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New South Wales
Police Legislation Amendment (Special
Constables) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Service Act 1990 No 47 2
4 Amendment of other Acts 2
5 Repeal of Police (Special Provisions) Act 1901 No 5 2
Schedules
1 Amendment of Police Service Act 1990 3
2 Amendment of other Acts 10
b01-013-p01.807
New South Wales
Police Legislation Amendment (Special
Constables) Bill 2001
No , 2001
A Bill for
An Act to amend the Police Service Act 1990 with respect to recognised law
enforcement officers and the appointment and transfer of security officers and
Police Band members; to repeal the Police (Special Provisions) Act 1901; to make
consequential amendments to other Acts; and for other purposes.
Clause 1 Police Legislation Amendment (Special Constables) Bill 2001
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Police Legislation Amendment (Special Constables) 3
Act 2001. 4
2 Commencement 5
This Act commences on a day or days to be appointed by 6
proclamation. 7
3 Amendment of Police Service Act 1990 No 47 8
The Police Service Act 1990 is amended as set out in Schedule 1. 9
4 Amendment of other Acts 10
Each Act referred to in Schedule 2 is amended as set out in that 11
Schedule. 12
5 Repeal of Police (Special Provisions) Act 1901 No 5 13
The Police (Special Provisions) Act 1901 is repealed on 1 January 14
2002, or on the commencement of this section, whichever is the later. 15
Page 2
Police Legislation Amendment (Special Constables) Bill 2001
Amendment of Police Service Act 1990 Schedule 1
Schedule 1 Amendment of Police Service Act 1990 1
(Section 3) 2
[1] Section 81AA 3
Insert after section 81: 4
81AA Administrative officers (special constable) 5
(1) The Commissioner may appoint a person to a non-executive 6
position in the Police Service as an administrative officer 7
(special constable) and may specify the functions of the 8
position. 9
(2) The position of administrative officer (special constable) is to 10
be designated as a position available to administrative officers 11
and the provisions of this Act and the regulations apply 12
accordingly. 13
(3) An administrative officer (special constable) is to have the 14
functions relating to the security of buildings owned or 15
occupied by the Crown or government or public authorities that 16
are specified for the purposes of the position by the 17
Commissioner. 18
(4) The regulations may make provision for or with respect to 19
identification requirements for, and the wearing of uniform by, 20
administrative officers (special constable). 21
(5) Section 211A applies to and in respect of a person who is an 22
administrative officer (special constable) in the same way that 23
it applies to and in respect of a police officer. 24
[2] Section 203 Protection of police uniforms and police insignia 25
Insert "this Act," before "the regulations" in section 203 (5) (a). 26
Page 3
Police Legislation Amendment (Special Constables) Bill 2001
Schedule 1 Amendment of Police Service Act 1990
[3] Part 10B 1
Insert after Part 10A: 2
Part 10B Recognised law enforcement officers 3
207B Recognition of other law enforcement officers 4
(1) The Commissioner may, by instrument in writing, appoint any 5
of the following persons as recognised law enforcement 6
officers: 7
(a) members of the Australian Federal Police, 8
(b) members of the police force of another State or a 9
Territory, 10
(c) members of the police force of any country prescribed 11
by the regulations, 12
(d) administrative officers (special constable) (as referred to 13
in section 81AA). 14
(2) The Commissioner must not appoint a person, or a group of 15
persons, as recognised law enforcement officers unless the 16
person or persons are to be, in the opinion of the 17
Commissioner, subject to an appropriate disciplinary system in 18
respect of the exercise of their functions as recognised law 19
enforcement officers. 20
(3) An appointment as a recognised law enforcement officer may 21
be made subject to conditions. The kinds of conditions to 22
which an appointment may be subject include (but are not 23
limited to) conditions as to the kinds of functions conferred and 24
the purposes for and circumstances in which such functions 25
may be exercised. 26
(4) If the Commissioner appoints an individual as a recognised law 27
enforcement officer, the Commissioner must specify the term 28
of the appointment. 29
(5) The Commissioner may, at any time, revoke the appointment 30
of a person or persons as recognised law enforcement officers 31
and may, at any time, impose, vary or revoke any conditions of 32
an appointment. 33
Page 4
Police Legislation Amendment (Special Constables) Bill 2001
Amendment of Police Service Act 1990 Schedule 1
(6) A person who is a recognised law enforcement officer because 1
he or she is a member of a police force or because he or she 2
holds the position of an administrative officer (special 3
constable) ceases to be a recognised law enforcement officer on 4
ceasing to be such a member or holding such a position. 5
207C Oath or affirmation by recognised law enforcement officers 6
(1) Before a person commences to exercise any of the functions of 7
a recognised law enforcement officer, the person must take the 8
oath or make the affirmation of office as a recognised law 9
