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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Amendment (Miscellaneous) Bill
2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Act 1990 No 47 2
4 Amendment of other Acts 2
5 Repeal of Act 2
Schedule 1 Amendments to Police Act 1990 relating to testing
for alcohol, drugs and steroids 3
Schedule 2 Miscellaneous amendments to Police Act 1990 6
Schedule 3 Amendment of other Acts 16
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Police Amendment (Miscellaneous) Bill
2006
Act No , 2006
An Act to amend the Police Act 1990 to make further provision for the testing of
police officers for the presence of alcohol, prohibited drugs and steroids and with
respect to police complaints, to rename NSW Police as the NSW Police Force and to
make miscellaneous amendments to the Police Act 1990 and other Acts following a
statutory review of the Police Act 1990; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Police Amendment (Miscellaneous) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Amendment (Miscellaneous) Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Police Act 1990 No 47
The Police Act 1990 is amended as set out in Schedules 1 and 2.
4 Amendment of other Acts
The Acts specified in Schedule 3 are amended as set out in that
Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Police Amendment (Miscellaneous) Bill 2006
Amendments to Police Act 1990 relating to testing for alcohol, drugs and Schedule 1
steroids
Schedule 1 Amendments to Police Act 1990 relating
to testing for alcohol, drugs and steroids
(Section 3)
[1] Section 211A Testing of police officers for alcohol and prohibited drugs
Insert "(or both)" after "urine or hair" in section 211A (1) (b).
[2] Section 211A (2A)
Omit the subsection. Insert instead:
(2A) An authorised person must require any police officer directly
involved in a mandatory testing incident to:
(a) undergo a breath test, or submit to a breath analysis, for the
purpose of testing for the presence of alcohol, and
(b) provide a sample of their urine or hair (or both) for the
purpose of testing for the presence of prohibited drugs,
in accordance with the directions of the authorised person and the
regulations.
[3] Section 211A (4A) and (4B)
Omit "incident" wherever occurring.
Insert instead "mandatory testing incident".
[4] Section 211A (4E), (4F) and (4G)
Insert after section 211A (4D):
(4E) A police officer of or above the rank of superintendent may direct
any off duty police officer to accompany another police officer to
any police premises to report for duty to provide a sample of the
off duty police officer's urine or hair (or both) for the purpose of
testing for the presence of prohibited drugs. The selection of
police officers for testing pursuant to this subsection is to be
conducted on a targeted basis, as determined by the
Commissioner.
(4F) A police officer directed to accompany another police officer
pursuant to subsection (4E) must not refuse to do so without
reasonable excuse.
(4G) For the purposes of subsection (4E), a police officer is taken to be
off duty other than when a police officer is required to report for
duty in accordance with a roster.
Page 3
Police Amendment (Miscellaneous) Bill 2006
Schedule 1 Amendments to Police Act 1990 relating to testing for alcohol, drugs and
steroids
[5] Section 211A (5) (i)
Insert after section 211A (5) (h):
(i) the circumstances amounting to reasonable excuse for
failing to accompany a police officer pursuant to
subsection (4E).
[6] Section 211A (7)
Insert in alphabetical order:
mandatory testing incident means an incident where a person is
killed or seriously injured:
(a) as a result of the discharge of a firearm by a police officer,
or
(b) as a result of the application of physical force by a police
officer, or
(c) while detained by a police officer, or while in police
custody, or
(d) in circumstances involving a police aircraft, motor vehicle
or vessel.
police premises means any police station, command, building,
structure or any other area occupied from time to time by the
NSW Police Force.
[7] Section 211AA
Insert after section 211A:
211AA Testing of officers for steroids
(1) An authorised person may require any police officer who is on
duty in accordance with a roster to provide a sample of the police
officer's urine for the purpose of testing for the presence of
steroids. The selection of police officers for testing pursuant to
this subsection is to be conducted on a targeted basis, as
determined by the Commissioner.
(2) The regulations may make provision for or with respect to the
following:
(a) the authorisation of persons:
(i) to administer tests for the purpose of detecting the
presence of steroids, and
(ii) to operate equipment for that purpose,
(b) the conduct of testing,
(c) the taking of samples of urine,
Page 4
Police Amendment (Miscellaneous) Bill 2006
Amendments to Police Act 1990 relating to testing for alcohol, drugs and Schedule 1
steroids
(d) the devices used in carrying out tests,
(e) the accreditation of persons conducting analyses for the
presence of steroids,
(f) the procedure for the handling and analysis of samples of
urine,
(g) offences relating to interference with test results or the
testing procedure,
(h) the confidentiality of test results,
(i) requests for production of medical prescriptions for
steroids and offences relating to failure to comply with
such requests.
