Does not include amendments by: (not commenced) Water Industry Competition Act 2006 No 104(not commenced) Deer Act 2006 No 113(not commenced) Surveillance Devices Act 2007 No 64(not commenced) Assisted Reproductive Technology Act 2007 No 69(not commenced — to commence on 1.7.2008) Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 No 92(not commenced) Miscellaneous Acts (Local Court) Amendment Act 2007 No 94(GG No 69 of 13.6.2008, p 5357) (not commenced — to commence on 1.7.2008) Road Transport (Safety and Traffic Management) Amendment (Law Revision) Regulation 2008 (189)(not commenced — to commence on 1.7.2008) National Gas (New South Wales) Act 2008 No 31
(1) In this Act: Aboriginal person means a person who:
(a) is a member of the Aboriginal race of Australia, and (b) identifies as an Aboriginal person, and (c) is accepted by the Aboriginal community as an Aboriginal person. apprehended violence order has the same meaning as in the. Crimes (Domestic and Personal Violence) Act 2007 authorised officer means:
(a) a Magistrate or a Children’s Magistrate, or (b) a registrar of a Local Court, or (c) an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of this Act either personally or as the holder of a specified office. Commissioner means the Commissioner of Police.correctional centre has the same meaning as it has in the. Crimes (Administration of Sentences) Act 1999 crime scene means premises established as a crime scene under Part 7.crime scene power means a power set out in section 95.crime scene warrant means a warrant issued under section 94.custody manager means the police officer having from time to time the responsibility for the care, control and safety of a person detained at a police station or other place of detention.dangerous article means:
(a) a firearm, a spare barrel for any such firearm, or any ammunition for any such firearm, or (b) a prohibited weapon within the meaning of the , or Weapons Prohibition Act 1998 (c) a spear gun, or (d) an article or device, not being such a firearm, capable of discharging by any means:
(i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or (ii) any substance capable of causing bodily harm, or (e) a fuse capable of use with an explosive or a detonator, or (f) a detonator. dangerous implement means:
(a) a dangerous article, or (b) a knife, or (c) any other implement made or adapted for use for causing injury to a person, or (d) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property, or (e) a laser pointer, but does not include anything that is of a class or description declared by the regulations to be excluded from this definition. drug offence means the possession, control or supply by a person of any prohibited drug or prohibited plant in contravention of the. Drug Misuse and Trafficking Act 1985 dwelling includes:
(a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, whether or not it has ever been so occupied, and (b) a vessel or vehicle in or on which any person resides, and (c) any building or other structure within the same curtilage as a dwelling and occupied with, or the use of which is ancillary to the occupation of, the dwelling. electronic metal detection device means an electronic device that is capable of detecting the presence of metallic objects.exercise a function includes perform a duty.facsimile means facsimile transmission, the internet or any other means of electronic transmission of information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.firearm has the same meaning as it has in the. Firearms Act 1996 frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer clothing or by passing an electronic metal detection device over or in close proximity to the person’s outer clothing, and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing. function includes a power, authority or duty.identity of a person means the name or residential address of the person (or both).indictable offence means an offence for which proceedings may be taken on indictment, whether or not proceedings for the offence may also be taken otherwise than on an indictment.laser pointer means a hand-held battery-operated device, designed or adapted to emit a laser beam, that may be used for the purposes of aiming, targeting or pointing.lawful custody means lawful custody of the police.manufacture has the same meaning as it has in the. Drug Misuse and Trafficking Act 1985 NSW Police Force means the NSW Police Force established by the. Police Act 1990 occupier of premises includes a person in charge of the premises.ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes, socks and hat, and (b) an examination of those items. owner of a vehicle means the responsible person for a vehicle within the meaning of section 6 of the, and includes: Road Transport (General) Act 2005
