This Act is the Law Enforcement (Powers and Responsibilities) Act 2002.
This Act commences on a day or days to be appointed by proclamation.
(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.Commissioner means the Commissioner of Police.
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, 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.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.
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.
frisk search means:
(a) a search of a person conducted by quickly running the hands over the person’s outer clothing or by passing an electronic metal detection device over or in close proximity to the person’s outer clothing, and(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing.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.
ordinary search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes, socks and hat, and(b) an examination of those items.owner of a vehicle means the responsible person for a vehicle within the meaning of section 6 of the Road Transport (General) Act 2005, 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.road means a road within the meaning of the Road Transport (General) Act 2005 (other than a road that is the subject of a declaration made under section 15 (1) (b) of that Act).
road related area means a road related area within the meaning of the Road Transport (General) Act 2005 (other than a road related area that is the subject of a declaration made under section 15 (1) (b) 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.senior police officer means:
(a) a Local Area Commander of Police, or(b) a Duty Officer for a police station, or(c) any other police officer of the rank of Inspector or above.Note. By virtue of the Interpretation Act 1987 (section 48 (2)) a person acting in an office referred to above may exercise the functions of a senior police officer under this Act.serious indictable offence means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.
strip search means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove all of his or her clothes, and(b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.supply has the same meaning as it has in the Drug Misuse and Trafficking Act 1985.
telephone includes radio, facsimile and any other communication device.
Torres Strait Islander means a person who:
(a) is a member of the Torres Strait Island race, and(b) identifies as a Torres Strait Islander, and(c) is accepted by the Torres Strait Island community as a Torres Strait Islander.vehicle includes a registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997.
vehicle roadblock powers—see section 37.
(2) In this Act, a reference to a person who has been charged with an offence is a reference to a person:(a) in respect of whom a charge sheet has been completed by a police officer where proceedings for an offence are to be commenced against the person, or(b) against whom proceedings for an offence have been commenced.(3) Notes in the text of this Act do not form part of this Act.Note. In a heading to a provision of this Act, a reference to the Cth Act is a reference to the Crimes Act 1914 of the Commonwealth and a reference to the former LEPRA is a reference to a provision of Part 5 as in force immediately before it was amended by the Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009.
4 Relationship to common law and other matters
(1) Unless this Act otherwise provides expressly or by implication, this Act does not limit:(a) the functions, obligations and liabilities that a police officer has as a constable at common law, or(b) the functions that a police officer may lawfully exercise, whether under an Act or any other law as an individual (otherwise than as a police officer) including, for example, powers for protecting property.(2) Without limiting subsection (1) and subject to section 9, nothing in this Act affects the powers conferred by the common law on police officers to deal with breaches of the peace.
(1) This Act does not limit the functions that a police officer has under an Act or regulation specified in Schedule 1.(2) The regulations may amend Schedule 1 by adding the name of an Act or a regulation to the Schedule.(3) However, a police officer may exercise a function under this Act for the purpose of giving effect to an Act or regulation referred to in subsection (1).
(1) This section applies to a provision of another Act or regulation that confers functions on a police officer or other person (other than a provision of an Act or regulation referred to in section 5 (1)).(2) To the extent of any inconsistency, this Act prevails over an Act or regulation to which this section applies.(3) A provision of an Act enacted after the commencement of this section is not to be interpreted as amending or repealing, or otherwise altering the effect or operation of, a provision of this Act.(4) Subsection (3) does not affect the interpretation of a provision of an Act so far as that Act directly amends or repeals a provision of this Act or expressly provides for that Act to have effect despite a specified provision, or despite any provision, of this Act.
Nothing in any Part of this Act limits any functions, or prevents a police officer from exercising any functions, that the police officer has under any other Part of this Act.Note. The general functions of police officers and other members of the NSW Police Force, and matters relating to police discipline, are dealt with in the Police Act 1990. For other Acts containing significant police and law enforcement powers, see Schedule 1.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.