(3) The annual report of the NSW Police Force prepared under the
Annual Reports (Departments) Act 1985 must include details of:
(a) the number of tests for steroids conducted during the
relevant year, and
(b) the number of those tests that indicated that a police officer
had tested positive for the presence of steroids.
(4) In this section:
authorised person means a person authorised in accordance with
the regulations to conduct tests for the purposes of this section
and the regulations.
steroid means anabolic and androgenic steroidal agents included
in Schedule Four to the Poisons List under the Poisons and
Therapeutic Goods Act 1966.
[8] Section 211B Code of behaviour regarding the consumption of alcohol
and the use of prohibited drugs or steroids
Insert "and steroids" after "prohibited drugs" in section 211B (1).
[9] Section 211B (2) (a) and (d)
Insert "or steroids" after "prohibited drugs" wherever occurring.
Page 5
Police Amendment (Miscellaneous) Bill 2006
Schedule 2 Miscellaneous amendments to Police Act 1990
Schedule 2 Miscellaneous amendments to Police
Act 1990
(Section 3)
[1] The whole Act (except Schedule 4)
Omit "NSW Police" wherever occurring (except where elsewhere specifically
referred to in this Schedule).
Insert instead "the NSW Police Force".
[2] The whole Act (except Schedule 4)
Omit "NSW Police Senior Executive Service" wherever occurring (except
where elsewhere specifically referred to in this Schedule).
Insert instead "the NSW Police Force Senior Executive Service".
[3] Long title
Omit the long title. Insert instead:
An Act to establish the NSW Police Force, to provide for the
management of the NSW Police Force and for the employment of
its members of staff; and for other purposes.
[4] Section 3 Definitions
Omit "is described in Schedule 2" wherever occurring from the definitions of
Assistant Commissioner and Deputy Commissioner in section 3 (1).
Insert instead "is determined by the Minister under Division 2 of Part 5".
[5] Section 3 (1)
Omit the definitions of NSW Police and NSW Police Senior Executive
Service.
Insert instead in alphabetical order:
NSW Police Force means the NSW Police Force established by
this Act.
NSW Police Force Senior Executive Service means the NSW
Police Force Senior Executive Service established by this Act.
[6] Section 3 (1)
Insert in alphabetical order:
police education course means a course of education determined
by the Commissioner to be a police education course for the
purposes of one or more provisions of this Act or the regulations.
Page 6
Police Amendment (Miscellaneous) Bill 2006
Miscellaneous amendments to Police Act 1990 Schedule 2
student of policing means a person (other than a police officer)
who is undergoing a police education course.
[7] Part 2, heading
Omit "NSW Police". Insert instead "NSW Police Force".
[8] Section 4 Establishment of NSW Police Force
Omit "NSW Police". Insert instead "The NSW Police Force".
[9] Sections 5 and 6 (2)
Omit "NSW Police" wherever occurring.
Insert instead "The NSW Police Force".
[10] Section 6 Mission and functions of NSW Police Force
Omit section 6 (1). Insert instead:
(1) The mission of the NSW Police Force is to work with the
community to reduce violence, crime and fear.
[11] Part 3 Protective Security Group
Omit the Part.
[12] Part 5, heading
Omit "NSW Police". Insert instead "NSW Police Force".
[13] Section 32 Definitions
Omit the definitions of executive officer and executive position from section
32 (1).
Insert instead:
executive officer means a person holding a position for the time
being determined to be an executive position under section 33
(1).
executive position means a position referred to in section 33 (1).
Page 7
Police Amendment (Miscellaneous) Bill 2006
Schedule 2 Miscellaneous amendments to Police Act 1990
[14] Part 5, Division 2
Omit the Division. Insert instead:
Division 2 Composition of NSW Police Force Senior
Executive Service
33 Composition of NSW Police Force Senior Executive Service
(1) The NSW Police Force Senior Executive Service comprises the
persons holding positions for the time being determined by the
Minister to be executive positions.
(2) A list of the positions determined under subsection (1) is to be
made publicly available on the website of the NSW Police Force.
34 Positions that may be determined to be executive positions
(1) The Minister may determine a position to be an executive
position only if the position is a position in the NSW Police Force
recommended by the Commissioner for inclusion in the NSW
Police Force Senior Executive Service.
