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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
APEC Meeting (Police Powers)
Bill 2007
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Act to bind Crown 4
Part 2 APEC security areas
5 APEC security area 5
6 Declared areas 5
7 Restricted area 6
8 Orders under Part not open to challenge 7
APEC Meeting (Police Powers) Bill 2007
Contents
Page
Part 3 Special powers in relation to APEC security areas
Division 1 Application of Part
9 Powers available only during APEC period 8
Division 2 Stop and search powers
10 Power to place or establish check points, cordons
or roadblocks 8
11 Power to stop and search vehicles or vessels 8
12 Power to search persons 9
Division 3 Surrender and seizure of prohibited items
13 Power to require surrender of, or to seize and detain,
prohibited items 9
Division 4 Directions
14 Power to give reasonable directions 10
Division 5 Road closures
15 Power to close roads 11
16 Road closure to be for shortest possible period 11
17 Effect of road closure 11
18 Power to direct removal of unauthorised vehicles 12
Part 4 Additional powers and other provisions in
relation to restricted areas
Division 1 Entry into restricted areas
19 Offence: entering restricted area without special
justification 13
Division 2 Special powers in relation to restricted
areas
20 Powers available only during APEC period 13
21 Power to enter and search premises 13
22 Power to obtain disclosure of identity 14
23 Relationship of this Part with Part 3 14
Part 5 Exclusion and removal of persons from APEC
security areas
24 Exclusion of persons from APEC security areas 15
25 Exclusion of persons from restricted areas 16
26 Excluded persons list 16
Contents page 2
APEC Meeting (Police Powers) Bill 2007
Contents
Page
Part 6 Recognised law enforcement officers
27 Recognition of other law enforcement officers 17
28 Recognised law enforcement officers to have police
powers 17
Part 7 Miscellaneous
29 Regulations 18
30 Control of airspace 18
31 Presumption against bail for certain offences
committed during the APEC period 19
32 Use of force generally by police officers 20
33 Use of police dogs, horses and other animals 20
34 Delegation of Commissioner's functions 20
35 No liability in nuisance 20
36 Relationship with other Acts 20
37 Special justification 21
38 Onus of proof of lawful excuse or special justification 21
39 Proceedings for offences 22
40 Amendment of other Acts 22
41 Repeal of Act and other related matters 22
Schedule 1 Metropolitan Sydney 23
Schedule 2 Core declared areas 25
Schedule 3 Amendment of Acts 27
Contents page 3
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, , 2007
New South Wales
APEC Meeting (Police Powers)
Bill 2007
Act No , 2007
An Act to give police officers special powers with respect to the provision of security
for the series of meetings of the members of the Asia-Pacific Economic Cooperation
group of economies in Sydney; and for other purposes.
See also the Industrial and Other Legislation Amendment (APEC Public Holiday) Act 2007.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 APEC Meeting (Police Powers) Bill 2007
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the APEC Meeting (Police Powers) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
(1) In this Act:
APEC meeting means any meeting that forms part of the series of
meetings of the members of the Asia-Pacific Economic Cooperation
(APEC) group of economies to be held in Sydney during the APEC
period.
APEC period means the period:
(a) commencing at the beginning of 30 August 2007, and
(b) ending at the end of 12 September 2007.
APEC security area--see section 5.
Commissioner means the Commissioner of Police.
declared areas--see section 6.
Deputy Commissioner has the same meaning as it has in the Police Act
1990.
excludable person--see section 24.
excluded persons list--see section 26.
exercise a function includes perform a duty.
fail to comply includes refuse to comply.
function includes a power, authority or duty.
identity of a person means the name or residential address of the person
(or both).
metropolitan Sydney means the local government areas listed in
Schedule 1, and includes any part of the waters of Port Jackson
(including Sydney Harbour) and its foreshore.
Police Minister means the Minister administering the Police Act 1990.
police vehicle means a vehicle used or operated for the purposes of
activities engaged in by a police officer while exercising any functions
of a police officer (whether under this Act or otherwise).
premises includes a building, structure or place, whether built on or not.
Page 2
APEC Meeting (Police Powers) Bill 2007 Clause 3
Preliminary Part 1
prohibited item means any of the following:
(a) spray paint cans,
(b) chains,
(c) handcuffs or other devices capable of being used to lock persons
to other persons or things,
(d) poles that are more than 1 metre in length,
(e) marbles, ball-bearings or other similar spherical items,
(f) smoke devices,
(g) flares,
(h) flammable or noxious liquids or substances,
(i) laser pointers,
(j) devices that are capable of being used to interfere with broadcast
or communication devices,
(k) any other things (or things belonging to a class of things)
prescribed by the regulations.
recognised law enforcement officer--see section 27.
restricted area--see section 7.
road means a road within the meaning of the Road Transport (General)
Act 2005 and includes:
(a) a road related area within the meaning of that Act, and
(b) a private road, being an area that:
(i) is not, or is not generally, open to or used by the public, and
(ii) is developed for, or has as one of its main uses, the driving
or riding of motor vehicles (within the meaning of that
Act).
road transport legislation has the same meaning as it has in the Road
Transport (General) Act 2005.
special justification--see section 37.
vehicle has the same meaning as it has in the Road Transport (General)
Act 2005, and includes any aircraft, animal-drawn vehicle or animal that
is being ridden or is drawing a vehicle.
vessel includes watercraft of any description used or capable of being
used as a means of transportation in or on water.
