New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Law Enforcement (Powers and
Responsibilities) Amendment (In-car
Video Systems) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103 2
Schedule 1 Amendments 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, , 2004
New South Wales
Law Enforcement (Powers and
Responsibilities) Amendment (In-car
Video Systems) Bill 2004
Act No , 2004
An Act to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to
make provision for the use of in-car video recording equipment by police; and for
other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Law Enforcement (Powers and Responsibilities) Amendment (In-car Video
Clause 1 Systems) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Law Enforcement (Powers and Responsibilities)
Amendment (In-car Video Systems) Act 2004.
2 Commencement
(1) This Act commences on a day to be appointed by proclamation.
(2) Part 8A of the Law Enforcement (Powers and Responsibilities) Act
2002 (as inserted by this Act) commences on the commencement of this
Act.
3 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
No 103
The Law Enforcement (Powers and Responsibilities) Act 2002 is
amended as set out in Schedule 1.
Page 2
Law Enforcement (Powers and Responsibilities) Amendment (In-car Video
Systems) Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
Part 8A
Insert after Part 8:
Part 8A Use of police in-car video equipment
108A Definitions
(1) In this Part:
ICV equipment means in-car video equipment, being equipment
installed in a vehicle and capable of recording visual images and
sound outside the vehicle (including by means of a microphone
that is separate from the equipment and vehicle).
police activities means activities engaged in by a police officer
while exercising any functions of a police officer.
police vehicle means a vehicle used or operated for the purposes
of police activities.
vehicle includes a motorcycle or other cycle, and driver includes
the rider of a motorcycle or other cycle.
(2) A reference in this Part to the driver of a police vehicle includes,
in the case of a police vehicle that is not being driven, a reference
to the police officer responsible for the use and operation of the
vehicle as driver.
108B Police activities requiring use of ICV equipment
For the purposes of this Part, the following police activities are
police activities that require the use of ICV equipment:
(a) pursuing or otherwise following a vehicle with the
intention of stopping or detaining the vehicle,
(b) activities in relation to a vehicle that has been stopped or
detained, or in relation to the driver or any occupant of the
vehicle while in or about the vehicle (whether or not the
vehicle was stopped or detained after being pursued or
otherwise followed under paragraph (a)).
108C Mandatory use of ICV equipment
(1) If a police vehicle is equipped with ICV equipment, the driver of
the vehicle must ensure that while the vehicle is being used in the
course of police activities that require the use of ICV equipment:
Page 3
Law Enforcement (Powers and Responsibilities) Amendment (In-car Video
Systems) Bill 2004
Schedule 1 Amendments
(a) the ICV equipment is operated for the purpose of recording
a view from the police vehicle of those activities, and
(b) a conversation between the police officer and the driver or
any occupant of a vehicle stopped or detained in the course
of those activities is recorded by means of the ICV
equipment.
(2) The authority conferred by this section to record a conversation
(the primary conversation) extends to authorise the recording of
another conversation the recording of which is incidental to the
recording of the primary conversation or that is inadvertently or
unexpectedly recorded in the course of recording the primary
conversation.
(3) Any failure to operate ICV equipment or to record a conversation
as required by this section:
(a) does not of itself limit or otherwise affect the admissibility
of evidence of any matter concerning the police activities
to which the failure related, and
(b) does not of itself result in any such evidence being
evidence improperly or unlawfully obtained,
but this subsection does not otherwise affect the operation of any
rules as to admissibility of evidence.
108D Person to be informed that conversation will be recorded
(1) A police officer who records a conversation between the police
officer and another person under this Part must inform the person
(either immediately before recording of the conversation
commences or as soon as practicable after recording has
commenced) that the conversation will be recorded using police
in-car video equipment.
(2) This section does not apply to the recording of a conversation
inadvertently or unexpectedly or incidentally to the recording of
another conversation.
(3) Recording of a conversation does not require the consent of the
person and the authority conferred by this Part is not affected by
any objection or refusal to consent by the person to the recording.
108E Recording not authorised after arrest
(1) A conversation between a police officer and a person must not be
recorded under this Part after the person has been arrested.
Page 4
Law Enforcement (Powers and Responsibilities) Amendment (In-car Video
Systems) Bill 2004
Amendments Schedule 1
(2) This section does not apply to the recording of a conversation
inadvertently or unexpectedly or during the period between the
person's arrest and the first reasonably practicable opportunity to
discontinue recording of the conversation.
(3) This section applies only to the recording of the sounds of a
conversation. It does not apply to the recording of visual images
of the conversation.
108F Operation of Listening Devices Act 1984
The recording of a conversation as authorised or required by this
Part by means of ICV equipment does not constitute the use of a
listening device for the purposes of the Listening Devices Act
1984.
108G ICV recordings to be kept for 2 years
The Commissioner of Police must ensure that recordings made
under this Part are kept for at least 2 years after they are made.
108H Corrupt disclosure and use of ICV recordings
(1) For the purposes of sections 62 (Corrupt disclosure and use of
personal information by public sector officials) and 63 (Offering
to supply personal information that has been disclosed
unlawfully) of the Privacy and Personal Information Protection
Act 1998, an ICV recording constitutes personal information
about another person.
(2) In this section:
ICV recording means any recording of visual images or sound
made pursuant to this Part and includes a copy of such a recording
and any part of any such recording or copy.
Note. This section ensures that the protections against corrupt
disclosure and use of personal information under the Privacy and
Personal Information Protection Act 1998 will apply to ICV recordings.
The maximum penalty for offences under those provisions is 100 penalty
units or imprisonment for 2 years, or both.
Page 5
[Index] [Search] [Download] [Related Items] [Help]