(2) The position of either a police officer who is of or above the rank
of superintendent or an administrative officer may be determined
to be an executive position.
(3) The position of Commissioner is not a position in the NSW
Police Force Senior Executive Service.
[15] Section 39 Appointment to be made on merit
Insert after section 39 (2):
(2A) The Commissioner is, for the purpose of determining the merit of
the persons eligible for appointment to a vacant executive
position under this section, to have regard to:
(a) the nature of the duties of the position, and
(b) the abilities, qualifications, experience, standard of work
performance and personal qualities of those persons that
are relevant to the performance of those duties.
Page 8
Police Amendment (Miscellaneous) Bill 2006
Miscellaneous amendments to Police Act 1990 Schedule 2
[16] Sections 57 and 58
Omit the sections. Insert instead:
57 Change in status of positions
(1) If a position ceases to be an executive position by determination
of the Minister under this Part:
(a) the position is not thereby abolished, and
(b) any person holding the position is to be taken to have been
appointed to the position in accordance with the relevant
provisions.
(2) However, the determination by which a position is omitted may
direct that the person holding the position is to cease to hold that
position, but only if the person was not employed in the public
sector (within the meaning of Division 6) immediately before last
becoming an executive officer.
(3) The person to whom any such direction relates ceases to hold the
position concerned and has the same rights and obligations as if
the person had ceased to be an executive officer as referred to in
section 51 (4).
(4) A determination that omits or adds an executive position may
contain other provisions of a savings or transitional nature
consequent on a position becoming or ceasing to be an executive
position or becoming a different kind of executive position.
58 Change in title of positions
A position referred to in a determination of the Minister under
this Part does not cease to be an executive position merely
because of a change in the title of the position.
[17] Part 7, heading
Omit "NSW Police". Insert instead "NSW Police Force".
[18] Part 8, heading
Omit "NSW Police". Insert instead "NSW Police Force".
[19] Section 96 Attachment of wages or salary of members of NSW Police
Omit the section.
Page 9
Police Amendment (Miscellaneous) Bill 2006
Schedule 2 Miscellaneous amendments to Police Act 1990
[20] Section 98
Insert after section 97A:
98 Recognition of commissioned officers
(1) The Governor may issue a document recognising the
appointment of a police officer or other person to the position of
a commissioned police officer.
(2) Recognition by the Governor does not affect the manner of
appointment of a person to a position of the rank of
commissioned police officer under this Act or any other
provision of this Act or the regulations relating to the
employment of such a police officer.
[21] Section 121 Definitions
Omit the definitions of Category 1 complaint (including the note to the
definition) and Category 2 complaint.
[22] Section 121, definition of "notifiable complaint"
Omit "Category 2".
[23] Section 125, note
Omit the note. Insert instead:
Note. Section 70 (5) of the Police Integrity Commission Act 1996
provides as follows:
(5) A complaint, to the extent that it is investigated by the
Commission, cannot be dealt with as a complaint under Part 8A
of the Police Act 1990 and for that purpose is taken not to be a
police complaint, except as directed by the Commission either
generally or in any particular case or as directed by the
regulations.
[24] Section 129 Registration of complaints
Omit "Category 1 complaint (or a specified class of Category 1 complaints)"
from section 129 (2).
Insert instead "complaint or a specified class of complaints".
[25] Section 130 Complaints received by Commissioner
Omit section 130 (2). Insert instead:
(2) As soon as practicable after receiving a notifiable complaint,
whether directly or as a result of it being forwarded as referred to
in subsection (1), the Commissioner must cause a copy of the
complaint to be sent to the Ombudsman.
Page 10
Police Amendment (Miscellaneous) Bill 2006
Miscellaneous amendments to Police Act 1990 Schedule 2
[26] Sections 131 and 132
Omit the sections. Insert instead:
131 Complaints received by Police Integrity Commission
(1) As soon as practicable after receiving a complaint, the Police
Integrity Commission must refer the complaint to the
Commissioner.
(2) The Police Integrity Commission is not required to refer a
complaint (or part of a complaint) to the Commissioner if of the
opinion that it is not in the public interest to do so.
(3) The Police Integrity Commission may, instead of referring a
complaint to the Commissioner, forward a summary or
appropriate details of the complaint, if of the opinion that there
are reasonable grounds for not referring the complaint.
(4) The Police Integrity Commission may cause a copy of a
complaint (or part of a complaint) that it decides not to refer to
the Commissioner to be sent to the Ombudsman.
132 Complaints received by Ombudsman
(1) As soon as practicable after receiving a complaint, the
Ombudsman must refer the complaint to the Commissioner.