(2) Any power that is conferred by this Act by reference to an area or period
is also exercisable in relation to any part of the area or period.
(3) Any power that is conferred by this Act by reference to a person, vehicle
or vessel being in an area is also exercisable in relation to any person
who, or vehicle or vessel that, has recently left the area.
Page 3
Clause 4 APEC Meeting (Police Powers) Bill 2007
Part 1 Preliminary
(4) Notes and any map included in this Act do not form part of this Act.
4 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of the Parliament of New South Wales permits, the
Crown in all its other capacities.
Page 4
APEC Meeting (Police Powers) Bill 2007 Clause 5
APEC security areas Part 2
Part 2 APEC security areas
5 APEC security area
For the purposes of this Act, an APEC security area is any of the
following:
(a) any area that forms part of the declared areas (other than a
restricted area),
(b) any restricted area.
6 Declared areas
(1) For the purposes of this Act, the declared areas are:
(a) the areas described in Schedule 2 (the core declared areas), and
(b) any area that is designated to be an additional declared area by an
order under this section (an additional declared area).
(2) The Police Minister may, by order published in the Gazette, designate
any area within metropolitan Sydney (other than an area that is in the
core declared areas) to be an additional declared area for the period (if
any) specified in the order if:
(a) the Commissioner has recommended to the Minister that the
order be made, and
(b) the Minister is satisfied that the designation of the area will
substantially assist in promoting the security or safety of an
APEC meeting, its participants or the public or in preventing or
controlling a public disorder, and
(c) the Minister has consulted with such other Ministers as the
Minister considers relevant about the proposed addition of the
area.
Note. The Police Minister may amend or repeal an order made under this
section. See section 43 of the Interpretation Act 1987.
(3) An area is an additional declared area for the purposes of this Act only
for:
(a) the period specified in the order, or
(b) if no period is specified in the order--the APEC period or, if the
APEC period has already commenced, the remainder of that
period.
(4) An order under this section may be made before or during the APEC
period.
Page 5
Clause 7 APEC Meeting (Police Powers) Bill 2007
Part 2 APEC security areas
7 Restricted area
(1) For the purposes of this Act, a restricted area is any area that is
designated as being a restricted area by an order under this section.
(2) The Commissioner may, by written order, designate any area within the
declared areas to be a restricted area for the period (if any) specified in
the order if the Commissioner is satisfied that:
(a) the area is being or will be used directly for or in relation to an
event, or the administration, of an APEC meeting, and
(b) the exercise of the special powers conferred by this Act in
relation to restricted areas is necessary to promote the security or
safety of the venues or facilities for an APEC meeting or
participants in the meeting.
Note. The Commissioner may amend or repeal an order made under this
section. See section 43 of the Interpretation Act 1987.
(3) An area is a restricted area for the purposes of this Act only for:
(a) the period specified in the order, or
(b) if no period is specified in the order--the APEC period or, if the
APEC period has already commenced, the remainder of that
period.
(4) An order under this section may be made before or during the APEC
period.
(5) Unless the Commissioner considers that it would significantly
compromise security arrangements for an APEC meeting, the
Commissioner is to take reasonable steps:
(a) to notify the public that an area has been designated as a restricted
area under this section as soon as is reasonably practicable after
the order designating the area is made, and
(b) to notify such public agencies as the Commissioner considers
relevant of an order that is made (or is proposed to be made)
under this section as soon as is reasonably practicable for the
Commissioner to do so.
(6) Without limiting subsection (5) (a), notification by any of the following
means is sufficient compliance with that paragraph:
(a) the publication of the terms of the order (or a description of the
restricted area concerned) in the Gazette,
(b) the publication of the terms of the order (or a description of the
restricted area concerned) in a newspaper circulating generally
throughout the State,
(c) the erection of signs or barriers (or both) around the whole or part
of the perimeter of the restricted area concerned.
Page 6
APEC Meeting (Police Powers) Bill 2007 Clause 8
APEC security areas Part 2
(7) A failure to comply with subsection (5) does not affect the validity of an
order made under this section.
8 Orders under Part not open to challenge
(1) An order made or purportedly made under a provision of this Part (and
any decision or purported decision of the Police Minister or
Commissioner with respect to the order or purported order) may not be
challenged, reviewed, quashed or called into question on any grounds
whatsoever before any court, tribunal, body or person in any legal
proceedings, or restrained, removed or otherwise affected by
proceedings in the nature of prohibition or mandamus.
(2) For the purposes of subsection (1), legal proceedings includes an
investigation into police or other conduct under any Act (other than the
Police Integrity Commission Act 1996).
Page 7
Clause 9 APEC Meeting (Police Powers) Bill 2007
Part 3 Special powers in relation to APEC security areas
Part 3 Special powers in relation to APEC security
areas
Note. Section 201 of the Law Enforcement (Powers and Responsibilities) Act 2002 requires
police officers to identify themselves and give certain warnings when exercising certain kinds
of police powers (whether conferred by that Act or otherwise).
