PPRA

Question 1

State three reason why a police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter?
Hint section 19 PPRA

Answer 1

1) The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.
2) The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.
3) The entry may be for finding out if a missing person is in the place.

Question 2

What is a reasonable time?

Answer 2

(1) What is a reasonable time to stay on a place a police officer enters to investigate a matter,
make an inquiry or serve a document must be decided according to the particular circumstances.

If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service—

(a) ask questions of anyone present at the place;
(b) make any reasonable investigation or observation
(3) If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law

Question 3

What is a reasonable suspicion?

Answer 3

Reasonable suspicion is defined as ‘a suspicion based on facts which, objectively seen, are sufficient to give rise to an apprehension of the suspected matter … more than a mere matter of idle speculation or mere imagination’

It must be the suspicion of a reasonable man, warranted by facts from which inferences can be drawn, but is something which falls short of proof.”

Question 4

What classifies a reasonable excuse?

Answer 4

The person reasonably believes that to immediately comply would endanger the person or someone else; and (b) the person complies with the requirement at the first reasonable opportunity

Question 5

What is s609 of the PPRA?

Answer 5

Allows entry of place to prevent the offence, injury or domestic violence.

This section applies if a police officer reasonably suspects—
(a) there is an imminent risk of either of the following
happening at a place—
(i) injury to a person;
(ii) an offence involving damaging property; or
(b) domestic violence is occurring, or has occurred before
the officer’s arrival, at a place.

Question 6

if a police officer/s enter a place to make an inquiry or investigation or to serve a document. He or she has to

Answer 6

Entry of place to prevent offence, injury or domestic violence

(1) This section applies if a police officer reasonably suspects—
(a) there is an imminent risk of either of the following
happening at a place—
(i) injury to a person;
(ii) an offence involving damaging property; or
(b) domestic violence is occurring, or has occurred before the officer’s arrival, at a place.

(2) It is lawful for the police officer to enter the place and stay on it for the time reasonably necessary—
(a) to establish whether the reason for the entry exists; and
(b) to ensure that, in the officer’s opinion, an imminent risk
of injury, damage or domestic violence does not exist at the place; and
(c) to give or arrange for reasonable help to any person at
the place.

Question 7

What must a police officer do before he starts questioning a relevant person about an indictable offence

Answer 7

PPRA s418 Right to communicate with friend, relative or lawyer (1) Before a police officer starts to question a relevant person for an indictable offence, the police officer must inform the person he or she may—

(a) telephone or speak to a friend or relative to inform the person of his or her whereabouts and ask the person to be present during questioning; and
(b) telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning

Question 8

What must a police officer do if a relevant person who is apparently under the influence of liquor or a drug

Answer 8

PPRA s423 Questioning of intoxicated persons
The police officer must delay the questioning until the police officer is reasonably satisfied the influence of the liquor or drug no longer affects the person’s ability to understand his or her rights and to decide whether or not to answer questions.

Question 9

Outline PPRA Section 19

Answer 9

“General power to enter to make inquiries, investigations or serve document”
(1) The purpose of this section is to ensure a police officer
performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.

(2) However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority.
(3) A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter.

Examples for subsection (3)—
1 The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.
2 The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.
3 The entry may be for finding out if a missing person is in the place.

(4) Also, a police officer may enter and stay for a reasonable time on a place to serve a document.
(5) However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.
(6) Also, the police officer may only use minimal force to enter the place.

Question 10

Please explain safeguard 633 of the PPRA.

Answer 10

(1) This section applies if a police officer gives someone an oral direction or makes an oral requirement under this Act.

(2) If the person fails to comply with the direction or requirement, a police officer must, if practicable, warn the person—
(a) it is an offence to fail to comply with the direction or requirement, unless the person has a reasonable excuse; and
(b) the person may be arrested for the offence.

(3) The police officer must give the person a further reasonable opportunity to comply with the direction or requirement.