(a) a person who is not such an owner but who usually has the care, control and custody of the vehicle, and (b) any other person prescribed by the regulations for the purposes of this definition. parent of a child means the person who has parental responsibility for the child.parental responsibility , in relation to a child, means all the duties, powers, responsibilities and authorities which, by law, parents have in relation to their children.person of non-English speaking background means a person who is born in a country outside Australia and whose first language is not English.police officer means a member of the NSW Police Force holding a position that is designated under theas a position to be held by a police officer. Police Act 1990 premises includes any building, structure, vehicle, vessel or aircraft and any place, whether built on or not.prohibited drug has the same meaning as it has in the. Drug Misuse and Trafficking Act 1985 prohibited plant has the same meaning as it has in the. Drug Misuse and Trafficking Act 1985 prohibited weapon has the same meaning as it has in the. Weapons Prohibition Act 1998 property has the same meaning as it has in the. Crimes Act 1900 public place includes:
(a) a place (whether or not covered by water), or part of premises, that is open to the public or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, and (b) a road or road related area, but does not include a school. road means a road within the meaning of the(other than a road that is the subject of a declaration made under section 15 (1) (b) of that Act). Road Transport (General) Act 2005 road related area means a road related area within the meaning of the(other than a road related area that is the subject of a declaration made under section 15 (1) (b) of that Act). Road Transport (General) Act 2005 roadblock authorisation means an authorisation given by a senior police officer under section 37.scene of crime officer means a member of the NSW Police Force responsible for examining or maintaining crime scenes.school means:
(a) a government school or registered non-government school within the meaning of the , or Education Act 1990 (b) a school providing education (whether secular or religious) at a pre-school or infants school level or at a primary or secondary level, or (c) a place used for the purposes of an establishment commonly known as a child-minding centre or for similar purposes, or (d) the land, and any building, occupied by or in connection with the conduct of such a school or place, and includes any part of such a school or place, but does not include any building that is occupied or used solely as a residence or solely for a purpose unconnected with the conduct of such a school or place. senior police officer means:
(a) a Local Area Commander of Police, or (b) a Duty Officer for a police station, or (c) any other police officer of the rank of Inspector or above. Note— By virtue of the (section 48 (2)) a person acting in an office referred to above may exercise the functions of a senior police officer under this Act. Interpretation Act 1987 serious indictable offence means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.strip search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove all of his or her clothes, and (b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes. supply has the same meaning as it has in the. Drug Misuse and Trafficking Act 1985 telephone includes radio, facsimile and any other communication device.Torres Strait Islander means a person who:
(a) is a member of the Torres Strait Island race, and (b) identifies as a Torres Strait Islander, and (c) is accepted by the Torres Strait Island community as a Torres Strait Islander. vehicle includes a registrable vehicle within the meaning of the. Road Transport (Vehicle Registration) Act 1997 vehicle roadblock powers —see section 37.
(cf , s 7) Police Powers (Vehicles) Act 1998
(cf , s 7A) Police Powers (Vehicles) Act 1998
Note— Safeguards relating to the exercise of powers under this Part are set out in Part 15.
(cf , s 28A) Summary Offences Act 1988 (1) A police officer may request a person who is in a public place or a school to submit to a frisk search if the police officer suspects on reasonable grounds that the person has a dangerous implement (other than a laser pointer) in his or her custody. (1A) A police officer may request a person who is in a public place to submit to a frisk search if the police officer suspects on reasonable grounds that the person has a laser pointer in his or her custody.
(cf , s 28B) Summary Offences Act 1988
Note— Safeguards relating to the exercise of powers under this Part are set out in Parts 15 and 17.
(cf , s 5, Search Warrants Act 1985 , ss 357EA, 578D) Crimes Act 1900
(1) This Division applies to the following warrants:
(a) search warrants issued to police officers under Division 2, (b) search warrants issued under a provision specified in Schedule 2, (c) crime scene warrants issued under Part 7, (d) warrants issued under Division 1 of Part 11, (e) search warrants issued under a provision of, or a provision made under, an Act, being a provision that provides that this Division applies to a search warrant issued under that provision.