A failure by a person to comply with a requirement of a police officer under this Part is not an
offence under this Act, but may result in the person being excluded from the APEC security
areas (or parts of them) under section 24.
Division 1 Application of Part
9 Powers available only during APEC period
The powers conferred by this Part may be exercised only during the
APEC period in, or in relation to, an APEC security area.
Division 2 Stop and search powers
10 Power to place or establish check points, cordons or roadblocks
(1) A police officer may, for the purposes of stopping and searching
persons, vehicles or vessels under this Part or preventing persons
entering or leaving an APEC security area without the permission of a
police officer:
(a) establish one or more check points, or
(b) place one or more cordons around the area, or
(c) establish one or more roadblocks on any road that leads into or
out of, or that is located in, the area.
(2) A police officer exercising a function under subsection (1) must not
refuse permission for a person to leave the APEC security area unless it
is reasonably necessary to do so to avoid a risk to public safety or to the
person's own safety.
(3) A check point, cordon or roadblock may consist of any appropriate form
of physical barrier or obstruction preventing or limiting the passage of
persons, vehicles or vessels.
11 Power to stop and search vehicles or vessels
(1) A police officer may, without a warrant, do any of the following:
(a) stop a vehicle or vessel seeking to enter an APEC security area
and require, as a condition of entry, that the person in charge of
the vehicle or vessel submit the vehicle or vessel (including any
thing in or on the vehicle or vessel) to a search,
(b) stop and search any vehicle or vessel (and any thing in or on the
vehicle or vessel) that is in an APEC security area.
Page 8
APEC Meeting (Police Powers) Bill 2007 Clause 12
Special powers in relation to APEC security areas Part 3
(2) A police officer may detain a vehicle or vessel for so long as is
reasonably necessary to conduct a search under this section.
12 Power to search persons
(1) A police officer may, without a warrant, do any of the following:
(a) stop a person seeking to enter an APEC security area and require,
as a condition of entry, that the person submit to a search of the
person (including any thing in the possession of or under the
control of the person),
(b) stop and search a person (and any thing in the possession of or
under the control of the person) who is in an APEC security area.
(2) Division 4 of Part 4 of the Law Enforcement (Powers and
Responsibilities) Act 2002 (except to the extent that it authorises strip
searches) applies to the search of a person conducted under this section.
(3) A police officer may detain a person for so long as is reasonably
necessary to conduct a search under this section.
Division 3 Surrender and seizure of prohibited items
13 Power to require surrender of, or to seize and detain, prohibited items
(1) A police officer may, in connection with a search under this Part, do any
of the following:
(a) require a person that the officer reasonably suspects to be in
possession or have control of a prohibited item without special
justification to surrender the item to the officer as a condition of
entry into an APEC security area,
(b) seize and detain in an APEC security area all or part of a thing
that the officer reasonably suspects to be a prohibited item that is
in the possession or control of a person without special
justification.
(2) A power conferred by this section to require the surrender of, or to seize
and detain, a thing includes:
(a) a power to remove a thing from the place where it is found, and
(b) a power to guard the thing in or on the place where it is found.
(3) A police officer to whom a thing is surrendered, or who seizes a thing,
under this section need not return it to the person who surrendered it or
from whom it was seized.
Page 9
Clause 14 APEC Meeting (Police Powers) Bill 2007
Part 3 Special powers in relation to APEC security areas
(4) A police officer must inform the person who is in possession or has
control of the thing that the officer requires the person to surrender, or
that the officer is to seize, that the thing might not be returned to the
person.
(5) A police officer must comply with subsection (4):
(a) if it is practicable to do so, before or at the time of exercising the
power, or
(b) if it is not practicable to do so, as soon as is reasonably practicable
after exercising the power.
(6) A failure by a police officer to comply with subsection (4) does not
affect the validity of any exercise of power under this section.
(7) If a thing that has been surrendered or seized under this section is not
returned to the person who surrendered it or from whom it was seized
within the period of 24 hours after its surrender or seizure:
(a) the thing is forfeited to the Crown on the expiry of that period,
and
(b) no compensation is payable in respect of any such forfeiture.
(8) Such persons as the Commissioner may direct may destroy or otherwise
dispose of any thing forfeited to the Crown under this section in
accordance with the directions of the Commissioner.
(9) The proceeds of any sale of any thing disposed of under this section are
to be paid to the Treasurer for payment into the Consolidated Fund.
Division 4 Directions
14 Power to give reasonable directions
(1) A police officer may give a direction to any person, or any group of
persons assembled, in an APEC security area.
(2) Such a direction must be reasonable in the circumstances for the
purpose of substantially assisting in promoting the security or safety of
an APEC meeting, its participants or the public or in preventing or
controlling a public disorder.
(3) A direction under this section is to be given orally and, if given to a
group of persons, is to be given in such a manner as is likely to be
audible to all persons in that group, or to as many of them as practicable.
(4) If a direction under this section is given to a group of persons, it is not
necessary for the police officer to repeat the direction to each person in
the group.
Page 10
APEC Meeting (Police Powers) Bill 2007 Clause 15
Special powers in relation to APEC security areas Part 3
(5) However, just because the police officer is not required to repeat any
such direction does not in itself give rise to any presumption that each
person in the group has received the direction.