(2) The Ombudsman is not required to refer a complaint (or part of a
complaint) to the Commissioner if of the opinion that it is not in
the public interest to do so.
(3) The Ombudsman may, instead of referring a complaint to the
Commissioner, forward a summary or appropriate details of the
complaint, if of the opinion that there are reasonable grounds for
not referring the complaint.
(4) The Ombudsman may cause a copy of a complaint (or part of a
complaint) that the Ombudsman decides not to refer to the
Commissioner to be sent to the Police Integrity Commission.
[27] Section 133 Complaints lodged at Local Courts
Omit section 133 (4).
[28] Section 138 Action on complaint not affected by failure to comply with
Division
Omit section 138 (2).
Page 11
Police Amendment (Miscellaneous) Bill 2006
Schedule 2 Miscellaneous amendments to Police Act 1990
[29] Section 149 Other police investigations not affected
Omit section 149 (2). Insert instead:
(2) Without affecting the generality of section 70 (5) of the Police
Integrity Commission Act 1996, a matter that is the subject of a
complaint being investigated by the Police Integrity Commission
under that Act must not be investigated under this Part, or
otherwise, by the Commissioner unless:
(a) it is referred to the Commissioner by the Commission to be
dealt with under this Part, or
(b) such an investigation is authorised to be carried out by the
regulations or by the Commission, either generally or in a
particular case.
[30] Section 168 Police Integrity Commission may take over Category 2
complaint
Omit the section.
[31] Section 172 Use of Federal and interstate police for investigations
Omit "section 6 of the Prohibited Weapons Act 1989" from section 172 (2) (b)
(ii).
Insert instead "section 7 of the Weapons Prohibition Act 1998".
[32] Part 9, heading
Omit "NSW Police". Insert instead "NSW Police Force".
[33] Part 10, heading
Omit "NSW Police". Insert instead "NSW Police Force".
[34] Section 200 Bribery or corruption
Omit section 200 (3).
[35] Section 202 Admission to NSW Police Force as police officer under false
pretences
Omit "NSW Police or" from section 202 (a).
Insert instead "the NSW Police Force or NSW Police or".
[36] Section 203 Wearing or possession of police uniforms by others
Omit "Traffic Act 1909" from the definition of motor vehicle in section 203
(8).
Insert instead "Road Transport (General) Act 2005".
Page 12
Police Amendment (Miscellaneous) Bill 2006
Miscellaneous amendments to Police Act 1990 Schedule 2
[37] Section 203, penalty provision
Omit "imprisonment for 6 months". Insert instead "imprisonment for 2 years".
[38] Section 204 Impersonation of police officers
Omit the section.
[39] Section 204A Use of "police" in operating name
Omit "Business Names Act 1962" from section 204A (5).
Insert instead "Business Names Act 2002".
[40] Section 204B Consents for the purposes of section 204A
Omit "Business Names Act 1962" from section 204B (5) (b) (ii).
Insert instead "Business Names Act 2002".
[41] Section 204B (5) (b)
Omit "Director-General of the Department of Fair Trading".
Insert instead "Commissioner for Fair Trading, Department of Commerce".
[42] Section 204B (5), note and (6)
Omit "Director-General of Fair Trading" wherever occurring.
Insert instead "Commissioner for Fair Trading, Department of Commerce".
[43] Section 204B (5), paragraphs (a) and (b) of the note
Omit "Director-General" wherever occurring.
Insert instead "Commissioner for Fair Trading".
[44] Section 216AA Special risk benefit where student of policing hurt while
undergoing police education
Omit the definitions of police education course and student of policing from
section 216AA (6).
[45] Section 219 Regulations
Omit "NSW Police" from section 219 (2) (i).
Insert instead "the NSW Police Force or students of policing".
Page 13
Police Amendment (Miscellaneous) Bill 2006
Schedule 2 Miscellaneous amendments to Police Act 1990
[46] Section 222
Omit the section. Insert instead:
222 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the
Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to the Police Amendment
(Miscellaneous) Act 2006.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the end of the period
of 5 years.
[47] Schedule 2 NSW Police senior executive positions
Omit the Schedule.
[48] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Police Amendment (Miscellaneous) Act 2006
[49] Schedule 4
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Police Amendment (Miscellaneous) Act
2006
Definition
In this Part:
amending Act means the Police Amendment (Miscellaneous) Act
2006.
