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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Law Enforcement Legislation
Amendment (Public Safety) Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103 2
4 Amendment of Crimes Act 1900 No 40 2
5 Amendment of Bail Act 1978 No 161 2
6 Amendment of Criminal Procedure Act 1986 No 209 2
Schedule 1 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 3
Schedule 2 Amendment of Crimes Act 1900 14
Schedule 3 Amendment of Bail Act 1978 15
Schedule 4 Amendment of Criminal Procedure Act 1986 17
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, , 2005
New South Wales
Law Enforcement Legislation
Amendment (Public Safety) Bill 2005
Act No , 2005
An Act to amend the Law Enforcement (Powers and Responsibilities) Act 2002 and
certain other Acts in relation to the prevention and control of public disorders, 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.
Clause 1 Law Enforcement Legislation Amendment (Public Safety) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Law Enforcement Legislation Amendment (Public
Safety) Act 2005.
2 Commencement
This Act commences on the date of assent.
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.
4 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 2.
5 Amendment of Bail Act 1978 No 161
The Bail Act 1978 is amended as set out in Schedule 3.
6 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule 4.
Page 2
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1
Schedule 1 Amendment of Law Enforcement
(Powers and Responsibilities) Act 2002
(Section 3)
[1] Part 6A
Insert after Part 6:
Part 6A Emergency powers--public disorder
Division 1 Preliminary
87A Definitions
(1) In this Part:
licensed premises means premises licensed or required to be
licensed under the Liquor Act 1982 for the sale or supply of
liquor, and includes the premises of a registered club under the
Registered Clubs Act 1976.
liquor has the same meaning as in the Liquor Act 1982.
mobile phone includes any device that may be used, in whole or
in part, for the purpose of sending or receiving voice or other data
over a mobile telephone network, whether or not it may be used
for any other purpose.
public disorder means a riot or other civil disturbance that gives
rise to a serious risk to public safety, whether at a single location
or resulting from a series of incidents in the same or different
locations.
public place includes a school.
road includes a road related area, and a part of a road or road
related area.
(2) For the purposes of this Part, controlling a public disorder
includes containing or reducing the disorder or bringing the
disorder to an end.
(3) For the purposes of this Part:
(a) a person in an area that is the target of an authorisation
under Division 3 includes a person who is about to enter
the area or who has recently left the area, and
(b) a vehicle that is in an area the target of an authorisation
under Division 3 includes a vehicle that is about to enter
the area or that has recently left the area.
Page 3
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Schedule 1 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
Division 2 Liquor restrictions
87B Emergency prohibition on sale or supply of liquor
(1) A police officer of or above the rank of Superintendent may
authorise the closure of any licensed premises, or the prohibition
of the sale or supply of liquor on any licensed premises, if the
police officer:
(a) has reasonable grounds for believing that there is a
large-scale public disorder occurring in the vicinity of the
licensed premises or there is a threat of such a disorder
occurring in the near future, and
(b) is satisfied that the closure or prohibition will reasonably
assist in preventing or controlling the public disorder.
(2) The period that an authorisation relating to any licensed premises
has effect must not exceed the period that the police officer
giving the authorisation considers reasonably necessary for the
purpose for which it is given, but must not in any case exceed 48
hours. The period that the authorisation has effect may be
extended by the giving of a further authorisation, but only if the
total period of the authorisation in relation to those premises does
not exceed 48 hours.
Note. The closure of licensed premises may be extended by the
Licensing Court or by an order of an authorised officer under section
104A or 104C of the Liquor Act 1982.
(3) Any police officer may, in accordance with an authorisation
under subsection (1), direct any person who is apparently in
charge of, or who is selling or supplying liquor on, licensed
premises to close the premises or to cease selling or supplying
liquor on those premises, as the case requires.
(4) An authorisation under subsection (1) may be given orally or in
writing and, if given orally, it must be confirmed by instrument
in writing as soon as it is reasonably practicable to do so.