Question 11

41. Prescribed circumstances for

requiring name and address

Answer 11

a police officer finds the person committing an offence;
(b) a police officer reasonably suspects the person has committed an offence, including an extradition offence;
(c) a police officer is about to take—
(i) the person’s identifying particulars under an
identifying particulars notice or an order of a court made under section 471 or 514; or
(ii) a DNA sample from the person under a DNA sample notice or an order made under section 484, 485, 488 or 514;
(d) an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514;
(e) a police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction;
(f) a police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person—
(i) a forensic procedure order or registered
corresponding forensic procedure order; or
(ii) a summons; or
(iii) another court document;
(g) a police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed
under a regulation for this section;
(h) a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence;
(i) a police officer reasonably suspects the person may be able to help in the investigation of—
(i) domestic violence or associated domestic violence;
or
(ii) a relevant vehicle incident;
(j) a police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened;
(k) the person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60;
(l) under chapter 17, a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person;
(m) a police officer is about to give, is giving, or has given a person a police banning notice under chapter 19, part 5A;
(n) a police officer is about to give, is giving, or has given a person any of the following under the Peace and Good
Behaviour Act 1982—
(i) a public safety order;
(ii) a restricted premises order;
(iii) a fortification removal order;
(o) a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

Question 12

Explain PPRA 29

Answer 12

Searching persons without warrant
(1) A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following—

(a) stop and detain a person;
(b) search the person and anything in the person’s
possession for anything relevant to the circumstances for which the person is detained.
(2) The police officer may seize all or part of a thing:
(a) that may provide evidence of the commission of an offence; or
(b) that the person intends to use to cause harm to himself, herself or someone else; or
(c) if section 30(b) applies, that is an antique firearm.

Question 13

Explain PPRA 30

Answer 13

Prescribed circumstances for searching persons without
warrant
(1) The prescribed circumstances for searching a person without a warrant are as follows—
(a) the person has something that may be—
(i) a weapon, knife or explosive the person may not
lawfully possess, or another thing that the person is
prohibited from possessing under a domestic
violence order or an interstate domestic violence
order; or
(ii) an unlawful dangerous drug; or
(iii) stolen property; or
(iv) unlawfully obtained property; or
(v) tainted property; or
(vi) evidence of the commission of a seven year
imprisonment offence that may be concealed on
the person or destroyed; or

(vii) evidence of the commission of an offence against
the Criminal Code, section 469 that may be
concealed on the person or destroyed if, in the
circumstances of the offence, the offence is not a
seven year imprisonment offence; or

(ix) evidence of the commission of an offence against
the Liquor Act 1992, section 168B or 168C;
[s 30]

(b) the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm—
(i) because of the person’s mental and physical
fitness; or
(ii) because a domestic violence order has been made
against the person; or
(iii) because the person has been found guilty of an
offence involving the use, carriage, discharge or
possession of a weapon;

(c) the person has something that may have been used, is
being used, is intended to be used, or is primarily
designed for use, as an implement of housebreaking, for
unlawfully using or stealing a vehicle, or for the
administration of a dangerous drug;

(d) the person has something the person intends to use to cause harm to himself, herself or someone else;

Question 14

What is a safeguard?

Answer 14

Safeguards ensuring rights of and fairness to persons questioned for
indictable offences’

Question 15

A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, can do what?

Answer 15

stop and detain a person;
(b) search the person and anything in the person’s
possession for anything relevant to the circumstances for
which the person is detained.
The police officer may seize all or part of a thing that
1) may provide evidence of the commission of an offence
2)that the person intends to use to cause harm to himself, herself or someone else; or
3) if section 30(b) applies, that is an antique firearm

Question 16

What are the prescribed circumstances of s29 of the PPRA?

Answer 16

the person has something that may be—
(i) a weapon, knife or explosive the person may not
lawfully possess, or another thing that the person is
prohibited from possessing under a domestic
violence order or an interstate domestic violence
order; or

(ii) an unlawful dangerous drug
(iii) stolen property
(iv) unlawfully obtained property
(v) tainted property

(vi) evidence of the commission of a seven year
imprisonment offence that may be concealed on
the person or destroyed; or

(vii) Criminal Code, section 469 that may be
concealed on the person or destroyed if, in the
circumstances of the offence, the offence is not a
seven year imprisonment offence

(viii)evidence of the commission of an offence against
the Summary Offences Act 2005, section 17, 23B
or 23C; or

(ix) evidence of the commission of an offence against
the Liquor Act 1992, section 168B or 168C;
[s 30]

(b) the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm—
(i) because of the person’s mental and physical
fitness
(ii) because a domestic violence order has been made
against the person
(iii) because the person has been found guilty of an
offence involving the use, carriage, discharge or
possession of a weapon

(c)the person has something that may have been used, is
being used, is intended to be used, or is primarily
designed for use, as an implement of housebreaking, for
unlawfully using or stealing a vehicle, or for the
administration of a dangerous drug;

(d) the person has something the person intends to use to cause harm to himself, herself or someone else;

(e) the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982,
section 103 or 104;

Question 17

What are the prescribed circumstances of s32 of the PPRA?

