Queensland has now permanently expanded police powers to conduct searches using metal detectors – commonly known as Jack’s Law. These laws significantly broaden the circumstances in which police officers may, without a warrant, stop, detain and require a person to submit to the use of a hand held scanner.
It is important to understand what these powers mean, how they developed, and the possible consequences that might follow from a “wanding”.
What is Jack’s Law and why was it introduced?
Jack’s Law gives police officers the power to require a person to stop and submit to the use of a hand held scanner without a warrant.
The legislation is named in honour of 17-year-old, Jack Beasley, who was tragically killed by a knife attack in December 2019 during a night out with friends in Surfers Paradise. His death sparked community concern about knife-related violence, particularly in safe night precincts and youth environments.
In response, the Queensland Government introduced a trial of hand held scanners within the Surfers Paradise and Broadbeach Safe Night Precincts between May 2021 and April 2023.
How did the law develop?
Due to the trial’s reported success, in April 2023 the Queensland Government increased the areas where hand held scanners may be used to include all 15 Safe Night Precincts in Queensland, public transport stations and public transport vehicles.
In August 2024, the Queensland Government again expanded the areas to be considered as relevant places under Jack’s Law to include public places such as shopping centres, retail premises, sporting and entertainment venues, licensed venues and rail lines, and extended the expiry of these provisions to 30 October 2026.
Although the trial was set to end on 30 October 2026, the Queensland Government passed amendments in June 2025 making Jack’s Law permanent, expanding police powers even further, and removing previous safeguards regarding hand held scanners.
What does the law currently say?
Jack’s Law powers are set out in Part 3A of the Police Powers and Responsibilities Act 2000 (Qld) (‘the Act’).
The purpose of the legislation is to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.[1]
Section 39BA(1) of the Act provides that a police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on any of the following places (each a relevant place):
- Licensed premises;
- A public transport station;
- A public transport vehicle;
- Retail premises;
- A safe night precinct;
- A shopping centre; and
- A sporting or entertainment venue.
This does not require a warrant, reasonable suspicion, or prior approval from a senior police officer.
If a police officer starts to exercise a power in relation to a person while at, in or on a relevant place, the police officer may continue to exercise the power even if the person leaves the relevant place.[2] This means that if a police officer approaches you at a licensed premises and requires you to submit to a scan, you cannot avoid the requirement simply by leaving. The officer may still require you to submit to a scan outside the premises.
A senior police officer (being an officer of at least the rank of inspector or senior sergeant) may also authorise the use of a hand held scanner in a public place other than a relevant place (that is, places not listed above).[3] Similarly, if a police officer begins exercising a power in a public place, they may continue to exercise that power even if the person leaves the area.[4]
Safeguards for exercise of powers
When exercising Jack’s Law powers, police must do so in the least invasive way practicable. They may also detain a person only for as long as is reasonably necessary to exercise the power.
If requested, an officer must inform the person of their name, rank, and station, and produce their identity card for inspection (unless the officer is in uniform). The officer must also inform the person that they are required to allow the use of a hand held scanner, and that failure to comply may result in the person being searched without a warrant.[5]
What happens if the hand held scanner detects metal?
If a hand held scanner indicates that metal is, or is likely to be, present, a police officer may require the person to produce the item causing the detection, submit to a further scan, and comply with the confiscation of any knife or other weapon.[6]
If a scan detects metal and the person fails to produce the relevant item when required, this may give rise to a reasonable suspicion that the person possesses a knife or other weapon. That suspicion then enlivens broader search powers under the Act, allowing police to detain and search the person, and anything in their possession, without a warrant.
What happens if the search finds something unlawful?
A wand scan itself is not an offence. However, if metal is detected and an unlawful item is identified, whether produced by you or discovered during a subsequent search, you may be charged with a criminal offence.
This may include offences such as possessing a knife in a public place or unlawful possession of weapons under the Weapons Act 1990 (Qld). A wand scan may also lead to the detection of other offences, such as possession of dangerous drugs under the Drugs Misuse Act 1986 (Qld) or other offences under the Criminal Code Act 1899 (Qld).
Key Takeaways
- Police may detain and scan you with a hand held metal detector at a relevant place or at a public place (with authority of a senior police officer) without a warrant;
- If you refuse to comply with a police officer’s requirement to submit to a scan, police may detain you and conduct a search of you and your possessions without a warrant;
- If metal is detected, police may require you to produce the item causing the detection, submit to a further scan, and surrender the item if it is unlawful;
- If metal is detected and you refuse to produce the relevant item, this may give police reasonable suspicion that you possess a knife or other weapon, allowing them to detain you and search you and your possessions without a warrant; and
- If an unlawful item is located, you may be charged with a criminal offence.
[1] Police Powers and Responsibilities Act 2000 (Qld) s 39AA.[2] Ibid s 39BA(2).
[3] Ibid s 39C.
[4] Ibid s 39E.
[5] Ibid s 39H.
[6] Ibid s 39G.
Get help from a criminal lawyer
If you have been charged with a criminal offence following a wand scan, or if you believe your rights were breached during a search, it is important to obtain legal advice.
At Connolly Suthers Lawyers, our experienced Criminal Law team provide clear and reliable advice, along with effective representation.
If you have any questions or need assistance, please contact us on (07) 4771 5664.
This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact Connolly Suthers Criminal Lawyers.