(5) An authorisation under subsection (1) may be revoked at any
time by a police officer of or above the rank of Inspector if the
police officer is satisfied that the authorisation is no longer
necessary. The police officer is to give notice to a person
apparently in charge of the licensed premises of the revocation of
the authorisation.
(6) A person to whom a direction is given under this section must
comply with the direction.
Maximum penalty: 50 penalty units or imprisonment for 12
months, or both.
Page 4
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1
87C Emergency alcohol-free zones
(1) A police officer of or above the rank of Superintendent may, by
instrument in writing, establish in an area within a public place an
emergency alcohol-free zone if the police officer:
(a) has reasonable grounds for believing that there is a
large-scale public disorder occurring in the vicinity of the
area or there is a threat of such a disorder occurring in the
near future, and
(b) is satisfied that the establishment of the zone will assist in
preventing or controlling the public disorder.
(2) The period for which an emergency alcohol-free zone may be
established in any area must not exceed the period that the police
officer establishing the zone considers reasonably necessary for
the purpose for which it is established, but must not in any case
exceed 48 hours. The period for which the zone is established
may be extended by a further instrument, but only if the total
period that the zone is established in the area does not exceed 48
hours.
(3) A police officer who finds a person or group of persons drinking
or in possession of liquor in an emergency alcohol-free zone may
warn the person or group of persons that it is an offence to drink
liquor in the zone and that any liquor in the possession of the
person or persons may be confiscated unless it is removed from
the zone or put away.
(4) A person who has received a warning under subsection (3) in
relation to an emergency alcohol-free zone, but who:
(a) commences to drink liquor in the zone, or
(b) fails to stop drinking liquor in the zone, or
(c) resumes drinking liquor in the zone,
is guilty of an offence.
Maximum penalty: 20 penalty units.
(5) An emergency alcohol-free zone may be established under this
section in respect of an area that is an alcohol-free zone
established under the Local Government Act 1993. In that case, a
person cannot be convicted of an offence under this section and
that Act in respect of the same act or omission.
(6) Any liquor in the immediate possession of a person in an
emergency alcohol-free zone who is committing, or has just
committed, an offence under this section, and any container in
which the liquor is packaged, may be seized by a police officer.
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Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Schedule 1 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
(7) Any liquor in the immediate possession of a person in an
emergency alcohol-free zone who has received a warning under
subsection (3), and any container in which the liquor is packaged,
may also be seized by a police officer if:
(a) the person does not remove the liquor from the zone or put
the liquor away, and
(b) the police officer is satisfied that the seizure of the liquor
will assist in preventing or controlling the public disorder.
(8) Any liquor (and any container) seized under this section is, by
virtue of the seizure, forfeited to the State and may be disposed
of in accordance with directions given by the Commissioner of
Police.
(9) The establishment of an emergency alcohol-free zone under this
section may be revoked at any time by a police officer of or above
the rank of Superintendent if the police officer is satisfied that it
is no longer necessary.
Division 3 Special powers to prevent or control public
disorders
87D Authorisation of special powers to prevent or control public
disorder in public place
An authorisation for the exercise in a public place of the special
powers conferred by this Division may be given in accordance
with this Division if the police officer giving the authorisation:
(a) has reasonable grounds for believing that there is a
large-scale public disorder occurring or a threat of such a
disorder occurring in the near future, and
(b) is satisfied that the exercise of those powers is reasonably
necessary to prevent or control the public disorder.
87E Target of authorisation
(1) An authorisation may authorise the exercise of the special powers
conferred by this Division in a public place:
(a) for the purpose of preventing or controlling a public
disorder in a particular area described in the authorisation,
or
(b) for the purpose of preventing persons travelling by a road
specified in the authorisation to an area to create or
participate in a public disorder (whether or not the area is
also subject to an authorisation under paragraph (a)).
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Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1
(2) The area or road is referred to in this Division as the target of the
authorisation.