Answer 17

there is something in the vehicle that:
(a) may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is
prohibited from possessing under a domestic violence
order or an interstate domestic violence order;

(b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—
(i) because of the person’s mental and physical fitness;
(ii) because a domestic violence order has been made against the person;
(iii) because the person has been found guilty of an
offence involving the use, carriage, discharge or
possession of a weapon; or

(c) may be an unlawful dangerous drug;
(d) may be stolen property;
(e) may be unlawfully obtained property;

(f) may have been used, is being used, is intended to be
used, or is primarily designed for use, as an implement
of housebreaking, for unlawfully using or stealing a
vehicle, or for the administration of a dangerous drug;

(g) may be evidence of the commission of an offence
against any of the following—
• the Racing Act 2002
• the Racing Integrity Act 2016
• the Corrective Services Act 2006, section 128, 129
or 132
• the Nature Conservation Act 1992; or

(h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the
security or management of a prison or the security of a
prisoner;

(i) may be tainted property;

(j) may be evidence of the commission of a seven year
imprisonment offence that may be concealed or
destroyed;

(k) may be evidence of the commission of an offence
against the Criminal Code, section 469 that may be
concealed on the person or destroyed if, in the
circumstances of the offence, the offence is not a seven
year imprisonment offence;

(l) may be evidence of the commission of an offence
against the Summary Offences Act 2005, section 17, 23B
or 23C;

(m) may be something the person intends to use to cause
harm to himself, herself or someone else;

(n) may be evidence of the commission of an offence
against the Penalties and Sentences Act 1992,
section 161ZI; or

(o) may be evidence of the commission of an offence
against the Termination of Pregnancy Act 2018,
section 15 or 16;

(p) may be a dangerous attachment device that has been
used, or is

Question 18

You now have the prescribed circumstances in s32 what can you do now? i.e Explain s31 of the PPRA

Answer 18

without warrant, do any of the following—

(a) stop a vehicle;
(b) detain a vehicle and the occupants of the vehicle;
(c) search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.

(2) Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects:
(a) the vehicle is being used unlawfully;
(b) a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006.

(3) If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it.

(4) If it is impracticable to search for a thing that may be
concealed in a vehicle at the place where the vehicle is
stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place.

(5) The police officer may seize all or part of a thing—
(a) that may provide evidence of the commission of an
offence; or
(b) that the person intends to use to cause harm to himself, herself or someone else; or
(c) if section 32(1)(b) applies, that is an antique firearm.

(6) Power under this section to search a vehicle includes power to
enter the vehicle, stay in it and re-enter it as often as necessary
to remove from it a thing seized under subsection (5).

Question 19

What is two safeguards for section 31 and 32?

Answer 19

627 General provision about searches of vehicles
1) This section deals with the searching of vehicles under this Act.
(2) Before deciding to take a vehicle to a place with appropriate facilities for searching it, a police officer must consider whether searching the vehicle somewhere else would be more effective because of the nature and size of a thing sought that may be concealed in the vehicle.
(3) If a police officer decides to take a vehicle to a place with appropriate facilities for searching it, the police officer must, if the person apparently in possession of the vehicle is known and present—
(a) tell the person where the vehicle is to be taken; and
(b) ask the person if he or she wants to be present during the search.
(4) If a police officer searches an unattended vehicle or anything in it, the police officer must leave a notice in a conspicuous place in or on the vehicle stating—
(a) that the vehicle or a stated thing in or on it has been
searched; and
(b) the police officer’s name, rank and station; and
(c) that a record of the search may be obtained from any
police station.
(5) After searching an unattended vehicle or anything in it, the police officer must ensure, as far as reasonably practicable, the vehicle is left secured

633 Safeguards for oral directions or requirements
(1) This section applies if a police officer gives someone an oral direction or makes an oral requirement under this Act.
(2) If the person fails to comply with the direction or requirement, a police officer must, if practicable, warn the person—
(a) it is an offence to fail to comply with the direction or
requirement, unless the person has a reasonable excuse;
and
(b) the person may be arrested for the offence.
(3) The police officer must give the person a further reasonable
opportunity to comply with the direction or requirement.