Construction of references to NSW Police and NSW Police Senior
Executive Service
(1) Subject to the regulations, in any other Act or instrument:
(a) a reference to NSW Police (however expressed) is to be
construed as a reference to the NSW Police Force, and
Page 14
Police Amendment (Miscellaneous) Bill 2006
Miscellaneous amendments to Police Act 1990 Schedule 2
(b) a reference to a member of NSW Police (however
expressed) is to be construed as a reference to a member of
the NSW Police Force, and
(c) a reference to NSW Police Senior Executive Service
(however expressed) is to be construed as a reference to the
NSW Police Force Senior Executive Service.
(2) Subject to the regulations, a reference in a provision of any other
Act or instrument that commenced or was inserted before the
commencement of this Act to a member of the Police Force is to
be construed as a reference to a police officer.
Existing executive positions
(1) The positions listed in Schedule 2 to this Act, as in force
immediately before the repeal of that Schedule by the amending
Act, are taken to be positions determined by the Minister under
Division 2 of Part 5 and this Act applies accordingly.
(2) Any such position or positions may be the subject of a
determination by the Minister under Division 2 of Part 5
amending or omitting them.
Page 15
Police Amendment (Miscellaneous) Bill 2006
Schedule 3 Amendment of other Acts
Schedule 3 Amendment of other Acts
(Section 4)
3.1 Australian Crime Commission (New South Wales) Act 2003
No 13
Section 19 Administrative arrangements with Commonwealth
Omit "member of NSW Police".
Insert instead "member of the NSW Police Force".
3.2 Bail Act 1978 No 161
Section 25A Stay of decision to grant bail if review sought
Omit "member of NSW Police" from the definition of authorised officer in
section 25A (6).
Insert instead "member of the NSW Police Force".
3.3 Child Protection (Offenders Prohibition Orders) Act 2004
No 46
Sections 17 and 18 (3) (c)
Omit "member of NSW Police" wherever occurring.
Insert instead "member of the NSW Police Force".
3.4 Child Protection (Offenders Registration) Act 2000 No 42
[1] Section 12E Power to take fingerprints
Omit "NSW Police" from section 12E (b).
Insert instead "the NSW Police Force".
[2] Section 21A Certificate evidence
Omit "member of NSW Police" from section 21A (1).
Insert instead "member of the NSW Police Force".
3.5 Commission for Children and Young People Act 1998 No 146
Sections 45C (2) (c) and 45F
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
Page 16
Police Amendment (Miscellaneous) Bill 2006
Amendment of other Acts Schedule 3
3.6 Conveyancers Licensing Act 2003 No 3
Section 161 Disclosure of information
Omit "member of NSW Police" from paragraph (a) of the definition of law
enforcement officer in section 161 (5).
Insert instead "member of the NSW Police Force".
3.7 Crimes Act 1900 No 40
[1] Section 33B Use or possession of weapon to resist arrest etc
Omit "member of the police force from investigating any act or circumstance
which reasonably calls for investigation by the member shall be" from section
33B (1).
Insert instead "police officer from investigating any act or circumstance which
reasonably calls for investigation by the officer is".
[2] Section 546C Resisting etc police
Omit "member of the police force". Insert instead "police officer".
[3] Section 546D
Insert after section 546C:
546D Impersonation of police officers
(1) General offence
A person who impersonates a police officer is guilty of an
offence.
Maximum penalty: Imprisonment for 2 years, or a fine of 100
penalty units, or both.
(2) Aggravated offence
A person who, with intent to deceive:
(a) impersonates a police officer, and
(b) purports to exercise a power or function as a police officer,
is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
(3) An offence against subsection (1) is a summary offence.
(4) In this section:
impersonation does not include conduct engaged in solely for
satirical purposes.
Page 17
Police Amendment (Miscellaneous) Bill 2006
Schedule 3 Amendment of other Acts
[4] Section 547B Public mischief
Omit "member of the police force" wherever occurring.
Insert instead "police officer".
3.8 Criminal Assets Recovery Act 1990 No 23
Section 59A Ministerial arrangements for things seized in connection
with extra-territorial offences
Omit "NSW Police" from paragraph (a) of the definition of appropriate
authority in section 59A (3).
Insert instead "the NSW Police Force".
3.9 Criminal Procedure Act 1986 No 209
Schedule 1 Indictable offences triable summarily
Insert after clause 16A of Table 1:
16B Impersonating police officers
An offence under section 546D (2) of the Crimes Act 1900.
