; and

(iii) the members' representative prescribed by paragraphs (c) or (d) of this subsection.

(b) The Executive of the Queensland Police Union shall furnish to the Minister in each year, on or before a date fixed by him a panel of five names in respect of each Police Region.

Subject to this subsection, each such panel shall continue until the date on or before which the next succeeding panel is to be furnished to the Minister.

Each person whose name is included in such a panel shall be a member of the Police Force of the rank of sergeant or of the grade of senior technical officer or senior scientific officer of police.

If a person whose name is included in such a panel ceases to be a member of the Police Force of the rank of sergeant or of the grade of senior technical officer or senior scientific officer of police, his name shall thereupon be deleted from the panel in question.

Thereupon, or upon the death of any person whose name is included in the panel, or the refusal of such a person to act, the Executive of the Queensland Police Union may furnish to the Minister the name of another person who is qualified as prescribed by this paragraph and such name shall be included in the panel in question.

(c) In the case of an appeal in any Police Region, the members' representative to constitute the Appeal Board shall be one of the persons whose names are at the time in question included in the panel of names furnished as prescribed in respect of that Police Region.

Such persons shall act as members of Appeal Boards as nearly as may be in rotation according to the order in which their names are listed in the panel.

If a dispute or doubt arises as to the one of such persons who is to act as the member of the Appeal Board in a particular case the Minister shall name the person to so act.

(d) At any time when there is not a panel of names furnished as prescribed, or the names of less than three persons remain on the panel, or less than three of the persons whose names are included in the panel for the time being are willing to act, the Minister may appoint a person to be the members' representative on an Appeal Board.

POLICE ACT 1937...;1978

(2A) Chairman of Board constituted for appeals against promotion. (a) The Governor in Council shall, and may from time to time, by notification published in the Gazette notify the name of a stipendiary magistrate who shall be a member of the Appeal Board constituted for the purpose of any and every appeal against promotion, and who shall be the chairman thereof.

( aa) . In making a notification pursuant to paragraph (a), the Governor in Council shall specify the term for which the stipendiary magistrate whose name has been notified is to be a member and the chairman of the Appeal Board which term shall not exceed two years.

(b) If for any reason the conduct of the business of the Appeal Board constituted for <the purpose of an appeal against promotion requires, in the opinion of the Governor in Council, that a notification under paragraph (a) be made for a specified period only, the Governor in Council may notify the name of a stipendiary magistrate to be a member of the Appeal Board and to be chairman thereof for that specified period, and the stipendiary magistrate so notified may exercise the powers conferred by this paragraph (b) notwithstanding that the name of any other stipendiary magistrate is at the material time notified pursuant to paragraph (a).

(c) The Appeal Board constituted for the purpose of an appeal against promotion shall have as its chairman the stipendiary magistrate appointed pursuant to paragraph (a) or (b).

(d) It shall be the duty of any stipendiary magistrate whose name is notified pursuant to paragraph (a) or (b) to be a member and the chairman of the Appeal Board constituted for the purpose of an appeal against promotion while his name remains so notified or, as the case may be, until the expiration of the specified period for which his name is so notified, to be a member and the chairman of the Appeal Board.

(3) Meetings. The Secretary of the Commissioner shall convene the Appeal Board, and shall keep a record of all proceedings thereof and decisions arrived at.

( 4) Board to act by majority. All powers of the Appeal Board may be exercised by a majority thereof.

(5) Unless in a particular case the Minister otherwise orders, appeals shall be heard at such place within the Region in question as the Appeal Board directs.

Where members of the Police Force are employed in remote localities, and arrangements cannot conveniently be made for their attendance in person (whether as appellants or witnesses) or they would be subjected to great expense in travelling to appear before the Appeal Board, the Appeal Board may appoint a competent person or persons to take evidence on oath in that locality concerning the matter of appeal.

Such evidence shall be forwarded to the Appeal Board for its consideration.

(6) Lodging and bearing of appeal. Every appeal shall be in writing, shall clearly and concisely set forth the grounds upon which the appeal is made, shall be despatched to the secretary of the Commissioner, and, subject to this subsection, shall be heard by the Appeal Board as early as practicable after the date when the appeal is received by the said secretary:

POLICE ACT 1937...;1978 s. 57 23

Provided that the Appeal Board may decline to hear or entertain any matter of appeal which, in their opinion, is based on trivial or frivolous grounds:

Provided further, that (in the case of appeals against promotion) the Appeal Board shall, wherever practicable, hear all appeals against one and the same appointment together.

The said secretary shall give to the appellant at least 14 clear days' notice of the date when the appeal will be heard.

An appeal shall not be heard until the expiration of 30 days ,after the last day for lodgement of an appeal.

(7) Procedure. The parties to the appeal shall be entitled to subpoena witnesses in the same manner and subject to the same penalties and conditions as witnesses may be summoned to give evidence before justices in petty sessions, and to have all witneses examined on oath or affirmation.

Representation. In any proceedings before the Appeal Board the Commissioner and the appellant may respectively be represented by his counsel, solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Appeal Board.

(8) Duty of Board. (a) The Appeal Board shall(i) Investigate every appeal;

(ii) Make its inquiry without regard to legal forms and solemnities, and shall direct itself by the best evidence it can procure, or that is laid before it, whether or not the same is such evidence as would be required or admitted before a court of law;

(iii) in the case of an appeal against punishment, receive as evidence, in order to inform itself of the punishment proper to be imposed, the Record of Conduct and Service Sheet, prescribed by the rules, of the appellant;

(iv) Transmit the evidence taken, together with its decision thereon to the Commissioner.

(b) Save those expressed to be limited in their application to a Judge of the Supreme Court, the provisions of The Commissions of Inquiry Acts, 1950 to 1954, shall apply for the purposes of every investigation of an appeal under this section.

(c) (i) Unless the Governor in Council by Order in Council otherwise directs every appeal shall be heard in a place to which the public shall have access.

