QLD IS THIS HAND HELD SCANNER AUTHORITY NOTICE INVALID?

[ConstableBurger]

Hi All,

Are there any lawyers that would express an opinion on the following document.?

The document is HAND HELD SCANNER AUTHORITY FOR SAFE NIGHT PRECINCT prepared by QPS.
The notice provides authority for QPS to perform hand held scanning of persons within a designated area within the time specified on the date specified under Jacks Law PPRA 2000 Part 3A.

I would assume that for the notice to be valid and for authority for the power to stop and scan persons in the stated place be authorised under the ACT the notice must meet the criteria stated in the ACT. Specifically PPRA 2000 Part 3A 39J.

The requirements stated in the Act are as follows:

39C Use of hand held scanner authorised by senior police officer

(1)A senior police officer may authorise the use of a hand held scanner—

(a)in a safe night precinct (a relevant place); or

(b)at a public transport station and on public transport vehicles travelling to and from the station (each also a relevant place).

(2)However, the senior police officer may issue an authority only if—

(a)any of the following happened at the relevant place in the previous 6 months—

(i)at least 1 offence was committed by a person armed with a knife or other weapon;

(ii)at least 1 seven year imprisonment offence against the Criminal Codeinvolving violence against a person was committed;

(iii)more than 1 offence against the Weapons Act 1990, section 50(1) or 51(1) was committed; and
Notes—

1The Weapons Act 1990, section 50 makes it an offence for a person to unlawfully possess a weapon.

2The Weapons Act 1990, section 51 makes it an offence for a person to physically possess a knife in a public place or a school without a reasonable excuse.

(b)the senior police officer considers the use of hand held scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon; and

(c)the senior police officer has considered—

(i)the effect the use of hand held scanners may have on lawful activity at the relevant place; and

(ii)if the use of hand held scanners has previously been authorised for the relevant place—whether the use of hand held scanners under the authority identified persons carrying knives or other weapons.

(3)For subsection (1), travelling to and from a public transport station means travelling within 1 scheduled stop in any direction of that public transport station.

(4)An authority issued under this section is a hand held scanner authority.

39D Form and effect of hand held scanner authority

(1)A hand held scanner authority must state—

(a)the day and time the authority starts; and

(b)the place for which the authority is issued, as follows—

(i)for a hand held scanner authority issued for a safe night precinct—the name of the safe night precinct;

(ii)for a hand held scanner authority issued for a public transport station—the name of the public transport station.

(2)The hand held scanner authority has effect for 12 hours after the authority starts.

39J Notice of hand held scanner authority to be published

(1)The commissioner must publish notice about a hand held scanner authority on the police service website within 2 months after the authority is issued.

(2)The notice must state—

(a)the name of the safe night precinct or public transport station for which the hand held scanner authority was issued; and

(b)the day and time the authority started and ended; and

(c)information about—

(i)the offences mentioned in section 39C(2)(a) that were known to the senior police officer who issued the authority; and

(ii)the senior police officer’s consideration of the matters mentioned in section 39C(2)(b) and (c) in relation to issuing the authority.

The issue I raise with the hand held scanner notice posted here is that I don't believe it has been prepared in accordance with the requirements PPRA 2000 Part 3a Jacks Law. From my understanding of section 39J which forms part of the requirements of the ACT to authorise the unprecedented search power is as follows.

1. The commissioner must publish the hand held scanner authority on the police website within two months of authority being issued.
2. The notice must state the name of the safe night precinct/ transport station which the notice relates to.
3. The notice must state the Date, start time and ending of the authority.
4. The notice must state information about the offences in section 39C(2)(a) known to the officer who issued the authority.
5.THE NOTICE MUST STATE INFORMATION ABOUT THE SENIOR POLICE OFFICERS CONSIDERATIONS OF THE MATTERS MENTIONS IN SECTION 39C(2)(B) AND (C) IN RELATION TO ISSUING THE AUTHORITY.

(B)the senior police officer considers the use of hand held scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon; and

(C) The senior police officer has considered—

(I) the effect the use of hand held scanners may have on lawful activity at the relevant place; and
(II) if the use of hand held scanners has previously been authorised for the relevant place—whether the use of hand held scanners under the authority identified persons carrying knives or other weapons.

To be clear should the officer not have included his considerations on the notice such as my example below.

39J(b) A music festival is scheduled in the FV SNP during the time the scanner authority notice is active. Due to the increased number of people present in the SNP and the high numbers of youths attending the festival the officer considers the authority is likely to detect or deter weapons.

39J(c)(i) The authority may cause delays for persons in the FV SNP while the authority is in action. Delays could potentially have an effect on the income of local business.

39J(c)(ii) There has been a number of scanner authority issued for the FV SNP and during the last authority 2 kinfes and 1 other weapon was detected and removed from the streets.


So back to my question regarding the validity of this notice. If the notice does not meet the criteria listed in the ACT is the Hand Held Scanner Authority invalid and all scanning of persons that occurred while the authority was in action were unlawful searches of persons? The even bigger problem is that to my knowledge all of of the hand held scanner authority issued by QPS seem to have missed the point as noted above. That is a lot of unlawful searches which I can only imagine a percentage of which lead the officers to detect weapons swell other other unrelated offences.