3.10 Drug Misuse and Trafficking Act 1985 No 226
Sections 39PB and 39RA
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
3.11 Fair Trading Act 1987 No 68
Section 9A Exchange of information
Omit "NSW Police" from paragraph (a) of the definition of law enforcement
agency in section 9A (7).
Insert instead "the NSW Police Force".
3.12 Firearms Act 1996 No 46
Section 78 Compensation for surrendering prohibited pistols and
post-1946 pistols
Omit "member of NSW Police" from section 78 (2) (b), (3) (b) and (4) (c)
wherever occurring.
Insert instead "member of the NSW Police Force".
Page 18
Police Amendment (Miscellaneous) Bill 2006
Amendment of other Acts Schedule 3
3.13 First State Superannuation Act 1992 No 100
Section 6 Employers to whom Act applies
Omit "NSW Police" from section 6 (2) wherever occurring.
Insert instead "the NSW Police Force".
3.14 Freedom of Information Act 1989 No 5
Schedule 1 Exempt documents
Omit "NSW Police" from clause 4 (3) (b) and (3A) wherever occurring.
Insert instead "the NSW Police Force".
3.15 Health Records and Information Privacy Act 2002 No 71
Section 4 Definitions
Omit "NSW Police" from paragraph (c) of the definition of public sector
official in section 4 (1).
Insert instead "the NSW Police Force".
3.16 Health Services Act 1997 No 154
[1] Section 115 (2), note
Omit "NSW Police". Insert instead "the NSW Police Force".
[2] Section 121P Incumbent officers' accrued leave
Omit "member of NSW Police" from section 121P (5) (b).
Insert instead "member of the NSW Police Force".
3.17 Industrial Relations Act 1996 No 17
Dictionary
Omit "NSW Police" from the definition of public sector employee.
Insert instead "the NSW Police Force".
Page 19
Police Amendment (Miscellaneous) Bill 2006
Schedule 3 Amendment of other Acts
3.18 Interpretation Act 1987 No 15
Section 21 Meanings of commonly used words and expressions
Omit the definitions of NSW Police, Police Force and police officer from
section 21 (1).
Insert instead in alphabetical order:
NSW Police Force means the NSW Police Force established by
the Police Act 1990.
police officer means a member of the NSW Police Force who is
a police officer within the meaning of the Police Act 1990.
3.19 Law Enforcement and National Security (Assumed
Identities) Act 1998 No 154
The whole Act
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
3.20 Law Enforcement (Controlled Operations) Act 1997 No 136
The whole Act
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
3.21 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
[1] The whole Act (except Schedule 4)
Omit "NSW Police" wherever occurring (except where elsewhere specifically
referred to in this Subschedule).
Insert instead "the NSW Police Force".
[2] Section 3 Interpretation
Omit the definition of NSW Police from section 3 (1).
Insert instead:
NSW Police Force means the NSW Police Force established by
the Police Act 1990.
Page 20
Police Amendment (Miscellaneous) Bill 2006
Amendment of other Acts Schedule 3
3.22 Pawnbrokers and Second-hand Dealers Act 1996 No 13
Section 44 Disclosure or use of personal information by licensees and
others
Omit "member of NSW Police" from paragraph (a) of the definition of law
enforcement officer in section 44 (4).
Insert instead "member of the NSW Police Force".
3.23 Photo Card Act 2005 No 20
Section 19 Release of photographs prohibited
Omit "NSW Police" from section 19 (1) (a).
Insert instead "the NSW Police Force".
3.24 Police Association Employees (Superannuation) Act 1969
No 33
Section 2 Definitions
Omit "NSW Police" from the definition of member of the police force in
section 2 (1).
Insert instead "the NSW Police Force".
3.25 Police Integrity Commission Act 1996 No 28
[1] The whole Act
Omit "NSW Police" wherever occurring (except where elsewhere specifically
referred to in this Subschedule).
Insert instead "the NSW Police Force".
[2] Section 4 Definitions
Omit the definitions of Category 1 complaint and serious police misconduct
from section 4 (1).
[3] Section 13 Principal functions
Omit section 13 (1) (a)-(c). Insert instead:
(a) to prevent police misconduct,
(b) to detect or investigate, or manage or oversee other
agencies in the detection or investigation of, police
misconduct,
Page 21
Police Amendment (Miscellaneous) Bill 2006
Schedule 3 Amendment of other Acts
[4] Section 14 (e) and (f)
Omit section 14 (e) and (f).
[5] Sections 13 (3) and 30 (2) (b)
Omit "serious" wherever occurring.
[6] Section 67 Definition of Category 1 complaint
Omit the section.