637 Supplying police officer’s details
(1) This section applies if a police officer—
(a) searches or arrests a person; or
(b) searches a vehicle; or
(c) searches a place, other than a public place; or
(d) seizes any property; or
(e) stops or detains a person or vehicle; or
(f) requires a person to state his or her name and address; or
(g) gives to a person a direction under section 48 or 177; or
(h) enters a place to make an inquiry or investigation or to
serve a document; or
(i) exercises a power as a public official.
(2) The police officer must, as soon as reasonably practicable,
inform the person the subject of the power of the following—
(b) if the police officer is in uniform—his or her name, rank
and station.

(4) If the police officer is searching a person, vehicle or place, other than under a search warrant, the police officer must state the purpose of the search and the reason for seizing any property.
(5) If 2 or more police officers are searching the vehicle or place, only the senior police officer present is required to comply with subsections (2) to (4).

(6) However, if a person asks another police officer for the information mentioned in subsection (2) or to produce an identity card, the police officer must give to the person the information requested or produce the identity card.

Section 40 and 41

Question 20

What are the prescribed circumstances of s32 of the PPRA?

Answer 20

there is something in the vehicle that:
(a) may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is
prohibited from possessing under a domestic violence
order or an interstate domestic violence order;

(b) may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—
(i) because of the person’s mental and physical fitness;
(ii) because a domestic violence order has been made against the person;
(iii) because the person has been found guilty of an
offence involving the use, carriage, discharge or
possession of a weapon; or

(c) may be an unlawful dangerous drug;
(d) may be stolen property;
(e) may be unlawfully obtained property;

(f) may have been used, is being used, is intended to be
used, or is primarily designed for use, as an implement
of housebreaking, for unlawfully using or stealing a
vehicle, or for the administration of a dangerous drug;

(h) may have been used, is being used, or is intended to be used, to commit an offence that may threaten the
security or management of a prison or the security of a
prisoner;

(i) may be tainted property;

(j) may be evidence of the commission of a seven year
imprisonment offence that may be concealed or
destroyed;

(k) may be evidence of the commission of an offence
against the Criminal Code, section 469 that may be
concealed on the person or destroyed if, in the
circumstances of the offence, the offence is not a seven
year imprisonment offence;

(m) may be something the person intends to use to cause
harm to himself, herself or someone else;

Question 21

What is two safeguards for section 31 and 32?

Answer 21

627 General provision about searches of vehicles
1) This section deals with the searching of vehicles under this Act.
(2) Before deciding to take a vehicle to a place with appropriate facilities for searching it, a police officer must consider whether searching the vehicle somewhere else would be more effective because of the nature and size of a thing sought that may be concealed in the vehicle.
(3) If a police officer decides to take a vehicle to a place with appropriate facilities for searching it, the police officer must, if the person apparently in possession of the vehicle is known and present—
(a) tell the person where the vehicle is to be taken; and
(b) ask the person if he or she wants to be present during the search.
(4) If a police officer searches an unattended vehicle or anything in it, the police officer must leave a notice in a conspicuous place in or on the vehicle stating—
(a) that the vehicle or a stated thing in or on it has been
searched; and
(b) the police officer’s name, rank and station; and
(c) that a record of the search may be obtained from any
police station.
(5) After searching an unattended vehicle or anything in it, the police officer must ensure, as far as reasonably practicable, the vehicle is left secured

633 Safeguards for oral directions or requirements
(1) This section applies if a police officer gives someone an oral direction or makes an oral requirement under this Act.
(2) If the person fails to comply with the direction or requirement, a police officer must, if practicable, warn the person—
(a) it is an offence to fail to comply with the direction or
requirement, unless the person has a reasonable excuse;
and
(b) the person may be arrested for the offence.
(3) The police officer must give the person a further reasonable
opportunity to comply with the direction or requirement.