87F Giving of authorisation
(1) An authorisation may be given by the Commissioner of Police or
by a Deputy or Assistant Commissioner of Police. The power
conferred by this section cannot be delegated.
(2) An authorisation may be given orally or by instrument in writing.
(3) If the authorisation is given orally, it must be confirmed by
instrument in writing as soon as it is reasonably practicable to do
so.
(4) An authorisation must:
(a) state that it is given under this Division, and
(b) describe the general nature of the public disorder or
threatened public disorder to which it applies (including
the day or days it occurs or is likely to occur), and
(c) describe the area or specify the road targeted by the
authorisation, and
(d) specify the time it ceases to have effect.
87G Duration and revocation of authorisation
(1) An authorisation has effect, unless sooner revoked, during the
period beginning at the time it is given and ending at the time
specified in the authorisation.
(2) The period that an authorisation relating to any area or road has
effect must not exceed the period that the police officer giving the
authorisation considers reasonably necessary for the purpose for
which it is given, but must not in any case exceed 48 hours.
(3) The period that the authorisation has effect may be extended by
the giving of a further authorisation, but only if:
(a) the total period of the authorisation in relation to the area
or road does not exceed 48 hours, or
(b) the Supreme Court, on the application of the police officer
proposing to give the further authorisation, determines that
the police officer is entitled to give the further
authorisation.
(4) The Commissioner of Police or a Deputy or Assistant
Commissioner of Police may revoke an authorisation at any time,
and must revoke it if directed to do so by order of the Supreme
Court.
Page 7
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Schedule 1 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
(5) The cessation of an authorisation (by revocation or otherwise)
does not affect anything lawfully done in reliance on the
authorisation before it ceased to have effect.
87H Exercise of special powers conferred by authorisation by police
officers
(1) The special powers conferred by this Division may be exercised
by any police officer in a public place for the purposes for which
an authorisation is given under this Division.
(2) A police officer may exercise those powers whether or not the
officer has been provided with or notified of the terms of the
authorisation.
87I Power to place or establish cordon or roadblock
(1) A police officer may, for the purposes of stopping and searching
persons or vehicles under this Division or preventing persons
entering or leaving an area without the permission of a police
officer:
(a) place a cordon around a target area or any part of it, or
(b) establish a roadblock on a target road (including any road
in a target area).
(2) A police officer must not refuse permission for a person to leave
the 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 cordon or roadblock may consist of any appropriate form of
physical barrier or obstruction preventing or limiting the passage
of vehicles or persons.
87J Power to stop and search vehicles
(1) A police officer may, without a warrant, stop and search a
vehicle, and anything in or on the vehicle, if:
(a) the vehicle is in an area that is the target of an
authorisation, or
(b) the vehicle is on a road that is the target of an authorisation.
(2) A police officer may detain a vehicle for so long as is reasonably
necessary to conduct a search under this section.
87K Power to search persons
(1) A police officer may, without a warrant, stop and search a person,
and anything in the possession of or under the control of the
person, if:
Page 8
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1
(a) the person is in an area that is the target of an authorisation,
or
(b) the person is in or on a vehicle on a road that is the target
of an authorisation.
(2) Division 4 of Part 4 (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.
87L 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 in an area that is the target of an authorisation
(whether or not in or on a vehicle), or
(b) the person is in or on a vehicle on a road that is the target
of an authorisation,
and the police officer reasonably suspects that the person has
been involved or is likely to be involved in a public disorder.
(2) A person who is so requested to disclose his or her identity must
not, without reasonable excuse, fail or refuse to comply with the
request.
Maximum penalty: 50 penalty units or 12 months imprisonment,
or both.
(3) A person must not, without reasonable excuse, in response to any
such request:
(a) give a name that is false in a material particular, or
(b) give an address other than the person's full and correct
address.
Maximum penalty: 50 penalty units or 12 months imprisonment,
or both.
(4) A police officer may request a person who is requested under this
section to disclose his or her identity to provide proof of his or her
identity.