(ii) If, in a particular case wherein evidence respecting service as a member of the Special Branch of the Police Force may be adduced, the Governor in Council otherwise directs, then the Appeal Board constituted to hear that appeal shall exclude from the place of hearing of that appeal every person who, in the opinion of such Board, is not directly concerned in the investigation of that appeal:

Provided that in no case shall the appointee, appellant or a party to an appeal or the solicitor or counsel or, where there is no soli~itor or counsel, the agent, duly appointed in writing, of any of such persons be excluded under the provisions of this paragraph.

24 S. SfA POLICE ACT 1937-~1978

(9) Duty of Commissioner. The Commissioner shall transmit such decision and evidence together with his report and recommendation thereon to the Minister.

(10) Powers of Governor in Council. Upon consideration of the matter the Governor in Council may acquit the appellant of the charge made or, upon being satisfied that the commission of any offence has been established, may according to the nature of the offence award such of the following punishments as the case may seem to require, whether the Commissioner has imposed or recommended them or not:-

(a) A reprimand; (b) Repealed; (c) Repealed; (d) Disrating; (e) Suspension without pay; (f) Enforced resignation; (g) Dismissal; (h) A fine not exceeding $200;

( 11) In the case of an appeal against the promotion of another officer, if the Appeal Board upholds the appeal the Governor in Council shall upon consideration of the matter make such order as appears to him to be just.

(12) In all cases where the appellant is successful and the Appeal Board considers that reasonable expenses or any part thereof should be paid to the appellant, the chairman shall certify accordingly:

Provided that in the case of an appeal against the promotion of another officer the Commissioner shall not be liable for the travelling or any other expenses of any witness summoned by or on behalf of the appellant except in cases where the appellant is successful and the chairman certifies that the evidence of such witness is necessary and material:

Provided further, that the approval of the Minister shall be obtained before payment in respect of any such expenses is made.

As amended by Act of 1953, 2 Eliz. 2 No. 12, s. 15; Act 'Of 1954, 3 Eliz. 2 No. 47, s. 7; Act of 1963, No. 41, s. 3; Act of 1964, No. 66, s. 7; Act of 1970, No. 36, s. 21; Act of 1971, No. 57, ss. 5, 8 Sch; Act of 1973, No. 71, s. 2; Act of 1978, No. 32, ss. 24, 36 Sch.

Section 24 (2) of Act of 1978, No. 32 reads as follows:-

(2) The Stipendiary magistrate who at the date of passing of this Act is a member and the chairman of the Appeal Board constituted under the Principal Act and whose name has been notified pursuant to paragraph (a) of section 57 (2A) of that Act shall cease to hold office as such member and chairman after the expiration of two years from that date.

57A. Appeals by certain commissioned officers. (1) Any Assistant Commissioner, superintendent (including the Chief Superintendent), inspector, principal technical officer or principal scientific officer of the Police Force dismissed, disrated or forced to retire therefrom by the Governor in Council by way of punishment may appeal to a Board (herein called "The Appeal Board") which shall be constituted for the purposes of such appeal.

POLICE ACT 1937-1978 SS. 58-59A 25

(2) The Appeal Board shall consist of three persons, namely:(a) A District Court Judge who shall be appointed by the

Governor in Council, either generally or in the particular case, and who shall be the chairman of the Appeal Board;

(b) A person appointed in the particular case by the Commissioner;

(c) A person nominated in the particular case by the Executive of the Queensland Police Officers' Union, who shall be a member of the Police Force who is a member of that union.

(3) An appeal under this section shall be deemed an appeal against a decision of the Commissioner and the Commissioner shall be a party thereto accordingly.

( 4) Subject to this section the provisions applicable with respect to appeals against punishments of subsections three, four, five, six, seven, eight, nine and twelve of section fifty-seven of this Act, and of the rules under this Act, shall apply to appeals under this section.

(5) The Board may by their decision recommend that the punishment appealed against be confirmed or revoked.

The final determination shall rest with the Governor in Council. Inserted by Act of 1960, 9 Eliz. 2 No. 17, s. 2; as amended by Act of 1964,

No. 66, s. 8; Act of 1970, No. 36, s. 22 (1) (as from 18 Jan. 1971); Act of 1978, No. 32, s. 25.

58. No appeal from Appeal Board or Governor in Council. Notwithstanding anything contained in any other Act, no appeal from a decision of The Appeal Board or, save as prescribed by this Act, of the Governor in Council or the Commissioner with respect to any member of the Police Force shall lie or be permitted to any industrial court or industrial tribunal or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof.


PART VII-GENERAL

59. Assaults on police. Any person who assaults, resists, obstructs, hinders or aids or incites any other person to assault, resist, obstruct or hinder any member of the Police Force in the execution of his duty or attempts so to do shall be liable to a penalty not exceeding $200, or to imprisonment for a term not exceeding six months, or to both that penalty and imprisonment.

As amended by Act of 1953, 2 Eliz. 2. No. 12, s. 16; Act of 1971, No. 57, s. 8 Sch; Act of 1978, No. 32, s. 26.

59A. Assistance to police. Any person who, having reasonable notice that he is required to assist a member of the Police Force in arresting any person for an offence against any section specified in section 64 ( 1), without reasonable excuse omits to do so shall be guilty of an offence against this Act.

Penalty: $200 or imprisonment for two months, or both such fine and imprisonment.


26 ss. 60-Q POLICE ACT 1937-11978

60. Penalty on persons harbouring police during hours of duty. Any person who knowingly harbours or entertains any member of the Police Force, or permits any member of the Police Force to abide or remain in his house, shop, room, or other place during any part of the time appointed for such member being on duty elsewhere, shall be guilty of an offence and liable, except as is hereinafter provided, to a penalty not exceeding $200:

Provided that where any person who offends against this section is a licensee within the meaning of The Liquor Acts, 1912 to 1935, such person shall in lieu of offending against this section be deemed to be guilty of an offence against section eighty-two of The Liquor Acts, 1912 to 1935, and shall be liable accordingly, and to the further intent that nothing in this section shall prejudice or affect such lastmentioned Acts.

As amended by Act of 1971, No. 57, s. 8 Sch.; Act of 1978, No. 32, s. 36 Sch.