(cf , s 12) Search Warrants Act 1985 (1) A person may apply by telephone for a warrant. Note— Telephone includes radio, facsimile and any other communication device. (2) An authorised officer must not issue a warrant on an application made by telephone unless the authorised officer is satisfied that the warrant is required urgently and that it is not practicable for the application to be made in person.
(cf , s 15) Search Warrants Act 1985 (1) An authorised officer is to prepare and give an occupier’s notice to the person to whom the authorised officer issues a warrant.
(cf , s 17) Search Warrants Act 1985
(1) A warrant ceases to have effect, unless it is sooner withdrawn or extended, as follows:
(a) in the case of any warrant (other than a telephone warrant or crime scene warrant)—when it has been executed, or at the time specified in it for its expiry, whichever first occurs, (b) in the case of a telephone warrant (other than a telephone crime scene warrant)—when it has been executed, or at the expiry of 24 hours after the time of its issue, whichever first occurs, (c) in the case of a crime scene warrant (other than a telephone crime scene warrant)—at the time specified in it for its expiry, (d) in the case of a telephone crime scene warrant—at the expiry of 24 hours after the time of its issue.
(1) A warrant (other than a telephone warrant) that expires 72 hours after its issue may be extended by the authorised officer who issued the warrant:
(a) in the case of a warrant issued under Division 2 of Part 11—if the authorised officer is satisfied that the purpose for which the warrant was issued cannot be satisfied within 72 hours, and (b) in any other case—if the authorised officer is satisfied that the warrant cannot be executed within 72 hours. (2) A telephone crime scene warrant may be extended, for up to 60 hours at a time, by the authorised officer who issued the warrant. (3) Any other telephone warrant may not be extended.
Note— Safeguards relating to the exercise of powers under this Part are set out in Parts 15 and 17.
(cf , s 357F) Crimes Act 1900
(1) A police officer of or above the rank of Superintendent may authorise the closure of any licensed premises, or the prohibition of the sale or supply of liquor on any licensed premises, if the police officer:
(a) has reasonable grounds for believing that there is a large-scale public disorder occurring in the vicinity of the licensed premises or there is a threat of such a disorder occurring in the near future, and (b) is satisfied that the closure or prohibition will reasonably assist in preventing or controlling the public disorder. (2) The period that an authorisation relating to any licensed premises has effect must not exceed the period that the police officer giving the authorisation considers reasonably necessary for the purpose for which it is given, but must not in any case exceed 48 hours. The period that the authorisation has effect may be extended by the giving of a further authorisation, but only if the total period of the authorisation in relation to those premises does not exceed 48 hours. Note— The closure of licensed premises may be extended by the Licensing Court or by an order of an authorised officer under section 104A or 104C of the . Liquor Act 1982
(1) A police officer of or above the rank of Superintendent may, by instrument in writing, establish in an area within a public place an emergency alcohol-free zone if the police officer:
(a) has reasonable grounds for believing that there is a large-scale public disorder occurring in the vicinity of the area or there is a threat of such a disorder occurring in the near future, and (b) is satisfied that the establishment of the zone will assist in preventing or controlling the public disorder. (2) The period for which an emergency alcohol-free zone may be established in any area must not exceed the period that the police officer establishing the zone considers reasonably necessary for the purpose for which it is established, but must not in any case exceed 48 hours. The period for which the zone is established may be extended by a further instrument, but only if the total period that the zone is established in the area does not exceed 48 hours. (3) A police officer who finds a person or group of persons drinking or in possession of liquor in an emergency alcohol-free zone may warn the person or group of persons that it is an offence to drink liquor in the zone and that any liquor in the possession of the person or persons may be confiscated unless it is immediately removed from the zone.
(1) An authorisation may be given by the Commissioner of Police or by a Deputy or Assistant Commissioner of Police. The power conferred by this section cannot be delegated.
(1) An authorisation has effect, unless sooner revoked, during the period beginning at the time it is given and ending at the time specified in the authorisation.