Division 5 Road closures
15 Power to close roads
(1) A police officer may, at the direction of the Commissioner, close any
road in an APEC security area for any of the following purposes:
(a) facilitating the conduct of an event for an APEC meeting,
(b) controlling and regulating vehicular or pedestrian traffic at or
near any venue or facility for an APEC meeting,
(c) facilitating the movement of vehicles that are being, or are to be,
used for conveying participants in an APEC meeting to or from
their accommodation, an airport or a venue, facility or event for
an APEC meeting,
(d) ensuring the safety of persons,
(e) protecting property from damage.
(2) A road may be closed by means of any appropriate form of physical
barrier or obstruction preventing or limiting the passage of vehicles or
persons or by such other means as the police officer considers
appropriate.
(3) It is not necessary to give public notice of the closure of a road under
this section.
16 Road closure to be for shortest possible period
It is the duty of any police officer closing a road under this Division to
ensure that the road is not closed for a period longer than is necessary to
serve the purpose for which the road is closed.
17 Effect of road closure
(1) A person or vehicle may not use a road while it is closed under this
Division unless:
(a) the person is a police officer or an authorised person, or
(b) the vehicle is a police vehicle or an authorised vehicle.
(2) A person or vehicle is an authorised person or authorised vehicle if the
person or vehicle is authorised (or belongs to a class of persons or
vehicles that is authorised) to use the road by the Commissioner or a
police officer.
Page 11
Clause 18 APEC Meeting (Police Powers) Bill 2007
Part 3 Special powers in relation to APEC security areas
(3) An authorisation for the purposes of this section may be given orally or
in writing.
(4) A road, or any part of a road, does not cease to be a road for the purposes
of the road transport legislation, the Motor Accidents Compensation Act
1999 or any other Act or law because it is closed or its use, or access to
it, is restricted under this Division or any other Act.
(5) In this section, use a road includes:
(a) any use of the road by pedestrians, and
(b) driving, leaving, parking, standing or stopping a vehicle on the
road.
18 Power to direct removal of unauthorised vehicles
(1) A police officer may remove (or direct an authorised officer to remove)
any vehicle or other thing from a road that is closed under this Division
if the police officer is of the opinion that it is necessary to do so.
(2) The provisions of section 76 (2)(8A) of the Road Transport (Safety
and Traffic Management) Act 1999 apply to the removal of a vehicle in
accordance with this section in the same way as they apply to the
removal of an unattended motor vehicle or trailer in accordance with
that section.
(3) In this section, authorised officer has the same meaning as it has in
section 76 of the Road Transport (Safety and Traffic Management) Act
1999.
Page 12
APEC Meeting (Police Powers) Bill 2007 Clause 19
Additional powers and other provisions in relation to restricted areas Part 4
Part 4 Additional powers and other provisions in
relation to restricted areas
Division 1 Entry into restricted areas
19 Offence: entering restricted area without special justification
(1) A person must not, without special justification, enter a restricted area
or any part of a restricted area.
Maximum penalty: 6 months imprisonment or, if circumstances of
aggravation exist in relation to the offence, 2 years imprisonment.
(2) For the purposes of this section, circumstances of aggravation exist in
relation to an offence under this section if (but only if):
(a) the person was in possession or had control of a prohibited item,
and
(b) the person had no special justification to be in possession or have
control of the item.
Division 2 Special powers in relation to restricted areas
Note. Section 201 of the Law Enforcement (Powers and Responsibilities) Act 2002 requires
police officers to identify themselves and give certain warnings when exercising certain kinds
of police powers (whether conferred by that Act or otherwise).
A failure by a person to comply with a requirement or request of a police officer under this
Division is not an offence under this Act, but may result in the person being excluded from the
APEC security areas (or parts of them) under section 24.
20 Powers available only during APEC period
The powers conferred by this Division may be exercised only during the
APEC period in, or in relation to, a restricted area.
21 Power to enter and search premises
(1) A police officer may, without a warrant, enter and search any premises
located in a restricted area.
(2) The police officer must do as little damage as possible.
(3) This section does not authorise a police officer to enter any part of
premises being used for residential purposes, except:
(a) with the consent of the occupier of the part, or
(b) under the authority of a search warrant or under another law that
authorises the entry.
Page 13
Clause 22 APEC Meeting (Police Powers) Bill 2007
Part 4 Additional powers and other provisions in relation to restricted areas
22 Power to obtain disclosure of identity
(1) A police officer may request a person whose identity is unknown to the
officer to disclose his or her identity if:
(a) the person is seeking to enter a restricted area (whether or not in
or on a vehicle or vessel), or
(b) the person is in a restricted area (whether or not in or on a vehicle
or vessel).
(2) A police officer may also request a person who is requested under this
section to disclose his or her identity to provide proof of his or her
identity.
23 Relationship of this Part with Part 3
Any power conferred by this Part in relation to a restricted area is in
addition to, and does not derogate from, any power conferred in relation
to such an area by Part 3.
Note. Part 3 confers special powers on police officers in relation to both the
declared areas and restricted areas.