60A. Corrupting member of the Police Force. Any person who corruptly gives, confers or procures, or attempts to give, confer or procure, or promises or offers to give, confer or procure to, upon or for any member of the Police Force any property or benefit of any kind for himself or any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by that member of the Police Force with a view to corrupt or improper interference with the due execution by that member of the Police Force of his duty as such member, or the procurement or facilitation of any offence, or the protection of any offender or intending offender from detection or punishment shall be guilty of an offence against this Act and liable to a penalty not exceeding $2000 or to imprisonment for a term not exceeding six months, or to both that penalty and imprisonment.

Where an offence under this section is also an offence under The Criminal Code the offender may be prosecuted either under this section or under The Criminal Code but so that he shall not be twice punished for that offence.

Inserted by Act of 1953, 2 Eliz. 2 No. 12, s. 17; as amended by Act of 1971, No. 57, s. 8 Sch.; Act of 1978, No. 32, s. 36 Sch.

61. ( 1) Exemption from tolls. Every member of the Police Force on actual duty as such, and all prisoners under their charge, and all motor vehicles, carriages, and horses exclusively employed in carrying or conveying such members of the Police Force or their prisoners or baggage or returning therefrom shall be exempt from payment of any tolls or dues in passing any toll-gate, turnpike, road, bridge, or ferry, any Act or law to the contrary notwithstanding.

(2) Penalty for demanding same. Any toll-collector who demands or receives any duty or toll contrary to this Act shall be liable to a penalty not exceeding $200 or to imprisonment for any period not exceeding two months.

As amended by Act of 1971, No. 57, s. 8 Sch; Act of 1978, No. 32, s. 36 Sch.

62. Penalty for unlawful possession of accoutrements or wearing uniform, etc. (1) Any person who, not being a member of the Police Force-

(a) Has in his possession any confidential document brought into existence for ·the proper administration of the Police Force or any other thing (whether animate or inanimate) appropriated to the use of the Police Force, and does not satisfactorily account for such possession; or

POLICE ACT 1937-1978 s. 63 27

(b) Without the permission of the Commissioner and otherwise than in the course of a stage play, a music hall or circus performance, or a ball, wears the uniform, or any colourable imitation of the uniform, of a member of the Police Force; or

(c) Assumes the name, designation, or description of a member of the Police Force or of any class of such members; or

(d) For the purposes of or in connection with any business, occupation, or employment-

(i) Assumes or uses the designation of detective or private detective, or any other designation which includes the word "detective," or the name, designation, rank, or description of any member of the Police Force or of any class of such members, or

(ii) Uses the designation, rank, or description which he previously held in the Police Force,

shall be guilty of an offence and be liable to a penalty not exceeding $200 or to imprisonment for any period not exceeding two months.

For the purpose of subparagraphs (b), (c) and (d) of the preceding paragraph the term member of the Police Force includes a member of the Police Force of any other State or Territory of the Commonwealth, or of any other country.

(2) The allegation in a complaint for an offence against this section that any person was not at any time or date mentioned in the complaint a member of the Police Force shall be evidence of the matter alleged and in the absence of evidence in rebuttal thereof shall be conclusive evidence of that matter.

As amended by Act of 1962, 1,1 EHz. 2 No. 22, s. 7; Act of 1971, No. 57, s. 8 Sch.; Act of 1978, No. 32, ss. 28, 36 Sch.

63. Officers superannuated, etc., to assist in keeping the peace, etc. Any person to whom any allowance, compensation, remuneration, or superannuation has been granted under the provisions of this Act or the repealed Acts who-

(a) (Repealed.)

(b) Is convicted of any crime, misdemeanour, or other disgraceful conduct; or

(c) Commits any fraud with respect to the claiming, obtaining, or receiving such allowance, compensation, remuneration, or superannuation, OT ·conceals his enjoyment of the same for the purpose of evading the provisions of this Act; or

(d) Assumes a false name, or makes a false statement as to his place of residence for the same or any other fraudulent purpose; or

(e) (Repealed.),

shall be liable, in addition to any other punishment to which he may by law be liable, at the pleasure of the Governor in Council to forfeit the whole or any part of such allowance, compensation, remuneration, or superannuation.


28 ss. 64-67 POLICE ACT 1937-1978

64. Where offender may be arrested and finger printed. (1) Subject to this Act, any person who commits an offence against any of the following provisions of this Act, that is to say, against sections 34, 59, or 62 (a), (b), and (c), may be arrested, anything contained in The Justices Acts, 1886 to 1932, or any other Act to the contrary notwithstanding:

Provided that this section shall not limit or be deemed to limit the power and authority to proceed against an offender by way of complaint and summons under The Justices Acts, 1886 to 1932.

( 2) Where a person has been arrested for an offence against any section specified in subsection ( 1), the officer in charge of police at the police station to which he is taken after arrest or where he is in custody, as the case may be, may take or cause to be taken all such particulars as he thinks necessary for the identification of that person, including his photograph, finger prints, foot prints and palm prints.

If that person is found not guilty or is not proceeded against, any photograph, finger print, foot print or palm print taken in pursuance of this subsection shall forthwith be destroyed.


65. Warrant and arrest of person offending against Act. Upon complaint on oath made before any justice of the peace by any person that he believes on reasonable grounds that an offence against this Act has been committed, such justice may by warrant under his hand directed to any member of the Police Force order the alleged offender to be arrested and brought as soon as practicable before a court to be dealt with according to law.

66. (Repealed.) Repealed (as from 1 July 1975) by Act of 1974, No. 75, s. 4 Sch.

67. Disposal of unclaimed and perishable property. (1) Subject to this section, anything (whether animate or inanimate) that lawfully comes i.nto the possession of any member of the Police Force and that is unclaimed within four months shall, at the direction of the Commissioner, ~ sold and disposed of by public auction and the proceeds of such sale shall, unless claimed within twelve months after the sale, be applied to the Police Fund.

(2) A sale of anything pursuant to subsection (1) shall be valid against all persons, and the person selling any such thing shall not be Hable to pay any auction or other duty in respect of the sale.

( 3) Before anything is sold pursuant to subsection (1), notice of the sale shall be published three several times in a newspaper circulating in the district in which the sale is to be held.