enforcement officer in accordance with the regulations. 10
(2) The regulations may exempt a person or class of persons from 11
the operation of this section. 12
207D Recognised law enforcement officers to have police functions 13
(1) A recognised law enforcement officer has and may exercise all 14
the functions (including powers, immunities, liabilities and 15
responsibilities) that a police officer of the rank of constable 16
duly appointed under this Act has and may exercise under any 17
law of the State (including the common law and this Act). 18
(2) Those functions extend to functions conferred after the 19
commencement of this section. 20
(3) The conferral of functions by this section on a recognised law 21
enforcement officer is subject to any applicable conditions of 22
the officer's appointment as a recognised law enforcement 23
officer. 24
(4) The regulations may make provision for or with respect to 25
identification requirements for, or the wearing of uniform by, 26
recognised law enforcement officers. 27
207E Revocation of appointment of unsuitable persons 28
Without limiting section 207B (5), the Commissioner may, at 29
any time, revoke the appointment of a person as a recognised 30
law enforcement officer if of the opinion that the person is not 31
a suitable person to be a recognised law enforcement officer. 32
Page 5
Police Legislation Amendment (Special Constables) Bill 2001
Schedule 1 Amendment of Police Service Act 1990
[4] Section 218A Police Band 1
Omit section 218A (1). Insert instead: 2
(1) There is to be a Police Band consisting of members of the 3
Police Service. 4
[5] Section 218A (3) 5
Insert at the end of section 218A: 6
(3) A member of the Police Band who is not a police officer may 7
wear a police uniform for the following purposes: 8
(a) carrying out ceremonial functions as a member of the 9
Band, 10
(b) carrying out, as a member of the Band, other functions 11
approved by the Commissioner for the purposes of this 12
subsection. 13
[6] Schedule 4 Savings, transitional and other provisions 14
Insert at the end of clause 2 (1): 15
Police Legislation Amendment (Special Constables) Act 2001 16
[7] Schedule 4 17
Insert in appropriate order and with appropriate part and clause numbering 18
in Schedule 4: 19
Part Provisions consequent on enactment of 20
Police Legislation Amendment (Special 21
Constables) Act 2001 22
Definitions 23
In this Part: 24
special constable means a person holding office as a special 25
constable under the Police (Special Provisions) Act 1901 26
immediately before the repeal of that Act. 27
Page 6
Police Legislation Amendment (Special Constables) Bill 2001
Amendment of Police Service Act 1990 Schedule 1
transferred employee means a person employed as an 1
administrative officer (special constable) or as an administrative 2
officer in the Police Service by virtue of this Part. 3
Existing special constables 4
(1) A special constable ceases to hold office as a special constable 5
on the repeal of the Police (Special Provisions) Act 1901. 6
(2) The repeal of that Act does not affect the validity of the 7
exercise of any function by a special constable before that 8
repeal or any proceedings initiated by a special constable before 9
that repeal. 10
Appointment of existing security officers 11
(1) On the commencement of this clause, the employees specified 12
in an order made under subclause (2): 13
(a) are transferred to the Police Service, and 14
(b) are taken to be appointed as administrative officers 15
(special constable) under this Act. 16
(2) The Governor may, on the recommendation of the 17
Commissioner, by order published in the Gazette, specify the 18
employees under the control of the Commissioner, and 19
employed to perform security duties relating to buildings 20
owned or occupied by the Crown or government or public 21
authorities, to be transferred under this clause. 22
(3) The order may nominate the classification of the position to 23
which a transferred employee is transferred and may appoint 24
any or all of the transferred employees as recognised law 25
enforcement officers under section 207B. 26
(4) Part 6 of this Act does not apply to or in respect of the 27
appointment of a transferred employee under this clause. 28
Appointment of existing Police Band officers 29
(1) On the commencement of this clause, the employees specified 30
in an order made under subclause (2): 31
(a) are transferred to the Police Service, and 32
(b) are taken to be employed as administrative officers 33
under this Act. 34
Page 7
Police Legislation Amendment (Special Constables) Bill 2001
Schedule 1 Amendment of Police Service Act 1990
(2) The Governor may, on the recommendation of the 1
Commissioner, by order published in the Gazette, specify the 2
employees who are members of the Police Band (but not 3
members of the Police Service) to be transferred under this 4
clause. 5
(3) The order may nominate the classification of the position to 6
which a transferred employee is transferred. 7
(4) Part 6 of this Act does not apply to or in respect of the 8
appointment of a transferred employee under this clause. 9
Conditions of employment 10
A transferred employee is to be employed in accordance with 11
any relevant statutory provisions, awards, agreements and 12
determinations applicable to an administrative officer of the 13