637 Supplying police officer’s details
(1) This section applies if a police officer—
(a) searches or arrests a person; or
(b) searches a vehicle; or
(c) searches a place, other than a public place; or
(d) seizes any property; or
(e) stops or detains a person or vehicle; or
(f) requires a person to state his or her name and address; or
(g) gives to a person a direction under section 48 or 177; or
(h) enters a place to make an inquiry or investigation or to
serve a document; or
(i) exercises a power as a public official.
(2) The police officer must, as soon as reasonably practicable,
inform the person the subject of the power of the following—
(b) if the police officer is in uniform—his or her name, rank
and station.

(4) If the police officer is searching a person, vehicle or place, other than under a search warrant, the police officer must state the purpose of the search and the reason for seizing any property.
(5) If 2 or more police officers are searching the vehicle or place, only the senior police officer present is required to comply with subsections (2) to (4).

(6) However, if a person asks another police officer for the information mentioned in subsection (2) or to produce an identity card, the police officer must give to the person the information requested or produce the identity card.

Question 22

Explain section 609 of the PPRA?

Answer 22

609 Entry of place to prevent offence, injury or domestic
violence
(1) This section applies if a police officer reasonably suspects—
(a) there is an imminent risk of either of the following
happening at a place—
(i) injury to a person;
(ii) an offence involving damaging property; or
(b) domestic violence is occurring, or has occurred before
the officer’s arrival, at a place.
(2) It is lawful for the police officer to enter the place and stay on it for the time reasonably necessary—
(a) to establish whether the reason for the entry exists;
(b) to ensure that, in the officer’s opinion, an imminent risk of injury, damage or domestic violence does not exist at the place; and
(c) to give or arrange for reasonable help to any person at the place.
(3) The police officer may detain anyone at the place for the time reasonably necessary to establish whether the reason for the entry exists.
(4) If the police officer is reasonably satisfied a reason for the entry exists, the police officer may do any of the following—
(a) detain a person for a search or to prevent acts of
violence or damage to property;
(b) search anyone detained for anything that may be, or has been used to cause the injury or damage or for domestic violence;
(c) search the place—
(i) for anyone who may be at risk of being injured or
subject to domestic violence or associated
domestic violence; and
(ii) for anything that may be, or has been, used to
cause the injury or damage or for domestic violence or associated domestic violence;
(d) seize anything found at the place or on a person at the place that may be, or has been used to cause the injury or damage or for domestic violence or associated
domestic violence.
Example for subsection (4)(c)(ii)—
The police officer may be satisfied the thing may be used for domestic violence or associated domestic violence because of apparently reliable information.
(5) Before searching a place under this section, the police officer must inform the occupier of the place, if present, that the occupier may accompany the police officer while the place is being searched.
(6) For this section, a place that is a building, includes a vehicle at the place.

Question 23

What is section 423?

Answer 23

Questioning of intoxicated persons
(1) This section applies if a police officer wants to question or to continue to question a relevant person who is apparently under the influence of liquor or a drug.
[s 424]
(2) The police officer must delay the questioning until the police officer is reasonably satisfied the influence of the liquor or drug no longer affects the person’s ability to understand his or her rights and to decide whether or not to answer questions.

Question 24

Section 637 of the PPRA?

Answer 24

Supplying Officers Details:
requires a police officer to identify himself or herself with their name, rank and station when undertaking an “enforcement act” such as a search or detaining a person or vehicle. This ensure compliance and transparency when dealing with members of the public.
Supplying police officer’s details
(1) This section applies if a police officer—
(a) searches or arrests a person; or
(b) searches a vehicle; or
(c) searches a place, other than a public place; or
(d) seizes any property; or
(e) stops or detains a person or vehicle; or
(f) requires a person to state his or her name and address; or
(g) gives to a person a direction under section 48 or 177; or
(h) enters a place to make an inquiry or investigation or to
serve a document; or
(i) exercises a power as a public official.

The police officer must, as soon as reasonably practicable, inform the person the subject of the power of the following—
(a) if the police officer is not in uniform—
(i) that he or she is a police officer; and
(ii) his or her name, rank and station;
(b) if the police officer is in uniform—his or her name, rank
and station.

Question 25

What is the purpose of the PPRA?

Answer 25

a) to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law;
(b) to provide powers necessary for effective modern policing and law enforcement;
(c) to provide consistency in the nature and extent of the powers and responsibilities of police officers;
(d) to standardise the way the powers and responsibilities of police officers are to be exercised;
(e) to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act;
(f) to enable the public to better understand the nature and extent of the powers and responsibilities of police officers;
(g) to provide for the forced muster of stray stock.