(4) Where anything specified in subsection (1) is a motor vehicle and the inspector for the time being assigned to the Police District in question considers that it has a value of less than $200, or in respect of any other thing specified in that subsection that it has a value of less than $20 that vehicle or that other thing may be disposed of in such manner as the Commissioner directs.

( 5) Where the inspector for the time being assigned to the Police District in question considers that anything specified in subsection ( 1 ) is of a perishable nature or is unsaleable or, if it consists of food, he may in his absolute discretion direct that it be delivered to the officer in charge of a benevolent institution for the benefit of its inmates.

POLICE ACT 1937-1978 ss. 68, 69 29

If there is no benevolent institution in the place in question any such thing may be disposed of to any charitable purpose.

( 6) Where the inspector for the time being assigned to the Police District in question considers that anything specified in subsection ( 1 ) is so perished, contaminated, deteriorated, dilapidated, worn, in disrepair, or otherwise in such state or condition as to be dangerous or unfit for use for the purpose it was intended to be used or for any other purpose for which it is capable of being used, he may, in his absolute discretion direct· that it be destroyed.


68. Commissioner deemed to be owner. (1) For the purpose of legal proceedings-

(a) every Police establishment; and (b) anything (whether animate or inanimate) appropriated to

the use of members of the Police Force at a Police establishment, or used by a member of the Police Force for the time being attached to, in residence in or present at a Police establishment, not being the private property of a member of the Police Force,

shall be deemed to be the property of the person who for the time being is the Commissioner.

( 2) An action or suit shall not abate or be determined by the death, resignation or removal of the Commissioner but may proceed in the name of his successor.

( 3 ) In all legal proceedings a certificate purporting to be signed by the Commissioner certifying that any building, paddock, yard or reserve is a Police establishment or certifying· in respect to anything (whether animate or inanimate) that-

(a) it is not the private property of a member of the Police Force;

(b) it is appropriated to the use of members of the Police Force at a Police establishment; or

(c) it is used by a member of the Police Force for the time being attached to, in residence in or present at a Police establishment,

shall be evidence and in the absence of evidenc·e to the contrary shall be conclusive evidence of those matters.


69. Protection of members of the Police Force. (1) Where an action is brought against any member of the Police Force for any act done in obedience to the warrant or order of a magistrate or justice, such member shall not be responsible for any irregularity in the issuing of the warrant or order or for want of jurisdiction in the magistrate or justice issuing the same; and upon producing such warrant or order, and on proof that the signature thereto is in the handwriting of the person whose name appears subscrib~d thereto, and that such person is reputed to be and acts as a magistrate or justice possessing jurisdiction in the case, and that the acts oomplained of were done in obedience to such warrant, the tribunal trying the said issue shall find a verdict for such member and such member shall recover his costs of suit.

30 SS, 69A, 69B POLICE ACT 1937-41978

(2) It shall be lawful for a member of the Police Force to publish fair comment respecting the conduct of another member of the Police Force in the exercise of that other member's duties as a member of the Police Force, or respecting the character of that other member, so far as his character appears in that conduct.


69A. Indemnity to Minister. The Minister is not liable for anything done by him for the purposes of this Act or done by him in good faith and purporting to be for the purposes of this Act.


69B. Liability for torts of the Police Force. ( 1) Subject to subsection { 3), the Crown is liable in respect of a tort committed by a member of the Police Force in the performance or purported performance of his duties as such a member in like manner as a master is liable in respect of a tort committed by his servant in the course of his employment, and shall, in respect of such a tort, be treated for all purposes as a joint tortfeasor with the member.

(2) In proceedings by way of a claim by the Crown for damages in respect of a tort, acts done by a member of the Police Force in the performance, or purported performance, of his duties as such a mem'ber may be relied on as constituting contributory negligence by the Crown if the acts could have been so relied on if they had been done by an employee of the Crown in the course of his employment.

( 3) The liability of the Crown under subsection ( 1) in respect of a tort committed by a member of the Police Force does not extend to a liability to pay damages in the nature of punitive damages in respect of the tort.

( 4) Where damages or costs, other than damages in the nature of punitive damages, are awarded against a member of the Police Force in proceedings with respect to a tort committed by that member in the performance, or purported performance, of his duties as such a member, the Crown may pay the whole or a part of the damages or costs awarded against that member and of any costs incurred, and not recovered, by him in the proceedings.

( 5) Where a sum is liable to be paid by a member of the Police Force under a settlement agreed to by him of a claim that has, or might have, given rise to proceedings of the kind referred to in subsection ( 4), the Crown may pay the whole or a part of that sum.

( 6) Where the Crown-( a) pays moneys by way of damages or costs in respect of a

tort committed by a member of the Police Force, being moneys that the Crown is liable to pay by virtue of subsection ( 1) or pays in accordance with subsection ( 4); or

(b) pays a sum in accordance with subsection (5), the Crown may recover, in a court of competent jurisdiction, contribution from the member in respect of the payment.

(7) In proceedings for contribution under subsection (6), the amount of the contribution recoverable is ·such amount as is found by the court to be just and equitable in all the circumstances.

POLICE ACT 1937-1978 ss. 70-75 31

(8) For the purpose of this section, any act done, or purported to have been done, by a member of the Police Force in the capacity of a constable shall be deemed to have been done in the performance, or purported performance, as the case may be, of his duties as such a member.


70. Existing laws affecting constables saved. Nothing in this Act contained shall be deemed to diminish the duties or restrict or affect the liabilities of members of the Police Force at common law or under arty Act now in force or hereafter to be pas,sed.

71. Proceedings. All proceedings for offences under this Act shall be taken and all penalties recoveJ:ed in a summary way under The Justices Acts, 1886 to 1932.

Proceedings for offences against this Act may be instituted within one year after the offence is committed or within six months after the discovery of the offence by tl}e complainant, whichever is the later period.

Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act.

As amended by Act of 1953, 2 Eliz. 2 No. 12, s. 19.

71A. Member may appear in Court by another member. In any proceedings in a Magistrates Court, any member of the Police Force who is to appear in the execution of his duty other than as a witness, may appear by any other member of the Police Force.