Page 14
APEC Meeting (Police Powers) Bill 2007 Clause 24
Exclusion and removal of persons from APEC security areas Part 5
Part 5 Exclusion and removal of persons from APEC
security areas
24 Exclusion of persons from APEC security areas
(1) The following persons (excludable persons) may be excluded from any
APEC security area during the APEC period (or any part of that period):
(a) any person who, without lawful excuse, fails to comply with a
requirement made of the person under this Act for the person to
submit to a search as a condition of entry into an APEC security
area,
(b) any person in or on a vehicle or vessel seeking to enter an APEC
security area in circumstances where the person in charge of the
vehicle or vessel fails, without lawful excuse, to comply with a
requirement made under this Act to submit the vehicle or vessel
to a search as a condition of entry into the area,
(c) any person who, without lawful excuse, resists, hinders or
obstructs a police officer conducting a search under this Act in an
APEC security area,
(d) any person who, without special justification, fails to surrender a
prohibited item to a police officer as a condition of entry into an
APEC security area,
(e) any person who, without lawful excuse, fails to comply with a
reasonable direction given to the person in an APEC security area
by a police officer under this Act,
(f) any person who, without lawful excuse, is on a road that is closed
under this Act,
(g) any person whose name appears on an excluded persons list.
(2) A police officer may, during the APEC period, do any of the following:
(a) prevent an excludable person from entering any APEC security
area,
(b) remove an excludable person from any APEC security area to
another place within that or another APEC security area or to a
place outside the APEC security areas,
(c) request an excludable person to disclose his or her identity or
provide proof of his or her identity (or both) when removing the
person from an area,
(d) without limiting paragraph (a), (b) or (c), remove any person who
is on a road but is not authorised to be on the road to a place
outside the road.
Page 15
Clause 25 APEC Meeting (Police Powers) Bill 2007
Part 5 Exclusion and removal of persons from APEC security areas
25 Exclusion of persons from restricted areas
(1) A police officer may, during the APEC period, do any of the following:
(a) prevent a person from entering a restricted area if the person,
without lawful excuse, fails to comply with a request made of the
person under this Act to disclose his or her identity or provide
proof of his or her identity as a condition of entry into the area,
(b) remove any of the following persons from any restricted area to
another place within that or another APEC security area or to a
place outside the APEC security areas:
(i) any person who, without special justification, is in
possession or has control of a prohibited item in a
restricted area,
(ii) any person who, without special justification, is in a
restricted area,
(iii) any person who, without lawful excuse, fails to comply
with a request made of the person under this Act to
disclose his or her identity or provide proof of his or her
identity.
(2) Any power conferred by this section in relation to a restricted area is in
addition to, and does not derogate from, any other power of exclusion
or removal conferred by this Part or this Act in relation to an APEC
security area.
26 Excluded persons list
(1) The Commissioner may, from time to time, compile one or more lists of
persons (an excluded persons list) that the Commissioner is satisfied are
persons who would pose serious threats to the safety of persons or
property (or both) in an APEC security area during the APEC period.
(2) The Commissioner may (but need not) cause an excluded persons list to
be published by such means as the Commissioner thinks appropriate.
(3) Without limiting subsection (2), an excluded persons list may be
published:
(a) in the Gazette, or
(b) in any newspaper published in the State (whether or not
circulating generally throughout the State), or
(c) on an Internet website.
(4) A failure by the Commissioner to notify the public of the contents of an
excluded persons list does not affect the validity of the list or otherwise
limit any powers conferred by this Act in relation to persons named in
the list.
Page 16
APEC Meeting (Police Powers) Bill 2007 Clause 27
Recognised law enforcement officers Part 6
Part 6 Recognised law enforcement officers
27 Recognition of other law enforcement officers
(1) The Commissioner or a Deputy Commissioner may, by instrument in
writing, appoint any of the following as recognised law enforcement
officers for the purposes of this Act if of the opinion it is necessary for
the more effective exercise of powers under this Act with respect to the
APEC meetings:
(a) members of the Australian Federal Police,
(b) members of the police force of another State or a Territory,
(c) members of the police force of New Zealand.
(2) An appointment as a recognised law enforcement officer may be made
subject to conditions.
(3) If an individual is appointed as a recognised law enforcement officer,
the instrument of appointment must specify the term of the appointment
(not exceeding the APEC period).
(4) The Commissioner or a Deputy Commissioner may, at any time, revoke
the appointment of a person or persons as recognised law enforcement
officers.
(5) Recognised law enforcement officers remain under the command and
control of the police force to which they belong during the term of their
appointment under this Part.
28 Recognised law enforcement officers to have police powers
(1) A recognised law enforcement officer has and may exercise all the
functions (including powers, immunities, liabilities and
responsibilities) that a police officer of the rank of constable duly
appointed under the Police Act 1990 has and may exercise under this
Act or under any other law of the State (including the common law).
(2) Those functions extend to functions conferred after the commencement
of this section.
(3) The conferral of functions by this section on a recognised law
enforcement officer is subject to any applicable conditions of the
officer's appointment as a recognised law enforcement officer.
Page 17
Clause 29 APEC Meeting (Police Powers) Bill 2007
Part 7 Miscellaneous
Part 7 Miscellaneous
29 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
30 Control of airspace
(1) In this section:
Airservices Australia means the body established by section 7 (1) of the
Air Services Act 1995 of the Commonwealth.