[7] Section 68 Application of Part
Omit section 68 (3).
[8] Section 69 Copies of Category 1 complaints to be forwarded to
Commission
Omit the section.
[9] Sections 70 and 71
Omit sections 70-73. Insert instead:
70 Powers of Commission in respect of police complaints
(1) The Commission may decide in relation to a police complaint
(however made):
(a) to investigate or take over the investigation of the
complaint, or
(b) to investigate or take over the investigation of part of the
complaint, or
(c) to refer the complaint or part of the complaint to the
Ombudsman or to the Commissioner of Police to be dealt
with in accordance with Part 8A of the Police Act 1990.
(2) The Commission may review any decision made by it under this
section.
(3) The Commission may investigate any matter relating to a police
complaint even though it refers the complaint or part of the
complaint to be dealt with in accordance with Part 8A of the
Police Act 1990.
(4) The Commission may make a decision under this section before
the commencement of an investigation by the Commissioner of
Police under Part 8A of the Police Act 1990, during the progress
of any such investigation or after any such investigation.
Page 22
Police Amendment (Miscellaneous) Bill 2006
Amendment of other Acts Schedule 3
(5) A complaint, to the extent that it is investigated by the
Commission, cannot be dealt with as a complaint under Part 8A
of the Police Act 1990 and for that purpose is taken not to be a
police complaint, except as directed by the Commission either
generally or in any particular case or as directed by the
regulations.
71 Commissioner of Police to be notified of take over or referral of
investigation
(1) The Commission must notify the Commissioner of Police of any
decision to investigate or take over the investigation of a police
complaint or part of a police complaint or to refer a complaint or
part of a complaint to be dealt with in accordance with Part 8A of
the Police Act 1990.
(2) The Commission must notify the Commissioner of Police of any
change to a decision referred to in subsection (1).
(3) If the Commission makes a decision to investigate or take over
the investigation of part of a police complaint, or to refer to the
Commissioner of Police part of a police complaint, the
Commission is to revise the complaint by removing the reference
to the part of the conduct concerned that it has decided to
investigate itself. The Commission is to provide a copy of the
revised complaint to the Commissioner of Police.
(4) The revised complaint is to be dealt with in accordance with Part
8A of the Police Act 1990.
(5) The Commission is not the complainant for a revised complaint
and the original complainant continues to be the complainant for
the purposes of the revised complaint.
[10] Section 74 Termination of police investigations
Omit "If the Commissioner of Police is directed under this Part not to
investigate a Category 1 complaint (or any part of a Category 1 complaint)"
from section 74 (1).
Insert instead "If the Commissioner of Police is notified under this Part of a
decision by the Commission to investigate or take over the investigation of a
police complaint or any part of a police complaint".
[11] Section 99 Annual reports
Omit "NSW Police Senior Executive Service" from section 99 (2) (c).
Insert instead "the NSW Police Force Senior Executive Service".
Page 23
Police Amendment (Miscellaneous) Bill 2006
Schedule 3 Amendment of other Acts
[12] Section 128 Notification of police complaints by ICAC to Ombudsman or
PIC
Omit "serious police misconduct" wherever occurring in section 128 (2) and
(3).
Insert instead "police misconduct of a kind that should be referred to PIC".
[13] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Police Amendment (Miscellaneous) Act 2006 (but only to the
extent that it amends this Act)
[14] Schedule 3
Insert at the end of the Schedule with appropriate Part and clause numbering:
Part Provisions consequent on enactment of
Police Amendment (Miscellaneous) Act
2006
Complaints
Sections 70 and 71, as substituted by the Police Amendment
(Miscellaneous) Act 2006, and section 74, as amended by that
Act, apply to complaints made before the commencement of
those sections and that amendment.
3.26 Police Regulation (Superannuation) Act 1906 No 28
The whole Act
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
3.27 Prevention of Cruelty to Animals Act 1979 No 200
Section 24J Powers of inspectors in relation to care of animals
Omit "NSW Police" from section 24J (4) wherever occurring.
Insert instead "the NSW Police Force".
Page 24
Police Amendment (Miscellaneous) Bill 2006
Amendment of other Acts Schedule 3
3.28 Privacy and Personal Information Protection Act 1998
No 133
[1] Section 3 Definitions
Omit "NSW Police" from paragraph (a) of the definition of law enforcement
agency in section 3 (1).
Insert instead "the NSW Police Force".
[2] Section 3 (1), definition of "public sector agency"
Omit "NSW Police" from paragraph (e).