72. Appropriation of penalties. Save as is otherwise provided by this Act, all penalties and forfeitures imposed by this Act shall when recovered be paid and applied as follows:-that is to say, one moiety into the Consolidated Revenue Fund, and the other moiety into the Police Reward Fund.

73. Saving of right to dismiss, etc. Save as is herein otherwise expressly provided, nothing in this Act contained shall be taken to prevent any member of the Police Force from being discharged, dismissed, m otherwise removed from office in the same manner in all respects as if this Act had not been passed.

74. ( 1) Regulations. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.

( 2) May be made on passing of Act. Regulations may be made on the passing of this Act.

(3) May fix penalty. The regulations may fix a penalty not exceeding in any case $200 for any breach thereof.

As amended by Act of 1971, No. 57, s. 8 Sch.; Act of 1978, No. 32, s. 36 Soh.

75. Orders in Council and regulations to form part of this Act. All Orders in Council and regulations made or purporting to have been made under this Act shall be published in the Gazette, and thereupon

32 s. 75, sm. POLICE Act 1937-4978

shall be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.

The publication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Council or regulation.

All Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; and if not, then Within fourteen days after the commencement of the next session.

If Parliament passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen sittings days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.

For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business.

SCHEDULE [For repeal of the Acts referred to in this Schedule, see s. 3, ante]

Year and Number of Act Title of Act Extent of Repeal

2 Vic. No. 2 11 Vic. No. 44

19 Vic. No. 24

27 Vic. No. 11 45 Vic. No. 12

49 Vic. No. 2

55 Vic. No. 32

2 Geo. 5 No. 13

3 Geo. 5 No. 32

12 Goo. 5 No. 4

15 Geo. 5 No. 8

19 Geo. 5 No. 15

4 Vic. No. 17 7 Vic. No. 21

17 Vic. No. 36 19 Vic. No. 8 1 Edw. 8 No.6

.. The Police Act of 1838 . . . . \\!'hole Act

.. The Police Act Amendment Act of \\!'hole Act 1848

.. The Police Act of 1855 .. The remainder of that Act not repealed by the Schedule to The Vagrants, Gaming, and Other Offences Act of 1931

.. The Police Act of 1863 .. Whole Act

.. The Police Jurisdiction Extension Act Whole Act of 1881

. . The Police Officers' Relief Act of Whole Act 1885

.. The Police Act of 1863 Amendment Whole Act Act of 1891

.. The Police Acts Amendment Act of Whole Act 1911





.. The Water Police Act of 1840 .. Whole Act

.. The Water Police Act of 1843 .. Whole Act .. The Watea- Police Act of 1853 .. Whole Act . . The Water Police Act of 1855 . . Whole Act

tory Act of 1936 .. The Police Superannuation Declara-~Whole Act

POLICE ACTS AMENDMENT ACT 1953 2 Eliz. 2 No. 12

An Act to Amend The Police Acts, 1937 to 1951, in certain particulars

[Assented to 26 November 1953] 1. Short title and construction. This Act may be cited as The Police

Acts Amendment Act of 1953, and shall be read as one with The Police Acts, 1937 to 1951, herein referred to as the Principal Act.

Collective title. The Principal Act and this Act may collectively be cited as The Police Acts, 1937 to 1953.

2.-19. Amended Principal Act.

20. Savings. otherwise affect-

The provisions of this Act shall not prejudice or

(i) Any appointments made before and subsisting at the passing of this Act of inspectors and sub-inspectors of the Police Force of Queensland nor the assignment of any such inspector or sub-inspector to any Police District, or to the Criminal Investigation Branch of the Police Force, or to the establishment known as the Police Depot, or to the office establishment of the Commissioner of Police (it being hereby declared that all inspectors and sub-inspectors always could be so assigned) ;

(ii) Any appointments made before and subsisting at the passing of this Act of sergeants and constables of police of the different grades;

(iii) Any powers, privileges, or advantages given or any duties or responsibilities imposed (otherwise than by the Principal Act and whether before, on, or after the passing of this Act) to or upon all or any members of the Police Force of Queensland by any lawful authority or the common law or by or pursuant to any Statute, Proclamation, Order in Council, rule, regulation, by-law, or other statutory instrument;

( iv) Any rules made under the Principal Act before and subsisting at the passing of this Act (it being hereby declared that power to make rules under the Principal Act always could be exercised from time to time and always included power to repeal, amend, or otherwise modify any other such rules).

Subject as determined by the Governor in Council, the Commissioner in office at the passing of this Act shall continue to be paid salary at the rate payable to him at the passing of this Act.

Where before the passing of this Act the Commissioner shall have done or taken with respect to any member of the Police Force any thing or step which he is authorised by the Principal Act, as amended by this Act, to do or take, then that thing or step shall be and deemed to have always been as valid and lawful as if this Act had been in force when it was done or taken.

POLICE ACTS AMENDMENT ACT of 1962 11 Eliz. 2 No. 22

An Act to Amend The Police Acts, 1937 to 1960, in certain particulars

[Assented to 3 April 1962]

1. (1) Short title. This Act may be cited as The Police Acts Amendment Act of 1962.

(2) Principal Act. The Police Acts, 1937 to 1960, are in this Act referred to as the Principal Act.

( 3) Collective title. The Principal Act and this Act may be collectively cited as The Police Acts, 1937 to 1962.

2.-7. Amended Principal Act.

8. Retrospectivity. Sections two to five (both inclusive) and section nine of this Act shall be deemed to have come into operation on the first day of July, one thousand nine hundred and sixty-one, and to the extent necessary to give effect to this section this Act shall operate retrospectively.

9. (Repealed.) Repealed (as from 7 July 1969) by Police Superannuation Act 1968, No. 58, s. 3

(1) Sch. m.

POLICE ACT AMENDMENT ACT 1972 No. 20

An Act to Declare as to the Commencement of Certain Provisions of the Police Act Amendment Act 1971 and for Related Purposes.

[ASSENTED to 19 DECEMBER, 1972]

1. Short title and citation. ( 1 ) This Act may be cited as the Police Act Amendment Act 1972.

(2) The Police Act Amendment Act 1971 is in this Act referred to as the Principal Act.