Commonwealth Air Navigation Regulations means the Air Navigation
Regulations 1947 of the Commonwealth.
restricted air space means air space that Airservices Australia has
declared under relevant Commonwealth law to be restricted air space in
relation to the APEC meetings.
State air navigation means air navigation within New South Wales to
and in relation to which the Commonwealth Air Navigation Regulations
are applied as if they were State law by section 4 of the Air Navigation
Act 1938.
(2) A person must not, during the APEC period and in the course of State
air navigation, cause an aircraft to enter, or operate an aircraft within,
restricted air space without an air traffic clearance given by or on behalf
of Airservices Australia under relevant Commonwealth law.
Maximum penalty: $250,000.
(3) The provisions of this section prevail to the extent of any inconsistency
between this section and the provisions of the Commonwealth Air
Navigation Regulations (as applied to and in relation to State air
navigation by the Air Navigation Act 1938).
(4) This section does not apply to the operation of:
(a) a military aircraft, or an aircraft of the NSW Police Force, when
being operated for military, security or emergency purposes, or
(b) an aircraft when being operated exclusively for emergency
purposes relating to human life or safety, or the protection of
property.
Page 18
APEC Meeting (Police Powers) Bill 2007 Clause 31
Miscellaneous Part 7
31 Presumption against bail for certain offences committed during the
APEC period
(1) Offences to which section applies
This section applies to any offence alleged to have been committed in
an APEC security area during the APEC period that involves:
(a) the assault of a police officer, or
(b) malicious damage to property, or
(c) throwing a missile at a police officer.
(2) Presumption against bail
A person accused of an offence to which this section applies is not to be
granted bail unless the person satisfies the authorised officer or court
that bail should not be refused.
(3) The requirement for bail cannot be dispensed with for a person accused
of an offence to which this section applies and section 10 (2) of the Bail
Act 1978 does not apply with respect to any such offence.
(4) Section 9 of the Bail Act 1978 does not apply to an offence to which this
section applies.
(5) Sections 32 (6) and 38 (1A) of the Bail Act 1978 apply to an offence to
which this section applies in the same way as they apply to an offence
to which section 8A of that Act applies.
(6) Nothing in this section limits the operation of section 9D of the Bail Act
1978.
Note. Section 9D of the Bail Act 1978 prevents a person who is accused of a
serious personal violence offence and who has previously been convicted of a
serious personal violence offence from being granted bail except in exceptional
circumstances.
(7) Relationship with Bail Act 1978
This section is to be construed with and as if it forms part of the Bail Act
1978.
(8) However, in the event of an inconsistency between this section and the
Bail Act 1978, this section prevails to the extent of the inconsistency.
(9) Interpretation
Words and expressions used in this section that are defined in the Bail
Act 1978 have the same meanings as in that Act.
Page 19
Clause 32 APEC Meeting (Police Powers) Bill 2007
Part 7 Miscellaneous
32 Use of force generally by police officers
It is lawful for a police officer exercising a power under this Act in
relation to a person or thing, and anyone helping the police officer, to
use such force as is reasonably necessary to exercise the power.
33 Use of police dogs, horses and other animals
For the avoidance of doubt, nothing in the Sydney Opera House Trust
By-law 2005 or the Sydney Harbour Foreshore Authority Regulation
2006 prevents a police officer from using a dog, horse or other animal
during the APEC period in an APEC security area for the purposes of
exercising a function conferred on the officer by or under this Act or any
other law.
34 Delegation of Commissioner's functions
(1) The Commissioner may delegate to a Deputy Commissioner any of the
Commissioner's functions under this Act, other than this power of
delegation.
(2) Without limiting subsection (1), the Commissioner may delegate any
function of the Commissioner under section 15 to a police officer of or
above the rank of Superintendent.
(3) This section applies despite section 31 (Delegation by Commissioner)
of the Police Act 1990.
35 No liability in nuisance
Anything done or omitted to be done by any person in the exercise of
functions under this Act or the regulations, or pursuant to any of the
provisions of this Act or the regulations, does not constitute a nuisance.
36 Relationship with other Acts
(1) Subject to subsection (2), nothing in any other Act or law limits any
powers, or prevents a police officer from exercising any powers, that the
police officer has under this Act.
(2) Nothing in this Act limits the operation of section 201 of the Law
Enforcement (Powers and Responsibilities) Act 2002.
Note. Section 201 of the Law Enforcement (Powers and Responsibilities) Act
2002 requires police officers to identify themselves and give certain warnings
when exercising certain kinds of police powers (whether conferred by that Act
or otherwise).
(3) Nothing in this Act limits any powers, or prevents a police officer from
exercising any powers, that the police officer has under any other Act
or law.
Page 20
APEC Meeting (Police Powers) Bill 2007 Clause 37
Miscellaneous Part 7
37 Special justification
(1) For the purposes of this Act, a person has a special justification to be in
an area or to possess or be in control of a thing only in the circumstances
provided for by this section.
(2) A person has a special justification to be in an area if:
(a) the person is a police officer who is on duty in the area, or
(b) the person is required, authorised or permitted to be in the area by
the Commissioner or a police officer, or
(c) the person is required to be in (or pass through) the area for the
purposes of the person's employment, occupation, profession,
calling, trade or business or for any other work-related purpose,
or
(d) the person resides (whether on a temporary or permanent basis)
in premises that are located in the area, or
(e) the person is in the area in such other circumstances as may be
prescribed by the regulations.
