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RESTRICTED PREMISES ACT 1943 - SECT 20A
Monitoring of police powers and new offence provisions by Ombudsman
20A Monitoring of police powers and new offence provisions by Ombudsman
(1) For the period of 2 years after the commencement of the amendment made to
section 10 of this Act by the Firearms and Criminal Groups Legislation
Amendment Act 2013 , the Ombudsman is to keep under scrutiny the exercise of
powers conferred on police officers as a consequence of the amendments made to
this Act by that amendment Act (the
"relevant police powers" ).
(2) For that purpose, the Ombudsman may require
the Commissioner of Police to provide information about the exercise of the
relevant police powers.
(3) In that period, the Ombudsman is to also monitor
the operation of sections 8 (2A) and 9 (3) (the
"new offence provisions" ). For that purpose, the Commissioner of Police is to
ensure that the Ombudsman is provided with information about any prosecutions
brought under the new offence provisions.
(4) The Ombudsman must, as soon as
practicable after the end of that 2-year period, prepare a report on the
exercise of the relevant police powers and on the operation of the
new offence provisions and furnish a copy of the report to the Minister, the
Attorney General and the Commissioner of Police.
(5) The Ombudsman may in the
report identify, and include recommendations for consideration by the Minister
about, amendments that might appropriately be made to this Act with respect to
the exercise of the relevant police powers and the new offence provisions.
(6) The Minister is to lay (or cause to be laid) a copy of the report
furnished to the Minister under this section before both Houses of Parliament
as soon as practicable after the Minister receives the report.
(7) If a House
of Parliament is not sitting when the Minister seeks to lay a report before
it, the Minister may present copies of the report to the Clerk of the House
concerned.
(8) The report that is presented to the Clerk of a House-- (a) is,
on presentation and for all purposes, taken to have been laid before the
House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if so printed, is for all purposes taken to be a document published by or
under the authority of the House, and
(d) is to be recorded-- (i) in the case
of the Legislative Council, in the Minutes of the Proceedings of the
Legislative Council, and
(ii) in the case of the Legislative Assembly, in the
Votes and Proceedings of the Legislative Assembly,
on the first sitting day of
the House after receipt of the report by the Clerk.
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