2. Commencement of ss. 3 and 7 of Principal Act. Notwithstanding anything contained in section 2 of the Principal Act, the provisions of sections 3 and 7 of that Act shall be deemed to have come into operation on the second day of December 1971.

3. Preservation of acts done. It is hereby declared-( a) that an appointment or a continuance of a married woman as

a member of the Police Force of the State of Queensland is and always has been on and since the second day of December 1971lawful;

(b) that the lawfulness and effect of the making of contributions to the Police Superannuation Fund by a member of the Police Force of the State of Queensland on and since the second day of December 1971 are not affected by the fact that the member was at the time a married woman.

POLICE REGULA'TIONS 1978 [Published Gazette 16 September 1978, p. 1S7]

Department of Police, Brisbane, 14th September, 1978.

HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Police Act 1937-1978, has been pleased to make the following amendments to Regulations.

R. E. CAMM.

REGULATIONS

RE-APPOINTMENT OF MEMBER OF THE POLICE FORCE

1. These Regulations may be cited as the Police Regulations 1978.

2. Where either before or after the making of these Regulations a member of the Police Force has been appointed to an office in the Public Service or elected a member of the Queensland Legislative Assembly and has resigned or withdrawn from the duties of his office with the consent of the Commissioner, the Governor in Council may on his application re-appoint such person to the Police Force (at a rank and with a pay not being less than that held and received by him at the date of his appointment as aforesaid).

Upon re-appointment as aforesaid, the member shall in respect of the period during which by reason of his appointment to an office in the Public Service or election as a member of the Queensland Legislative Assembly as aforesaid he did not perform any police duties be deemed to have remained in the Police Force for the purpose of calculating length of service in relation to leave and for the purpose of any other rights and privileges, except superannuation.

The Police Regulations 1974, published in the Gazette of 27th July, 1974, as amended from time to time are deleted.

INDEX

Police Act 1937-1978

Accounts-of Police Fund

Act-short title commencement parts of • . . • . . repeal of certain . . • . this Act, meaning of term

Appeal-from decision of Commissioner

grounds of •• right of • . . . against promotion . . . . constitution of Appeal Board chairman . . . . meeting of Appeal Board majority decision on venue *. . . lodging and hearing of procedure upon

A

appearance upon • . . . • . Commissioner to receive decision on ~ . . . . . " Commissions of Inquiry Acts, 1950 to 1954, application to investigation by Appeal Board . . . . • • persons, exclusion of in appeal re Special Branch public, access by to • . • . . • . . duty of Commissioner respecting . . . • powers of Governor in Council respecting against promotion, powers of Governor in· Councii

respecting costs of .. . . .. .. . . certain commissioned officers to have right of when decisions final • . • . right of appeal from decision upon

Appeal Board. See Appeal.

Assistant Commissioner-appointment of . . . . salary of . . . • . . disqualification from office of authority of

Arrest-meaning of term .• when offender liable to warrant for

Assault-upon special constable, penalty for on member of the Police Force

Auditor-General-audit of Police Fund by ••

B Board. See Police Superannuation Board. See also Appeal.

Chairman of Appeal Board

Chief Superintendentdesignation of

Commencement of Act

c

s. 54

1 1 2 3 4

57 (1) 57 (l) 57 (lA) 57 (2) 57 (2) 57 (3) 57 (4) 57 (5) 57 ~6) 57 7) 57 7) 57 (8)

57 (8) 57 (8) 57 (8) 57 (9) 57 (10) 57 (11)

57 (12) 57 A (1) 58 .. 58

7 (1) 7 (2) 7 (3) 7 (4)

4 64 (1) 65

34 59

55

57 (2)

8 (2)

:: l ..

::I

•• 1

Page

19

2 2 2 2 3

19 19 19 21 21 22 22 22 22 23 23 23

23 23 23 24 24 24

24 24 25 25

5 5 5 5

3 28 28

17 25

19

21

7

2

38 Index

Commissioner-right of appeal from decision of. See Appeal. power to conduct investigation into conduct of member. See

Investigation. appointment of .. duration of office of salary of . . . . . . disqualification from office of . . . • . . • . • . appointment of new, while Commissioner or Deputy Com-

missioner absent on leave prior to retirement appointment of sergeants and constables by .. discharge of members of Police Force by • . • . • • discharge of probationary members of Police Force by .. certain persons appointed as members not deemed employed

by appointment of probationaries by •. summary investigation under rules by .. appointment of special constables by . . . . . . to notify Minister of appointment of special constables orders or rules for special constables by may determine office of special constables power to dismiss special constable .. order retirement through bodily injury, by may re-appoint member retired under s. 37 .• decision of Appeal Board to be transmitted to power to dispose of unclaimed goods . . . . may order destruction of perished, etc., goods deemed to be owner . . . . • • . • legal actions related to .. certification of ownership by

Commissions oflnquiry Actsapplication to appeals

Constable of Police-power of Commissioner

to appoint to dismiss . . . .

probationary appointment of permanent appointment of . . . . . . of another State appointment under Act, status of qualifications for appointment to appointment in special case of .. obtaining office of, by fraud oath of office of .. valid appointment to .. effect of oath of office of proof of office of . . . . effect of cesser of office of

Corrupting member of Police Force, penalty for

Counsel-right to be heard upon summary investigation appearance before Appeal Board of ..

Deliver over-members of Police Force to penalty for failing to special constable to

Deputy Commissionerappointment of .. salary of . . . . . . disqualification from office of functions and duties of . . . . . . appointment to Acting Commissioner of

Disqualification-in respect of Commissioner .. in respect of Deputy Commissioner in respect of Assistant Commissioner in respect of Constable of Police

District. See Police District.