(1) A police officer may request a person whose identity is unknown to the officer to disclose his or her identity if:
(a) the person is in an area that is the target of an authorisation (whether or not in or on a vehicle), or (b) the person is in or on a vehicle on a road that is the target of an authorisation, and the police officer reasonably suspects that the person has been involved or is likely to be involved in a public disorder.
(1) A police officer may, in connection with a search under this Division:
(a) seize and detain, for a period of not more than 7 days, a vehicle, mobile phone or other thing if the seizure and detention of the vehicle, phone or thing will assist in preventing or controlling a public disorder, or (b) seize and detain all or part of a thing (including a vehicle) that the officer suspects on reasonable grounds may provide evidence of the commission of a serious indictable offence (whether or not related to a public disorder).
(1) If a group of persons are assembled within an area that is the target of an authorisation, a police officer may give a direction to those persons, or to any of them, to disperse immediately. (2) For the purpose of complying with section 201 (1) (c), the police officer giving the direction must inform the person or persons to whom the direction is given that the direction is given for the purpose of preventing or controlling a public disorder.
(1) This section applies where:
(a) an authorisation has been given under this Division in connection with a public disorder, and (b) a vehicle is on a road that is not (or not in an area) the target of the authorisation.
(1) If:
(a) a police officer suspects on reasonable grounds that there is a large-scale public disorder occurring or a threat of such a disorder occurring in the near future, and (b) the officer suspects on reasonable grounds that the occupants of a vehicle on a road have participated or intend to participate in the public disorder, the officer may exercise the powers conferred under this Division in relation to the vehicle (and any person or thing in or on the vehicle) without an authorisation having been given under this Division in connection with the public disorder or threatened public disorder.
(1) The Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers under this Part.
Note— Safeguards relating to the exercise of powers under this Part are set out in Part 15.
(1) A police officer may exercise any of the crime scene powers set out in section 95 (1) (a)–(f) if:
(a) a crime scene has been established under this Part, and (b) the police officer exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence of the commission of an offence in relation to which the crime scene was established. (2) A police officer may exercise any of the other powers set out in section 95 (1), but only if:
(a) a crime scene has been established under this Part, and (b) the police officer or another police officer applies for a crime scene warrant in respect of the crime scene, and (c) the police officer suspects on reasonable grounds that it is necessary to immediately exercise the power to preserve evidence of the commission of an offence.
(1) A police officer may apply to an authorised officer for a crime scene warrant if the police officer suspects on reasonable grounds that it is necessary for the police officer or another police officer to exercise crime scene powers at specified premises for the purpose of preserving, or searching for and gathering, evidence of the commission of:
(a) a serious indictable offence, or (b) an offence that is being, or was, or may have been, committed in connection with a traffic accident that has resulted in the death of or serious injury to a person. (2) The authorised officer may, if satisfied that there are reasonable grounds for doing so, issue a crime scene warrant authorising any police officer to enter premises, to establish a crime scene on the premises (if a crime scene has not already been established) and to exercise all reasonably necessary crime scene powers at, or in relation to, a specified crime scene.
(1) A scene of crime officer may establish a crime scene in relation to a vehicle in a public place if:
(a) a vehicle has been reported as stolen by an owner or authorised user of the vehicle, and (b) the scene of crime officer suspects on reasonable grounds that the vehicle in relation to which the crime scene is to be established is that stolen vehicle. (2) Sections 91 and 93 apply in relation to a crime scene established by a scene of crime officer under this section in the same way as they apply to a crime scene established by a police officer.
Note— 1 A police officer also has the power, under section 50 of the , to arrest a person who breaches bail undertakings or agreements, or who the police officer believes on reasonable grounds is about to do so. Bail Act 1978 2 Safeguards relating to arrests by police officers, including the requirement to state the reason for an arrest, are set out in Part 15.
(cf , s 356E) Crimes Act 1900
(cf , s 353A) Crimes Act 1900
(cf , s 353A) Crimes Act 1900 (1) A court that finds an offence to which this section applies to have been proven against a person may order the person to present himself or herself in accordance with the terms of the order and submit to the taking, by the officer in charge of the police station specified in the order, of all particulars as are necessary to identify the person.
