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This is a Bill, not an Act. For current law, see the Acts databases.
Police Legislation Amendment
(Recognised Law Enforcement
Officers) Bill 2010
No , 2010
A Bill for
An Act to amend the Police Act 1990 to make provision with respect to the exercise
of police powers by police officers of other jurisdictions; and for other purposes.
Police Legislation Amendment (Recognised Law Enforcement Officers)
Clause 1 Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Police Legislation Amendment (Recognised Law 3
Enforcement Officers) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Police Legislation Amendment (Recognised Law Enforcement Officers)
Bill 2010
Amendment of Police Act 1990 No 47 Schedule 1
Schedule 1 Amendment of Police Act 1990 No 47 1
[1] Section 3 Definitions 2
Insert in alphabetical order in section 3 (1): 3
recognised law enforcement officer means a person appointed as 4
a recognised law enforcement officer under Part 10B whose 5
appointment is in force. 6
[2] Part 10B 7
Insert after Part 10A: 8
Part 10B Recognised law enforcement officers 9
207B Appointment of recognised law enforcement officers 10
(1) The Commissioner may appoint any of the following persons as 11
recognised law enforcement officers (whether by appointing all 12
such persons, any class of them or any individual): 13
(a) members of the Australian Federal Police, 14
(b) members of the police force of another State or a Territory. 15
(2) An appointment is to be made: 16
(a) by notice in writing given to each person appointed, or 17
(b) by notice published in the Gazette. 18
(3) The notice is to specify any conditions to which the appointment 19
is subject and the term of the appointment if the appointment is 20
for a limited term. 21
(4) The Commissioner must not appoint any person as a recognised 22
law enforcement officer unless the person is to be, in the opinion 23
of the Commissioner, subject to an appropriate disciplinary 24
system in respect of the exercise of the person's functions as a 25
recognised law enforcement officer. 26
(5) An appointment as a recognised law enforcement officer may be 27
made subject to conditions, including (but not limited to) 28
conditions as to the kinds of functions conferred and the purposes 29
for and circumstances in which such functions may be exercised. 30
207C Variation and revocation of appointment and imposition of 31
conditions 32
(1) The Commissioner may, at any time by notice: 33
(a) revoke an appointment under section 207B, or 34
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Police Legislation Amendment (Recognised Law Enforcement Officers)
Bill 2010
Schedule 1 Amendment of Police Act 1990 No 47
(b) impose any condition on an appointment under 1
section 207B, or 2
(c) vary or revoke any condition of an appointment under 3
section 207B. 4
(2) Without limiting subsection (1), the Commissioner may, at any 5
time by notice, revoke the appointment of a person as a 6
recognised law enforcement officer if the Commissioner is of the 7
opinion that the person is not a suitable person to be a recognised 8
law enforcement officer. 9
(3) A notice required to be given under this section must: 10
(a) be in writing given to each recognised law enforcement 11
officer concerned, or 12
(b) be published in the Gazette. 13
(4) A person who is a recognised law enforcement officer because he 14
or she is a member of the Australian Federal Police or of the 15
police force of another State or a Territory ceases to be a 16
recognised law enforcement officer on ceasing to be such a 17
member. 18
207D Oath or affirmation by recognised law enforcement officers 19
(1) Before a person commences to exercise any of the functions of a 20
recognised law enforcement officer, the person must take the 21
oath or make the affirmation of office as a recognised law 22
enforcement officer in accordance with the regulations. 23
(2) The regulations may exempt a person or class of persons from the 24
operation of this section. 25
207E Recognised law enforcement officers to have police functions 26
(1) A recognised law enforcement officer has and may exercise all 27
the functions (including powers, immunities, liabilities and 28
responsibilities) that a police officer of the rank of constable duly 29
appointed under this Act has and may exercise under any law of 30
the State (including the common law and this Act). 31
(2) Those functions extend to functions conferred after the 32
commencement of this section on a police officer of the rank of 33
constable duly appointed under this Act. 34
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Police Legislation Amendment (Recognised Law Enforcement Officers)
Bill 2010
Amendment of Police Act 1990 No 47 Schedule 1
(3) For the purposes only of subsections (1) and (2), a provision of 1
any Act or statutory instrument applies to a recognised law 2
enforcement officer in the same way as it applies to a police 3
officer in his or her capacity as a police officer and, in particular, 4
the following provisions so apply: 5
(a) the Law Enforcement (Powers and Responsibilities) Act 6
2002, 7
(b) Division 8A of Part 3 of the Crimes Act 1900, 8
(c) the Law Reform (Vicarious Liability) Act 1983, 9
(d) the Firearms Act 1996, 10
(e) the Weapons Prohibition Act 1998. 11
(4) However, the provisions of this Act (except this Part and 12
sections 6, 14 and 213), and the regulations under this Act, 13
applying to police officers do not apply to a recognised law 14
enforcement officer. 15
(5) Despite subsections (3) and (4), the regulations may: 16
(a) declare that any provision of any Act or statutory 17
instrument applies to a recognised law enforcement officer 18
in the same way as it applies to a police officer in his or her 19
capacity as a police officer, either generally or in 20
prescribed circumstances, and 21
(b) provide that any such provision applies to a recognised law 22
enforcement officer with such modifications as may be 23
prescribed, and 24
(c) declare that any provision of any Act or statutory 25
instrument that applies to a police officer in his or her 26
capacity as a police officer does not apply to a recognised 27
law enforcement officer, either generally or in prescribed 28
circumstances. 29
(6) The conferral of functions by this section on a recognised law 30
enforcement officer is subject to any applicable conditions of the 31
officer's appointment as a recognised law enforcement officer. 32
(7) The regulations may make provision for or with respect to 33
identification requirements for, or the wearing of uniforms by, 34
recognised law enforcement officers. 35
(8) A reference in this section to a police officer in his or her capacity 36
as a police officer includes a reference to a police officer in his or 37
her capacity as a member of the NSW Police Force. 38
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Police Legislation Amendment (Recognised Law Enforcement Officers)
Bill 2010
Schedule 1 Amendment of Police Act 1990 No 47
[3] Schedule 4 Savings, transitional and other provisions 1
Insert at the end of clause 2 (1): 2
Police Legislation Amendment (Recognised Law Enforcement 3
Officers) Act 2010 4
[4] Schedule 4, Part 26 5
Insert after Part 25: 6
Part 26 Provisions consequent on enactment of 7
Police Legislation Amendment 8
(Recognised Law Enforcement Officers) 9
Act 2010 10
78 Existing special constables 11
(1) A person appointed as a special constable under 12
section 101 (1A) (a) of the Police (Special Provisions) Act 1901 13
immediately before the repeal of that paragraph ceases to hold the 14
office of special constable on that repeal. 15
(2) The repeal of section 101 (1A) (a) of the Police (Special 16
Provisions) Act 1901 does not affect the validity of the exercise 17
of any function by a special constable before that repeal or any 18
proceedings initiated by a special constable before that repeal. 19
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Police Legislation Amendment (Recognised Law Enforcement Officers)
Bill 2010
Amendment of Police (Special Provisions) Act 1901 No 5 Schedule 2
Schedule 2 Amendment of Police (Special 1
Provisions) Act 1901 No 5 2
[1] Section 101 Magistrates or Justices may appoint special constables 3
Omit section 101 (1A) (a). 4
[2] Section 101 (4) 5
Omit the subsection. 6
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