Page 9
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Schedule 1 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
87M Power to seize and detain things
(1) A police officer may, in connection with a search under this
Division:
(a) seize and detain, for a period of not more than 7 days, a
vehicle, mobile phone or other communication device if
the seizure and detention of the vehicle, phone or device
will assist in preventing or controlling a public disorder, or
(b) seize and detain all or part of a thing (including a vehicle)
that the officer suspects on reasonable grounds may
provide evidence of the commission of a serious indictable
offence (whether or not related to a public disorder).
(2) The Local Court may, on the application of a police officer,
authorise the continued detention of a vehicle, mobile phone or
other communication device under subsection (1) (a) for an
additional period not exceeding 14 days if satisfied that its
continued detention will assist in preventing or controlling a
public disorder. More than one extension of the detention may be
authorised under this subsection, so long as each extension does
not exceed 14 days.
(3) A power conferred by this section 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.
(4) The regulations may make provision for or with respect to the
seizure, detention and return of vehicles, mobile phones or other
communication devices referred to in subsection (1) (a).
87N Powers exercisable without authorisation under this Division
(1) This section applies where a police officer stops a vehicle on a
road in accordance with a power conferred by or under this or any
other Act, being a road that is not (or not in an area) the target of
an authorisation under this Division.
(2) The police officer may exercise the powers conferred under this
Division in relation to the vehicle (and any person or thing in or
on the vehicle) without such an authorisation if the officer:
(a) has reasonable grounds for believing that there is a
large-scale public disorder occurring or a threat of such a
disorder occurring in the near future, and
Page 10
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1
(b) suspects on reasonable grounds that the occupants of the
vehicle have participated or intend to participate in the
public disorder, and
(c) is satisfied that the exercise of those powers is reasonably
necessary to prevent or control the public disorder, and
(d) is satisfied that the urgency of the circumstances require
the powers to be exercised without an authorisation under
this Division.
Division 4 Miscellaneous
87O Monitoring by Ombudsman
(1) The Ombudsman is to keep under scrutiny the exercise of powers
conferred on police officers under this Part.
(2) For that purpose, the Ombudsman may require the Commissioner
of Police or any public authority to provide information about the
exercise of those powers.
(3) The Commissioner of Police is to ensure that the Ombudsman:
(a) is notified as soon as practicable of the giving of any
authorisation under Division 2 or 3, and given a copy of
any such authorisation, and
(b) if an authorisation is revoked--is notified as soon as
practicable of the revocation.
(4) The Ombudsman must, as soon as practicable after 18 months
after the commencement of this Part, prepare a report on the
exercise of those powers and furnish a copy of the report to the
Attorney General and the Minister for Police.
(5) The report is to be tabled by the Attorney General in each House
of Parliament as soon as practicable after it is received by the
Attorney General.
(6) If a House of Parliament is not sitting when the Attorney General
seeks to table a report, copies of the report are to be presented to
the Clerk of the House concerned by the Attorney General.
(7) 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
Page 11
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Schedule 1 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
(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.
87P Sunset provision
This Part is repealed on the second anniversary of the
commencement of this Part.
[2] Section 14 Power of police officer to request disclosure of driver or
passenger identity
Omit "passenger in or on" from section 14 (1) (a).
Insert instead "driver of, or passenger in or on,".
[3] Section 14 (1)
Insert "or at or about the time the vehicle last stopped before the request was
made or a direction was given under this Division to stop the vehicle" after "so
used" wherever occurring.
[4] Section 15 Failure of driver to disclose identity
Omit "passenger in or on" from section 15 (2).
Insert instead "driver of, or passenger in or on,".
[5] Section 15 (2) (a) and (b)
Insert "driver or" before "passenger" wherever occurring.
[6] Section 15 (2) (b)
Insert "driver's or" before "passenger's".
[7] Part 4, Division 5, heading
Insert "stop," before "entry".
