Report No. 46, 57th Parliament - Police Powers and Responsibilities and Other Legislation Amendment Bill 2023

Committee’s report

The committee tabled its Report No. 46, 57th Parliament - Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 on 14 April 2023. The Government's Response to this report was tabled on 19 April 2023. The Bill was passed without amendment by the Queensland Parliament on 20 April 2023. 

View:Report
View:Government response 
View:Parliamentary debate on the Bill
19 April 2023 - transcript pages 1060-1077
20 April 2023 - transcript pages 1127-1144; transcript pages 1167-1192
The debate can be viewed by clicking on the movie icon within the transcripts.    

About the Bill 

On 21 February 2023 the Hon Mark Ryan MP, Minister for Police and Corrective Services and Minister for Fire and Emergency Services introduced the Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 into the Queensland Parliament. The Bill was referred to the Legal Affairs and Safety Committee for detailed consideration.

View: Explanatory speech 
View: Bill 
View: Explanatory Notes 
View: Statement of compatibility 

Objectives of the Bill 

The objective of the Bill is to promote the efficiency of the Queensland Police Service (QPS) and the Queensland Fire and Emergency Services (QFES) through a range of amendments that will deliver operational or administrative improvements. In relation to the QPS, amendments in the Bill will: 

  • enhance the Police Drug Diversion Program through introducing drug diversion warnings, allowing an eligible person an opportunity to participate in a subsequent drug diversion assessment program and the expansion of minor drug offences to include the possession of prescribed quantities of any type of dangerous drug and certain pharmaceuticals;
  • allow for the appointment of a person as an executive officer rather than to an executive officer position which will allow executive officers (i.e. Assistant and Deputy Commissioners) to be appointed generically to their respective rank or to the particular position that they will fill; and
  • introduce a circumstance of aggravation for the offence of evading police under section 754 of the Police Powers and Responsibilities Act 2000 (PPRA).

The Bill will make minor amendments to legislation administered by QFES by: 

  • confirming any request or application made under sections 64 ‘Prohibition by commissioner against lighting of fires’ and 65 ‘Granting of permits’ of the Fire and Emergency Services Act 1990 (FES Act) must contain the information prescribed by regulation and, in the case of a request under section 64, be made in the way prescribed by regulation; and
  • introducing the new section 150BA ‘Assault of persons performing functions or exercising powers’ of the FES Act and making consequential amendments to the offence outlined in section 150C ‘Obstruction of persons performing functions’ of the FES Act.

The Bill will also amend the maximum penalty of section 5 ‘Trafficking in dangerous drugs’ of the Drugs Misuse Act 1986 from 25 years imprisonment to life imprisonment to reflect the serious nature of this offence.

Further information

Further information including written briefings from the department, the response to submissions, transcripts from proceedings and answers to questions taken on notice are under the Related Publications tab.

TIMELINE

Submissions closed:10 March 2023 - see ‘View submissions’ tab
Public hearing:Monday, 20 March 2023 – 10:00am to 4:00pm - program - broadcast - transcript
Public briefing:Friday, 24 March 2023 – 11:00am to 12:00pm - program - broadcast - transcript 
Report tabled:Friday, 14 April 2023 - Report
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Related Publications

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