New South Wales Consolidated Regulations

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) REGULATION 2016

- Made under the 2023-02-01
- As at 9 December 2024
- Reg 544 of 2016

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - WARRANTS AND NOTICES TO PRODUCE DOCUMENTS

   4.      Form of application for warrant, notice to produce or order
   5.      Determination of application for warrant, notice to produce or order--record by eligible issuing officer
   6.      Form of warrant, notice to produce or order
   7.      Form of occupier's notice: section 67(2)(a)
   8.      Form of adjoining occupier's notice: section 67B
   9.      Receipts for things seized
   10.     Receipts for things seized under covert search warrant
   11.     Form of report to eligible issuing officer on execution of warrant (other than covert search warrant) or giving of notice to produce: section 74
   12.     Form of report to eligible issuing officer on execution of covert search warrant: section 74A
   13.     Keeping and inspection of records
   14.     Certified records not available for inspection

   PART 3 - INVESTIGATIONS AND QUESTIONING

           Division 1 - Custody managers

   15.     Designation of police stations and other places to be used for detaining persons
   16.     Appointment of custody managers for designated police stations and designated places of detention
   17.     Order of preference in relation to places of detention
   18.     Order of preference in relation to custody managers
   19.     Custody managers for New South Wales Crime Commission or Australian Crime Commission investigations
   20.     Form of summary of Part 9 of Act
   21.     Custody managers not prevented from exercising other functions
   22.     Guidelines for custody managers and other police officers

           Division 2 - Custody records

   23.     Meaning of "custody record"
   24.     Separate record for each detained person
   25.     Additional matters to be recorded in custody record
   26.     Inspection of custody record

           Division 3 - Vulnerable persons

   27.     Interpretation
   28.     Vulnerable persons
   29.     Custody manager to assist vulnerable person
   30.     Support person
   31.     Support person may be present during investigative procedure
   32.     Relationship between entitlement to support persons and entitlement to consult
   33.     Child cannot waive entitlement to support person
   34.     Role of support persons during interview
   35.     Exclusion of support person from investigative procedure
   36.     Person responsible for welfare of certain detained persons or protected suspects to be contacted
   37.     Legal and other assistance for Aboriginal persons or Torres Strait Islanders
   38.     Cautions
   39.     Times to be disregarded in calculating investigation period
   40.     Additional information to be included in detention warrant application

   PART 4 - PUBLIC DISORDER EMERGENCY POWERS--SEIZURE, DETENTION AND RETURN OF VEHICLES

   41.     Definitions
   42.     Powers in relation to removal and detention of seized vehicles
   43.     Towing fee for seized vehicles
   44.     Storage fees and release of seized vehicles
   45.     Safe keeping of seized vehicles
   46.     Directions by court as to fees payable under this Part

   PART 5 - MISCELLANEOUS

   47.     Persons of the same sex (other than police officers) who may conduct personal searches
   47A.    Records relating to exercise of powers under the Act, Part 4A
   48.     Exercise of powers at crime scenes--prescribed rural areas
   49.     Use of drug detection dogs in authorised places--prescribed train routes
   50.     Use of drug detection dogs in authorised places--prescribed bus routes
   51.     Code of Practice for directions under Part 14 of Act
   52.     Records relating to detention of intoxicated persons
   52A.    Affidavit to accompany application for stock mustering order
   53.     Failure to comply with direction--penalty notice offence and penalty
   54.     Savings
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3