Insert instead "the NSW Police Force".
[3] Section 3 (1), definition of "public sector official"
Omit "NSW Police" from paragraph (c).
Insert instead "the NSW Police Force".
[4] Section 27 Specific exemptions (ICAC, ICAC Inspector and Inspector's
staff, NSW Police Force, PIC, Inspector of PIC and Inspector's staff and
NSW Crime Commission)
Omit "NSW Police" from section 27 (1) and (2) wherever occurring.
Insert instead "the NSW Police Force".
3.29 Public Finance and Audit Act 1983 No 152
[1] The whole Act (except Schedule 3)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
[2] Schedule 3 Departments
Omit the matter relating to NSW Police.
Insert instead in Columns 1 and 2, respectively:
NSW Police Force Commissioner of Police
Page 25
Police Amendment (Miscellaneous) Bill 2006
Schedule 3 Amendment of other Acts
3.30 Public Sector Employment and Management Act 2002 No 43
[1] Section 3 Definitions
Omit "NSW Police" from paragraph (c) of the definition of public sector
service in section 3 (1).
Insert instead "the NSW Police Force".
[2] Section 4A, note and section 78 (9) (a)
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
[3] Section 114 Definitions
Omit "member of NSW Police" from section 114 (3) (a) (ii).
Insert instead "member of the NSW Police Force".
3.31 Road Transport (General) Act 2005 No 11
Section 255 Register of written off and wrecked motor vehicles
Omit "NSW Police" from section 255 (6) (a).
Insert instead "the NSW Police Force".
3.32 Security Industry Act 1997 No 157
[1] Sections 6 (2) (a) and 18 (7) (a)
Omit "member of NSW Police" wherever occurring.
Insert instead "member of the NSW Police Force".
[2] Section 45A Penalty notices
Omit "member of the NSW Police" from section 45A (9) (a).
Insert instead "member of the NSW Police Force".
3.33 State Emergency and Rescue Management Act 1989 No 165
[1] Section 3 Definitions
Omit "NSW Police" from the definition of emergency services organisation
in section 3 (1).
Insert instead "the NSW Police Force".
Page 26
Police Amendment (Miscellaneous) Bill 2006
Amendment of other Acts Schedule 3
[2] Section 3 (1), definition of "government agency"
Omit "NSW Police" from paragraph (c).
Insert instead "the NSW Police Force".
[3] Sections 18 (1B) and 51 (2) and (3)
Omit "member of NSW Police" wherever occurring.
Insert instead "member of the NSW Police Force".
[4] Section 26 NSW Police Force to provide executive support for District
Emergency Management Committee and Operations Controller
Omit "NSW Police" from section 26 (1).
Insert instead "The NSW Police Force".
[5] Section 43 Composition of Board
Omit "member of NSW Police Senior Executive Service" from section 43 (1)
(c).
Insert instead "member of the NSW Police Force Senior Executive Service".
[6] Section 53 Offence to operate rescue unit or rescue vehicle without
accreditation
Omit "NSW Police" from section 53 (2) (a).
Insert instead "the NSW Police Force".
[7] Section 63B Offences relating to emergency services organisations
Omit "NSW Police" from paragraph (a) of the definition of emergency
services organisation insignia in section 63B (4).
Insert instead "the NSW Police Force".
[8] Section 63B (4), definition of "emergency services organisation officer"
Omit "NSW Police". Insert instead "the NSW Police Force".
3.34 State Emergency Service Act 1989 No 164
[1] Section 8 Functions of Service
Omit "members of NSW Police" from section 8 (1) (g).
Insert instead "members of the NSW Police Force".
Page 27
Police Amendment (Miscellaneous) Bill 2006
Schedule 3 Amendment of other Acts
[2] Section 21 Duty to recognise authority of Director-General and
emergency officers
Omit "member of NSW Police" from section 21 (1).
Insert instead "member of the NSW Police Force".
3.35 Terrorism (Police Powers) Act 2002 No 115
The whole Act
Omit "NSW Police" wherever occurring.
Insert instead "the NSW Police Force".
3.36 Valuers Act 2003 No 4
Section 38 Disclosure of information
Omit "member of NSW Police" from paragraph (a) of the definition of law
enforcement officer in section 38 (5).
Insert instead "member of the NSW Police Force".
3.37 Workplace Surveillance Act 2005 No 47
Section 3 Definitions
Omit "NSW Police" from paragraph (a) of the definition of law enforcement
agency.
Insert instead "the NSW Police Force".
Page 28
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