D

District Court Judge to be Chairman of Appeal BoardPunishment

s. 6 (I) 6 (2) 6 (2A) 6 (4) 7c

10 (I) 10 (1) 10 (1) 10 (1)

lOA 11 (2) 25 26 27 32 (1) 32 (2) 37 37A 57 (8) 67 (1) 67 (3) 68 (1) 68 (2) 68 (3)

57 (8)

10 (1) 10 (1) 10 (I) 10 (1) 10 (1) 12 (1) 12 (3) l3 14 (1) 14 (2) 15 16 17

60A

11 (6) 57 (7)

19 (1) 19 (2) 33 (I)

6A (1) 6A (2) 6A (3) 6A(4) 7A (1)

6 (4) 6A (3)

7 (3) 12 (I)

57 (2) .. \

Page

4 4 4 4 6

8 8 8 8

10 10 15 15 16 16 16 18 18 23 28 28 29 29 29

23

8 8 8 8 8

11 12 12 12 12 l3 l3 l3

26

ll 23

l3 13 17

5 5 5 5 5

4 5 5

11

21

Index

F Female members of Police Force-

eligibility of • • . . . . • • resignation on account of marriage of

Fine. See Penalty.

Finger-prints-when offender liable to

Force. See Police Force.

Fund. See Superannuation Fund. See also Police Fund.

Governor in Council-to proclaim commencement of Act power to constitute Police Region

G

power to constitute Police District . . • • power to appoint Cnmmissioner of Police .• determination of salary of Commissioner by . . . . power to appoint Deputy Commissioner of Police by .. determination of salary of Deputy Cnmmissioner of Police by

~~;:;~~~a~FJ';i~~~:f~~I!:t ~o'A'::r:~•r :.s~=i~~i~~er or Police by

power to appoint Acting Cnmmissioner by . . • . power to appoint new Commissioner in special cases power to appoint Superintendents, Inspectors, etc., by limit oflnspector's authority by . . • . • . power to make rules for government of Police Force appointment of special constable by •. may re-appoint member retired under s. 37 transfer of moneys from Police Fund by • • • • . . notification of Stipendiary Magistrate for hearing of appeals

by powers in relation to appeals

punishments •. promotions ..

no further appeal general power to

Inspector-

· decisi~;,_ of regulations

I

conduct of investigation by. See Investigation. appointment of • . . . assignment of duties of • • .. . . . . appointment of special constables by

Interpretation. See Meaning of Terms.

Investigation-summary provision as to, under rules .. conduct of witnesses upon .. .. .. .. .. witnesses failing to attend, etc. . . . • • • witnesses refusing to give evidencet etc .. upon appearances upon

M Meaning of terms-

age of retirement for purposes of Part IV arrest . • • • .. member of the Police Force Minister .• pay and salary .. police establishment police force police region this Act

s. 10 (4) 10 (4)

64 (2)

1 4A 5 6 ~l) .. 6 2A) 6A (!) 6A(2) 7 (l) 7 (2)

7A (2), (3) 7c (1) 8 (1) 8 (5), (6)

lJ (1) 25 37A 56 57 (2A) •

57 (10) 57 (11) 58 74

8 3) 8~1) 8 1), (4)

25

11 (2) l1 (2) 11 (3) 11 (4) 11 (5) 11 (6)

36 (3) 4 4 4 4 4 4 4 4

Page

39

9 9

28

2 3 4 4 4 5 5 5 5

5, 6 6 7

7, 8 10 15 18 19 22

24 24 25 31

7 7 7

15

10 10 11 11 11 11

17 3 3 3 3 3 3 3 3

40 Index

Member of the Police Force-appointment as, dismissal, etc. See Inspector, Sergeant,

Constable. summary investigation into conduct of. See Investigations. meaning of term .. female-

resignation on account of marriage eligibility of, as

disqualification from-appointment as holding office as . . . . . . . . . . . .

may engage in employment with prior approval in writing of Commissioner

obtaining office of, by fraud oath of office of . . . . oath equivalent to agreement proof of appointment of effect of cesser of office of to give notice of resignation deliver over by . . . . execution of warrants, etc., by execution of court process by . . . . . . . . . . may act for another member in execution of warrants, etc .. . guilty of neglect of duty, penalty . . . . guilty of unlawfully supplying documents, penalty guilty of taking bribes, etc., penalty right of appeal. See Appeal. retiring age . . . . . . . . . . services of may be continued beyond age limit retirement owing to disability . . . . . . re-appointment of, after retirement under s. 37 penalty for-

assaulting .. harbouring .. corrupting ..

exemption from tolls .. offence to impersonate, etc. averment that person not a . . . . when liable to forfeit superannuation rights indemnity to . . . . liability for torts committed by duties under existing law .. may appear in court for another saving of right to dismiss

Minister-meaning of term . . . . . . . . . . . . . . appointment to conduct summary investigation under rules by to be advised of appointment of special constables .. may direct payment of allowance to special constables annual report upon Police Fund to . . . • decision of Appeal Board to be transmitted to

N

Neglect of duty by member of the Police Force, penalty for

Notice under repealed Act, saving ..

Oath-of office of member of Police Force

form of . . . . appointment, not invalidated effect of . . . . equivalent to an agreement

of office of special constableform of . . . . . . penalty for refusal to take ..

Offences, generally

Office-under repealed Act, saving of Commissioner of Police

duration of .. salary of . . • • disqualifications from

present incumbent to hold . • . . under Act, limitation of appointment to

Order in Council-

0

constitution of police district by . • . • • • appointment of special constables may be authorised by effect of publication in Gazette of . . . . . . to be laid before Parliament

s. 4

10 (4) (b) 10 (4) (a)

12 (1) 12 (2) 12 (2)

13 14 (1) 15 16 17 18 19 (1) 20 21 22 23 23A 24

36 36 (2) 37 37A

59 60 60A 61 (I) 62 (1) 62 (2) 63 69 69B 70 71A 73

4 11 (3) 26 31 54 57 (9)

23

3

14 (1) 14 (2) 15 15

26 29

71

6 (2) 6 (2A) 6 (4) 7A 9

5 25 75 75

Page

9 9

11 12 12

12 12 13 13 13 13 13 14 14 14 14 14 15

17 17 18 18

25 26 26 26 26 27 27 29 30 31 31 31

3 12 15 16 19 24

14

2

12 12 13 13

15 16

31

2

4 4 4 5 8

4 15 31 31

Parliament-rules to be laid before .. report upon Police Fund to . . . . Orders in Council, etc., to be laid before

Parts of Act

Pay. See Pay and Salary.