[8] Section 36A
Insert after section 36:
36A Power to stop vehicles
A police officer may stop a vehicle if the police officer suspects
on reasonable grounds that the driver of, or a passenger in or on,
Page 12
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1
the vehicle is a person in respect of whom the police officer has
grounds to exercise a power of arrest or detention or a search
power under this Act or any other law.
[9] Section 38 Power to give reasonable directions
Omit "search power". Insert instead "stop, search or detention power".
[10] Schedule 5 Savings and transitional provisions
Insert at the end of clause 1 (1):
Law Enforcement Legislation Amendment (Public Safety) Act
2005
Page 13
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Schedule 2 Amendment of Crimes Act 1900
Schedule 2 Amendment of Crimes Act 1900
(Section 4)
[1] Section 59A
Insert after section 59:
59A Assault during public disorder
(1) A person who assaults any person during a large-scale public
disorder, although not occasioning actual bodily harm, is liable to
imprisonment for 5 years.
(2) A person who assaults any person during a large-scale public
disorder, and by the assault occasions actual bodily harm, is
liable to imprisonment for 7 years.
(3) In this section, public disorder means a riot or other civil
disturbance that gives rise to a serious risk to public safety,
whether at a single location or resulting from a series of incidents
in the same or different locations.
(4) This section is repealed on the second anniversary of the
commencement of this section.
[2] Section 93B Riot
Omit "10 years" from section 93B (1). Insert instead "15 years".
[3] Section 93C Affray
Omit "5 years" from section 93C (1). Insert instead "10 years".
Page 14
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Bail Act 1978 Schedule 3
Schedule 3 Amendment of Bail Act 1978
(Section 5)
[1] Section 8D
Insert after section 8C:
8D Presumption against bail for offences committed in the course of
riots or other civil disturbances
(1) This section applies to the following offences:
(a) an offence under section 93B (Riot) of the Crimes Act
1900,
(b) any other offence that is punishable by imprisonment for 2
years or more and that is alleged to have been committed:
(i) in the course of the accused person participating in
a large-scale public disorder, or
(ii) in connection with the exercise of police powers to
prevent or control such a disorder or the threat of
such a disorder.
(2) In this section, public disorder means a riot or other civil
disturbance that gives rise to a serious risk to public safety,
whether at a single location or resulting from a series of incidents
in the same or different locations.
(3) 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.
(4) The requirement for bail cannot be dispensed with for a person
accused of an offence to which this section applies and section 10
(2) does not apply with respect to any such offence.
(5) Section 9 does not apply to an offence to which this section
applies.
(6) Sections 32 (6) and 38 (1A) apply to an offence to which this
section applies in the same way as they apply to an offence to
which section 8A applies.
(7) This section is repealed on the second anniversary of the
commencement of this section.
Page 15
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Schedule 3 Amendment of Bail Act 1978
[2] Schedule 1 Savings and transitional provisions
Insert after Part 15:
Part 16 Law Enforcement Legislation Amendment
(Public Safety) Act 2005
33 Offences committed or bail decision made before commencement
of Law Enforcement Legislation Amendment (Public Safety) Act
2005
(1) Section 8D, as inserted by the Law Enforcement Legislation
Amendment (Public Safety) Act 2005, extends to a grant of bail to
a person in respect of an offence committed before the
commencement of that section, whether the person was charged
with that offence before or after that commencement.
(2) The operation of this clause extends to a review under Part 6 of
this Act of a bail decision made before that commencement.
Page 16
Law Enforcement Legislation Amendment (Public Safety) Bill 2005
Amendment of Criminal Procedure Act 1986 Schedule 4
Schedule 4 Amendment of Criminal Procedure Act
1986
(Section 6)
[1] Section 268 Maximum penalties for Table 2 offences
Insert "59A," after "59," in section 268 (2) (a).
[2] Schedule 1 Indictable offences triable summarily
Insert "59A," after "59," in clause 1 of Part 1 of Table 2.
Page 17
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