New South Wales Consolidated Acts

RESTRICTED PREMISES ACT 1943 - SECT 20A

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.