(3) A person has a special justification to be in possession or have control
of a thing in an area if:
(a) the person is a police officer who is on duty in the area, or
(b) the person is required, authorised or permitted to be in possession
or have control of the thing by the Commissioner or a police
officer, or
(c) the person is required to be in possession or have control of the
thing for the purposes of the person's employment, occupation,
profession, calling, trade or business or for any other
work-related purpose, or
(d) the person has possession or control of the thing in residential
premises of the person that are located in the area, or
(e) the person is in possession or has control of the thing in such
other circumstances as may be prescribed by the regulations.
38 Onus of proof of lawful excuse or special justification
The onus of proof of lawful excuse or special justification (whether in
proceedings for an offence against this Act or in relation to the exercise
of powers conferred by this Act) lies on the person accused of the
offence or who claims to have the lawful excuse or special justification
(as the case may be).
Page 21
Clause 39 APEC Meeting (Police Powers) Bill 2007
Part 7 Miscellaneous
39 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be
dealt with:
(a) summarily before a Local Court, or
(b) before the Supreme Court in its summary jurisdiction.
(2) If proceedings are brought before a Local Court, the maximum
monetary penalty that the Local Court may impose for the offence is
100 penalty units, despite any higher maximum monetary penalty
provided in respect of the offence.
40 Amendment of other Acts
The Acts specified in Schedule 3 are amended as set out in that
Schedule.
41 Repeal of Act and other related matters
The following are repealed at the beginning of 13 September 2007:
(a) this Act,
(b) any regulation or other instrument made under this Act,
(c) item 31 of Schedule 4 to the Subordinate Legislation Act 1989.
Page 22
APEC Meeting (Police Powers) Bill 2007
Metropolitan Sydney Schedule 1
Schedule 1 Metropolitan Sydney
(Section 3 (1), definition of "metropolitan Sydney")
Ashfield
Auburn
Bankstown City
Baulkham Hills
Blacktown City
Botany Bay City
Burwood
Camden
Campbelltown City
Canada Bay
Canterbury City
Fairfield City
Holroyd City
Hornsby
Hunter's Hill
Hurstville City
Kogarah
Ku-ring-gai
Lane Cove
Leichhardt
Liverpool City
Manly
Marrickville
Mosman
North Sydney
Parramatta City
Penrith City
Page 23
APEC Meeting (Police Powers) Bill 2007
Schedule 1 Metropolitan Sydney
Pittwater
Randwick City
Rockdale City
Ryde City
Strathfield
Sutherland Shire
City of Sydney
Warringah
Waverley
Willoughby City
Woollahra
Page 24
APEC Meeting (Police Powers) Bill 2007
Core declared areas Schedule 2
Schedule 2 Core declared areas
(Section 6 (1) (a))
Bennelong/CBD Area
The area that comprises that portion of Sydney Harbour bounded in the west by the
western side of the deck of the Sydney Harbour Bridge, in the east by an imaginary
line from Kirribilli Wharf to the easternmost point of Pinchgut Island (Fort Denison)
then to the northernmost point of Mrs Macquaries Point. Then following the western
shoreline of Woolloomooloo Bay to Lincoln Crescent. Then following the western
kerb of Lincoln Crescent to Cowper Wharf Road, then following the northern edge
of the Cahill Expressway and Shakespeare Place to the eastern kerb of Macquarie
Street. Then following the eastern kerb of Macquarie Street to a point in line with the
southern kerb of King Street. Then following the southern kerb of King Street to a
point in line with the western kerb of Clarence Street, then following the western kerb
of Clarence Street to the point below and in line with the eastern edge of the Western
Distributor. Then following the eastern edge of the Western Distributor and
Bradfield Highway to a point in line with the foreshore of Sydney Harbour then
following the shoreline to a point in line with the western side of the deck of the
Sydney Harbour Bridge.
Hickson Road Area
The area that comprises the footpath commencing at the south western corner of the
intersection of Sussex Street and Shelley Street following the western edge of the
western footpath of Sussex Street and then Hickson Road to Towns Place, then
following the southern kerb of Towns Place to the commencement of Dalgety Road.
Then crossing to the northern kerb of Towns Place following the northern kerb of
Towns Place and Hickson Road to a point below and in line with the first Hickson
Road overpass. Then crossing Hickson Road and following the eastern footpath of
Hickson Road then Sussex Street to a point on the south eastern footpath of the
intersection of Sussex Street and Shelley Street, then crossing Sussex Street to the
commencement point at the south western corner of the intersection of Sussex Street
and Shelley Street.
Darling Harbour Area
The area that comprises that portion of Darling Harbour bounded in the south by the
northern edge of Pier Street then following the western footpath of Darling Drive to
a point in line with the southern end of the "Convention" metro light rail platform
then following an imaginary line due east to the Harbourside shopping centre then to
the southern extremity of the shopping centre then due east to the western edge of
Wheat Road, then following the eastern edge of the Darling Harbour area, then
following the southern edge of the Western Distributor, then in a southerly direction
between the exhibition centre and the Palm Pavilion to the western edge of
Tumbalong Park, then in a clockwise direction following the western, northern and
eastern edge of Tumbalong Park, then following the western wall of the Chinese
gardens to the northern edge of Pier Street.