Pay and Salary-meaning of term . . . . of Deputy Commissioner,

provision re . . . . of Assistant Commissioners,

provision re . . . . . . of Superintendents, provision re of Special Constables, provision re

Penalty-recoverable under repealed Act, saving in respect of summary investigation

witness-failing to attend investigation ..

Index

p

refusing to testify upon investigation •. for obtaining office in Police Force by fraud •• liability of member of Police Force for

failing to give notice of resignation upon member of tbe Police Force for

failing to deliver over neglect of duty . . . . unlawfully supplying documents taking bribes • . . • assisting prisoner to escape deserting post • . . . assaulting superior officer ..

special constable liable to-for refusing oath of office • . . • neglecting duty or disobeying orders failing to deliver over . . . .

for assaulting or resisting special constable when payable to Police Fund .. in respect of appeal assault on police . . . . . . • . harbouring police during hours of duty .. demanding toll from member of the Police Force impersonating, etc., member of tbe Police Force for committing a tort .. proceedings for recovery of appropriation of ..

Petty Sessions, Court of, execution of warrants, etc., of

Police District-constitution of meaning of term saving of existing . . . . . . . . assignment of Superintendents, Inspectors, etc., to

Police Force--member of the. See Member of the Police Force. meaning of term .. rules for . • . . oath to be taken by to execute process .. penalty for neglect of duty by assaults on

Police Fund-appropriation of penalties to payments out of . . . • • . annual report to Minister upon audit of • . . . . . • . • . transfers to Superannuation Fund from

Police Regionconstitution of meaning of term

Police Superannuation Fund. See Superannuation Fund

Principal Technical Officers, Principal Scientific Officers-appointment of . . • • • . • • . . . . assignment of .. subject to directions

Probationariesappointment of subject to rules

s. 11 (1) 55 75

2

4

6A(2)

7 (2) 8 (8)

31

3 11 (2)

11 (4) 11 (5) 13

18

19 (2) 23 23A 24 24 24 24

29 30 33 34 53 0 0

57 (10) 59 60 61 (2) 62 (1) 69B 71 72

20

5 5 5 8 (3)

4 11 (1) 14 21 23 59

53 53 54 55 56

4A(1) 4

8(1) 8 (3) 8 (4A)

lOA lOA

Page

41

10 19 31

2

3

5

5 8

16

2 10

11 11 12

13

13 14 14 15 15 15 15

16 16 17 17 19 24 25 26 26 26 30 31 31

14

4 4 4 7

3 10 12 14 14 25

19 19 19 19 19

3 3

7 7 7

10 10

42

Process, members of Police Force to execute

Proclamation-of commencement of Act under repealed Act, saving

Re-appointment-of member, retired under s. 37 .. salary upon . . . . continuity of service upon refusal to resume duty upon

Regulations-under repealed Act, saving general power to make .. time of making . . . . penalties for breach of . . • . effect of publication in Gazette of to be laid before Parliament

Repeal of certain Acts

Index

R

Repute to be evidence of appointment as member of Police Force

Retirement-of member of Police Force-age of . . . . . .

through bodily injury before reaching age limit ..

authorisation to continue after ..

Rules-under repealed Act, saving .. for government of Police Force-

power to make . . . . . . effect of publication in Gazette of

to be laid before Parliament . . . . . . may provide summary punishment for misconduct

investigations under . . . . witnesses on investigations under . . . . witness failing to attend investigation under . . . . witness refusing to give evidence, etc., on investigation

under appearances at investigation under for special constables power to make

Salary. See Pay and Salary.

Savings of certain enactments, etc.

Schedule, Acts repealed

Secretary to Commissioner-duties in respect of Appeal Board

Sergeant-of police-

Commissioner may appoint dismissal of . . • .

powers, duties, etc., of . . . . of another State, appointment of ••

Solicitor-

s

right to be heard upon summary investigation appearance before Appeal Board by

Special constableappointment of oath of office of . . . . orders or rules relating to .. powers of . . . . . . . . penalty for refusing to take oath .. refusing duty or disobeying orders, penalty payment of . . . . termination of service of dismissal of deliver over . . . . . . . . penalty for resisting or assaulting ..

Stipendiary magistrate to be chairman of Appeai · Boa;dPromotion

Sub-inspector-conduct of investigation by. See Investigation. of police.; See Inspector.

Summary investigation. See Investigation.

s. 21

1 3

37A (I) 37A (2) 37A (3) 37A (4)

3 74 (I) 74 (2) 74 (3) 75 75

3

16

36 (I) 37 37 36 (2)

3

11 (1) 11 (I) 11 (I) 11 (2) 11 (2) 11 (3) 11 (4) 11 (5)

11 (6) 27

3

3

57 (6)

10 (1) 10 (I) 10 (I) 10 (I)

11(6) 57 (7)

25 26 27 28 29 30 31 32 (I) 32 (2) 33 (1) 34 57 (2)

Page

14

2 2

18 18 18 18

2 31 31 31 31 31

2

13

17 18 18 17

2

10 10 10 10 10 11 11 11

11 16

2

2

22

8 8 8 8

11 23

15 15 16 16 16 16 16 16 16 17 17 21

Index

Summons to witness to testify upon summary investigation

Superintendent-appointment of assignment of duties of •. salary of •.

Superannuation Fund-when right to payments from, forfeited

Supreme Court, execution of warrants, etc., of

T

This Act, meaning of term

Tolls, when member of the Police Force not liable to

Tort-liability of Crown for limit of liability for damages in respect of • . • . restitution by officer in respect of

Unclaimed goods, disposal of

Warrant-

u

w for recovery of that not delivered over • • • . • •

of Supreme Court, etc., duty of member of Police Force to execute

of arrest for offence against Act ••

Witness upon summary investigation. See Investigation. power to summon failing to attend, etc. . . refusing to be sworn, etc.

s. 11 (3)

~~M 8 4} 8 8)

63

20

4

61 (1)

69B (l) 69n (3) 69!1 (4) 69n (5). (6}

67

19 (2) 20

65

11 (3} 11 (4) 11 (5)

68631-By Authority: S. R. HAMl'SON, Government Printer, Brlsbane-1979

43

Page

1l

7 7 7 8

27

14

3

26

30 30 30 30

28

13 14

28

11 11 11

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