Police Powers in Queensland

The Queensland Police Service (“QPS”) primarily exercise their powers under the Police Powers and Responsibilities Act 2000 (Qld) (the “PPRA”). This legislation provides police with the power to demand certain information, to move persons on, to search and make arrests.

As a preliminary point, it should also be noted that the PPRA isn’t an exhaustive list of police powers. In fact, section 9 makes clear that a Constable has further powers, obligations and liabilities at common law; and also has the same powers of an ordinary person.

Put another way, Police may speak to whomever they please - like any other person in the community (s 8(1)). And like any other member in the community, in many situations you have the right to not say anything in response to Police. However, what this information contained within this page is concerned with, are the circumstances when you must give a correct answer, or else be subject to a penalty.

What must I tell Police?

Section 40 of the PPRA allows a Police Officer to ask for a persons correct name and address in prescribed circumstances (s 40(1)). A Police Officer may also require a person to provide evidence confirming the correctness of the stated name and address, if reasonably practicable (s 40(2)). Your correct ‘address’ is your current place of residence (s 40(5)).

When must I tell the police my name and address?

As indicated above, the power to require a persons name and address exists only in prescribed circumstances which are defined in s 41 of the PPRA. The most common of these are:

  • When a police officer finds a person committing an offence (s 41(a));

  • Where the police officer reasonably suspects the person has committed an offence, including an extradition offence (s 41(b));

  • When a police officer is about to take:

    • a person’s identifying particulars under an identifying particulars notice or a court order (s 41(c)(i)); or

    • a DNA sample from the person under a DNA sample notice or order (s 41(c)(ii));

  • When a police officer is either about to give, is giving, or has given, a person (s 41(e)):

    • a noise abatement direction;

    • an initial nuisance direction; or,

    • a final nuisance direction.

  • When a police officer is attempting to enforce a warrant (s 41(f));

  • In circumstances where a police officer reasonably believes obtaining the name and address of a person is necessary for the administration or enforcement of a particular Act or Regulation (s 41(g));

  • Where a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence;

  • In circumstances where a police officer reasonably suspects the person may be able to help in the investigation of:

    • a domestic violence or associated domestic violence (s 41(i)); or,

    • a relevant vehicle incident (s 41(i)); or,

    • an alleged indictable offence (s 41(j))because the person was near the place where the alleged offence happened before, when, or soon after it happened;

  • When a person is in control of a vehicle that is stationary on a road or has been stopped under section 60 (stopping vehicles for a prescribed purpose) (s 41(k));

  • A police officer is about to give, is giving, or has given a person a police banning notice (s 41(n));

  • A police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders (s 41(p)).

What are the consequences of not providing information as required?

When making a request for this information, a failure to provide this information accurately is an offence contrary to s 791 of the PPRA, which provides it is an offence to contravene a direction or requirement of a police officer (s 791(1)), unless there is a reasonable excuse (s 791(2)).