Page 25
APEC Meeting (Police Powers) Bill 2007
Schedule 2 Core declared areas
Indicative map of core declared areas
Page 26
APEC Meeting (Police Powers) Bill 2007
Amendment of Acts Schedule 3
Schedule 3 Amendment of Acts
(Section 40)
3.1 Crimes Act 1900 No 40
Part 6B Terrorism
Omit "the second anniversary of its commencement" from the note at the
beginning of the Part.
Insert instead "13 September 2008".
3.2 Evidence (Audio and Audio Visual Links) Act 1998 No 105
Section 22B
Insert after section 22A:
22B Bail appearances--special provision relating to APEC meeting
2007
(1) Sections 5BB and 5BBA do not apply to any bail proceedings in
respect of an offence alleged to have been committed in
metropolitan Sydney during the period commencing at the
beginning of 20 August 2007 and ending at the end of 28
September 2007.
(2) In this section:
metropolitan Sydney has the same meaning as it has in the APEC
Meeting (Police Powers) Act 2007, as in force on the date of
commencement of this section.
3.3 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
[1] Schedule 5, heading
Omit "and transitional". Insert instead ", transitional and other".
[2] Schedule 5, clause 1
Insert at the end of clause 1 (1):
APEC Meeting (Police Powers) Act 2007
Page 27
APEC Meeting (Police Powers) Bill 2007
Schedule 3 Amendment of Acts
[3] Schedule 5
Insert at the end of the Schedule (with appropriate Part and clause numbers):
Part Provisions consequent on enactment and
repeal of APEC Meeting (Police Powers)
Act 2007
Definitions
In this Part:
APEC Act means the APEC Meeting (Police Powers) Act 2007.
APEC meeting has the same meaning as it had in the APEC Act
immediately before its repeal.
Police Minister means the Minister administering the Police Act
1990.
Effect of repeal of APEC Act
(1) The repeal of the APEC Act does not affect the continued
operation in relation to matters arising before the repeal of that
Act of:
(a) section 8 (Orders under Part not open to challenge) of that
Act, or
(b) any other exemption or immunity from, or limitation of,
liability under that Act,
as in force before that repeal.
Note. The APEC Act is to be repealed on 13 September 2007 by section
41 of that Act.
(2) The provisions of subclause (1) are in addition to, and do not
derogate from, section 30 of the Interpretation Act 1987.
Note. Section 30 of the Interpretation Act 1987 provides that the repeal
of an Act or statutory rule does not, among other things, affect the
previous operation of the Act or statutory rule or anything duly suffered,
done or commenced under the Act or statutory rule or affect any right,
privilege, obligation or liability acquired, accrued or incurred under the
Act or statutory rule.
Report on APEC Act by Commissioner of Police
(1) The Commissioner of Police is to report to the Attorney General
and Police Minister on the exercise of powers by police officers
under the APEC Act. The report is to be provided within 3
months after the repeal of that Act.
Page 28
APEC Meeting (Police Powers) Bill 2007
Amendment of Acts Schedule 3
(2) The report is to specify the following matters:
(a) the terms of any order designating an area to be an
additional declared area or a restricted area and the period
during which it had effect,
(b) a general description of the powers exercised pursuant to
the APEC Act and the manner in which they were
exercised,
(c) a description of the result of the exercise of those powers,
(d) the number of complaints that are made under any Act
about conduct relating to the exercise of any power
conferred on police officers by the APEC Act and the
number of those complaints that are, or have been, the
subject of an investigation under any Act,
(e) any other matters requested by the Attorney General or the
Police Minister.
Review of APEC Act by Attorney General and Police Minister
(1) The Attorney General and the Police Minister are to review the
APEC Act to determine whether the policy objectives of that Act
were met and whether the terms of that Act remain appropriate
for future meetings or events comparable to an APEC meeting.
(2) The review is to be undertaken as soon as possible after the
Commissioner has provided the Attorney General and the Police
Minister with the Commissioner's report on the APEC Act.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within the period of 6 months after the
repeal of the APEC Act.
(4) If a House of Parliament is not sitting when the Attorney General
or Police Minister seeks to table the report, the Attorney General
or Police Minister may present the report to the Clerk of the
House concerned.
(5) The report:
(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
Page 29
APEC Meeting (Police Powers) Bill 2007
Schedule 3 Amendment of Acts
(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.
3.4 Subordinate Legislation Act 1989 No 146
Schedule 4 Excluded instruments
Insert at the end of the Schedule:
31 Regulations under the APEC Meeting (Police Powers) Act 2007.
3.5 Terrorism Legislation Amendment (Warrants) Act 2005
No 54
Section 2 Commencement
Omit "the second anniversary of the commencement of section 5" from
section 2 (2).
Insert instead "13 September 2008".
3.6 Weapons Prohibition Act 1998 No 127
Schedule 1 Prohibited weapons
Insert after clause 4 (6):
(7) Any article or device, such as a device known as a caltrop, that
is made up of two or more sharp nails or spines arranged in such
a manner that one of them always points upward however the
article or device is placed and that is capable of puncturing the
feet, paws or hooves of animals when they pass over the article
or device.
Page 30
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