(1) A person from whom any finger-prints or palm-prints are taken under this Division in relation to an offence may request the Commissioner to destroy the finger-prints or palm-prints if the offence is not proven. (2) For the purposes of this section, an offence is not proven if:
(a) the person is found not guilty or is acquitted of the offence, or (b) the conviction of the person for the offence is quashed, and an acquittal is entered, on appeal, or (c) at the end of the period of 12 months after the finger-prints or palm-prints were taken (or, if an extension to that period is granted under section 137B, at the end of the extended period) proceedings in respect of the offence have not been instituted against the person or have been discontinued. (3) A request under this section is to be made by application in writing.
(1) A Magistrate may, by order made on application in accordance with this section, grant an extension to the period of 12 months referred to in section 137A (2) (c), or that period as previously extended under this section, in relation to particular finger-prints or palm-prints if satisfied that there are special reasons for doing so. (2) An application for an extension may be made by a police officer or the Director of Public Prosecutions.
(cf , s 3) Police Powers (Drug Premises) Act 2001
(cf , s 30) Road Transport (Safety and Traffic Management) Act 1999
Note— Safeguards relating to the exercise of the power to give a direction are set out in Part 15.
(cf , s 28F) Summary Offences Act 1988
(1) A police officer may give a direction to an intoxicated person who is in a group of 3 or more intoxicated persons in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication (referred to in this Part as relevant conduct ):
(a) is likely to cause injury to any other person or persons or damage to property, or (b) otherwise gives rise to a risk to public safety.
(cf , s 563, Crimes Act 1900 , s 6) Police Powers (Vehicles) Act 1998 (1) A police officer must provide the person subject to the exercise of a power referred to in subsection (3) with the following:
(a) evidence that the police officer is a police officer (unless the police officer is in uniform), (b) the name of the police officer and his or her place of duty, (c) the reason for the exercise of the power. (d) (2) A police officer must comply with subsection (1) in relation to a power referred to in subsection (3) (other than subsection (3) (g), (i) or (j)):
(a) if it is practicable to do so, before or at the time of exercising the power, or (b) if it is not practicable to do so before or at that time, as soon as is reasonably practicable after exercising the power. (2A) A police officer must comply with subsection (1) in relation to a power referred to in subsection (3) (g), (i) or (j) before exercising the power, except as otherwise provided by subsection (2B).
(1) A record, containing the particulars prescribed by the regulations, must be made by:
(a) any police officer who detains an intoxicated person under this Part and takes the person to an authorised place of detention, and (b) the person in charge of an authorised place of detention where an intoxicated person is detained (or a person authorised to do so by that person in charge), and (c) a person who, under this Part, searches a detained person.
(1) A Local Court may, on application by the Commissioner, make an order (a fortification removal order ) directing a person named in the order (being an owner or occupier of the premises) to remove or modify any fortifications at the premises, as specified in the order, within a period specified in the order.
(1) If the fortifications to which a fortification removal order applies are not removed or modified in accordance with a fortification removal order within the period required by the order or, if that period is extended or further extended by the Commissioner under this Part, within the extended period, the Commissioner may cause the fortifications to be removed or modified to the extent required by the order in accordance with this section.
(cf , s 28D) Summary Offences Act 1988
(1) For the period of 2 years from the date of commencement of each Part or Division concerned, the Ombudsman is to keep under scrutiny the exercise of the functions conferred on police officers under Division 2 of Part 4, Division 4 of Part 4 (in so far as it applies to searches under Division 2 of Part 4), Division 3 of Part 5, Division 4 of Part 5 (in so far as it applies to notices to produce documents and crime scene warrants), Part 7 and Part 15 (in so far as it relates to functions exercised under Division 2 of Part 4 and Part 7). (2) For that purpose, the Ombudsman may require the Commissioner or any public authority to provide information about the exercise of those functions.
(Section 241)