Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Law Enforcement (Powers and Responsibilities) Act 2002 No 103

An Act to consolidate and restate the law relating to police and other law enforcement officers' powers and responsibilities; to set out the safeguards applicable in respect of persons being investigated for offences; to repeal certain Acts and to consequentially amend other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Law Enforcement (Powers and Responsibilities) Act 2002.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Interpretation (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 the 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. body cavities of a person do not include the person's mouth. Commissioner means the Commissioner of Police. computer, for Part 5, Division 4A—see section 76AA. correctional centre has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999. covert search warrant means a search warrant issued under Division 2 of Part 5 that may be executed covertly. 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. criminal organisation search warrant means a search warrant issued under Division 2 of Part 5 in relation to an organised crime offence. 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 Weapons Prohibition Act 1998, or (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 (including a knife blade, razor blade or any other blade), 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. DECCD access order, for Part 5A, see section 80A. DECCD offence, for Part 5A, see section 80A. digital evidence access order, for Part 5—see section 46. 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. eligible applicant, for Part 5—see section 46. eligible issuing officer, for Part 5—see section 46. executing officer, for Part 5—see section 46. exercise a function includes perform a duty. face means a person's face— (a) from the top of the forehead to the bottom of the chin, and (b) between (but not including) the ears. face covering means an item of clothing, helmet, mask or any other thing that is worn by a person and prevents the person's face from being seen (whether wholly or partly). 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, and includes an imitation firearm within the meaning of that Act. 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. owner of a vehicle means the responsible person for a vehicle within the meaning of the Road Transport Act 2013, and includes— (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 the Police Act 1990 as a position to be held by a police officer. 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. relevant person, for Part 5A, see section 80A. road means a road within the meaning of section 4(1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act). road related area means a road related area within the meaning of section 4(1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act). 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 Education Act 1990, or (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. search warrant, for Part 5, Division 4A—see section 76AA. senior police officer means— (a) a Police Area Commander, or (a1) a Police District Commander, or (b) a Duty Officer for a police station, or (c) any other police officer of the rank of Inspector or above.