classification to which the employee is transferred. 14
Leave 15
A transferred employee retains any rights to annual leave, 16
extended service leave and sick leave accrued or accruing in his 17
or her previous employment. 18
Superannuation 19
(1) A transferred employee: 20
(a) may continue to contribute to any superannuation 21
scheme to which he or she was a contributor 22
immediately before becoming a transferred employee, 23
and 24
(b) is entitled to receive any payment, pension or gratuity 25
accrued or accruing under the scheme, 26
as if he or she had continued to be such a contributor during 27
service with the Police Service. 28
(2) Service by the transferred employee with the Police Service is 29
taken to be service as an officer in his or her previous 30
employment for the purposes of any law under which the 31
officer continues to contribute to the scheme or by which an 32
entitlement under the scheme is conferred. 33
Page 8
Police Legislation Amendment (Special Constables) Bill 2001
Amendment of Police Service Act 1990 Schedule 1
(3) The transferred employee is to be regarded as an officer or 1
employee, and the Police Service is to be regarded as the 2
employer, for the purposes of the scheme. 3
(4) This clause ceases to apply to the transferred employee if he or 4
she becomes a contributor to another superannuation scheme, 5
but the transferred employee is not prevented from receiving a 6
resignation benefit from the first superannuation scheme. 7
No dual benefits 8
A transferred employee is not entitled to claim, both under this 9
Act and any other Act, dual benefits of the same kind for the 10
same period of service. 11
Page 9
Police Legislation Amendment (Special Constables) Bill 2001
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
(Section 4) 2
2.1 Firearms Act 1996 No 46 3
[1] Section 6 Application of Act 4
Insert after section 6 (2) (d): 5
(e) as a member of the police force of another country, but 6
only if the person is a recognised law enforcement 7
officer under Part 10B of the Police Service Act 1990 8
and is acting in accordance with any conditions of the 9
appointment as a recognised law enforcement officer, or 10
(e1) as a person seconded to the Police Service, but only if 11
the person is a recognised law enforcement officer 12
under Part 10B of the Police Service Act 1990 and is 13
acting in accordance with any conditions of the 14
appointment as a recognised law enforcement officer, or 15
(e2) as an administrative officer (special constable) 16
employed under the Police Service Act 1990, or 17
[2] Section 12 Genuine reasons for having a licence 18
Omit "who is a special constable" from the Table to the section. 19
Insert instead "who is appointed by the Minister administering the 20
Prevention of Cruelty to Animals Act 1979 as an officer for the purposes of 21
that Act". 22
2.2 Law Reform (Vicarious Liability) Act 1983 No 38 23
Section 5 Definitions 24
Omit the definition of office from section 5 (1). 25
Page 10
Police Legislation Amendment (Special Constables) Bill 2001
Amendment of other Acts Schedule 2
2.3 Local Government Act 1993 No 30 1
Dictionary 2
Omit the definition of police officer. 3
2.4 Mining Act 1992 No 29 4
Section 320 Warden may authorise person or officer to perform 5
any prescribed act 6
Omit "or special constable" from section 320 (b). 7
2.5 Prevention of Cruelty to Animals Act 1979 No 200 8
Section 4 Definitions 9
Omit paragraph (b) of the definition of officer in section 4 (1). 10
Insert instead: 11
(b) an officer of an approved charitable organisation who is 12
appointed by the Minister as an officer for the purposes 13
of this Act, or 14
Page 11
Police Legislation Amendment (Special Constables) Bill 2001
Schedule 2 Amendment of other Acts
2.6 Roads Act 1993 No 33 1
Dictionary 2
Omit from the definition of authorised officer: 3
(d) a police officer, 4
and, in relation to the provisions of sections 232 and 233, 5
includes a special constable authorised by the RTA to exercise 6
the functions of an authorised officer under those provisions. 7
Insert instead: 8
(d) a police officer. 9
2.7 Security Industry Act 1997 No 157 10
Section 6 Application of Act 11
Omit the section 6 (2) (d). Insert instead: 12
(d) a recognised law enforcement officer, or an 13
administrative officer (special constable), appointed 14
under the Police Service Act 1990, 15
2.8 Weapons Prohibition Act 1998 No 127 16
Section 6 Application of Act 17
Insert at the end of section 6 (2) (d): 18
, or 19
(e) as a member of the police force of another country, but 20
only if the person is a recognised law enforcement 21
officer under Part 10B of the Police Service Act 1990 22
and is acting in accordance with any conditions of the 23
appointment as a recognised law enforcement officer, or 24
Page 12
Police Legislation Amendment (Special Constables) Bill 2001
Amendment of other Acts Schedule 2
(f) as a person seconded to the Police Service, but only if 1
the person is a recognised law enforcement officer 2
under Part 10B of the Police Service Act 1990 and is 3
acting in accordance with any conditions of the 4
appointment as a recognised law enforcement officer, or 5
(g) as an administrative officer (special constable) 6
employed under the Police Service Act 1990. 7
Page 13
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