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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Powers (Vehicles) Amendment
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Powers (Vehicles) Act 1998 No 166 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, , 2001
New South Wales
Police Powers (Vehicles) Amendment
Bill 2001
Act No , 2001
An Act to amend the Police Powers (Vehicles) Act 1998 with respect to the powers
conferred on police officers to stop and search vehicles and to obtain information
concerning the identity of drivers of and passengers in or on vehicles used in the
commission of certain offences; 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 Police Powers (Vehicles) Amendment Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Police Powers (Vehicles) Amendment Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Police Powers (Vehicles) Act 1998 No 166
The Police Powers (Vehicles) Act 1998 is amended as set out in
Schedule 1.
Page 2
Police Powers (Vehicles) Amendment Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Omit "driver" wherever occurring in the definition of identity.
Insert instead "person".
[2] Section 3
Insert in alphabetical order:
road block authorisation means an authorisation given by a
senior police officer under section 10.
[3] Section 3, definition of "search authorisation"
Omit the definition.
[4] Section 3, definition of "vehicle search power"
Omit the definition.
[5] Section 6 Power of police officers to request disclosure of driver or
passenger identity
Omit section 6 (1). Insert instead:
(1) A police officer who reasonably suspects that a vehicle was or
may have been used in or in connection with the commission
of an indictable offence may make any one or more of the
following requests:
(a) a request that the driver of the vehicle disclose his or
her identity and the identity of any passenger in or on
the vehicle at or about the time the vehicle was or may
have been so used,
(b) a request that any passenger in or on the vehicle
disclose his or her identity and the identity of the driver
of, or any other passenger in or on, the vehicle at or
about the time the vehicle was or may have been so
used,
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Police Powers (Vehicles) Amendment Bill 2001
Schedule 1 Amendments
(c) a request that any owner of the vehicle (who was not the
driver or a passenger) disclose the identity of the driver
of, and any passenger in or on, the vehicle at or about
the time the vehicle was or may have been so used.
[6] Section 7A
Insert after section 7:
7A Failure of passenger to disclose identity on request
(1) A passenger in or on a vehicle who is requested by a police
officer to disclose his or her identity under section 6 must
(unless the passenger has a reasonable excuse for not doing so)
disclose that fact to the officer.
Maximum penalty: 50 penalty units or 12 months
imprisonment, or both.
(2) A passenger in or on a vehicle who is requested by a police
officer to disclose the identity of the driver of, or any other
passenger in or on, the vehicle under section 6 must (unless the
passenger has a reasonable excuse for not doing so):
(a) disclose the full and correct identity of the driver or
other passenger, or
(b) if the passenger does not know the full and correct
identity of the driver or other passenger--disclose such
information about the driver's or other passenger's
identity (such as any alias or the general location of his
or her residential address) as is known to the passenger.
Maximum penalty: 50 penalty units or 12 months
imprisonment, or both.
[7] Section 9A
Insert after section 9:
9A Power of police officers to request proof of identity
A police officer may request a person who is required under
this Part to disclose his or her identity to provide proof of his
or her identity.
Page 4
Police Powers (Vehicles) Amendment Bill 2001
Amendments Schedule 1
[8] Section 10 Powers to stop and search vehicles
Omit section 10 (1) and (2). Insert instead:
(1) Vehicle search powers
A police officer may exercise any or all of the vehicle search
powers in respect of a vehicle (or class of vehicles) on a road,
road related area or other public place if:
(a) the police officer suspects on reasonable grounds that:
(i) the vehicle (or a vehicle of the specified class of
vehicles) is being, or was or may have been,
used in or in connection with the commission of
any indictable offence, and
(ii) the exercise of the powers may provide
evidence of the commission of the offence, or
(b) the police officer suspects on reasonable grounds that
circumstances exist on or in the vicinity of that road,
area or place that are likely to give rise to a serious risk
to public safety and that the exercise of the powers may
lessen the risk.
(2) Vehicle road block powers
A police officer may exercise vehicle road block powers if
authorised to do so under a road block authorisation.
(2A) Road block authorisation
A senior police officer may authorise another police officer to
exercise any or all of the vehicle road block powers in respect
of a vehicle (or class of vehicles) on a road, road related area or
other public place if:
(a) the senior police officer suspects on reasonable grounds
that:
(i) the vehicle (or a vehicle of the specified class of
vehicles) is being, or was or may have been,
used in or in connection with the commission of
any indictable offence, and
(ii) the exercise of the powers may provide evidence
of the commission of the offence, or
Page 5
Police Powers (Vehicles) Amendment Bill 2001
Schedule 1 Amendments
(b) the senior police officer suspects on reasonable grounds
that circumstances exist on or in the vicinity of that
road, area or place that are likely to give rise to a serious
risk to public safety and that the exercise of the powers
may lessen the risk.
[9] Section 10 (3)
Omit "A search authorisation to exercise a particular vehicle search power
includes".
Insert instead "A police officer who exercises a vehicle search power under
this section, or who is authorised to exercise a vehicle road block power
under this section, has".
[10] Section 10 (5)
Omit "a search authorisation" wherever occurring.
Insert instead "this section".
[11] Section 10 (6)
Omit the subsection. Insert instead:
(6) Definitions
In this section:
vehicle road block power means a power:
(a) to establish a road block (consisting of any appropriate
form of barrier or obstruction preventing or limiting the
passage of vehicles) on any specified road, road related
area or other public place, or
(b) to stop vehicles at a road block.
vehicle search power means a power:
(a) to stop vehicles (other than at a road block), or
(b) to search vehicles (whether at a road block or otherwise)
for the purposes of seeking evidence of the commission
of the indictable offence or lessening the risk to public
safety concerned and to give reasonable directions to
any person in the vehicles for the purpose of facilitating
the search, or
Page 6
Police Powers (Vehicles) Amendment Bill 2001
Amendments Schedule 1
(c) to take possession of any object found in the course of
such a search that the police officer conducting the
search suspects on reasonable grounds constitutes
evidence of any indictable offence.
[12] Section 11 Duration and form of road block authorisation
Omit "search authorisation" wherever occurring.
Insert instead "road block authorisation".
[13] Section 12 Record of road block authorisation
Omit "search authorisation" wherever occurring.
Insert instead "road block authorisation".
[14] Section 12 (1) (a) (ii)
Omit "vehicle search".
[15] Section 16 Monitoring of operation of Act by Ombudsman
Omit section 16 (1). Insert instead:
(1) For the period of 12 months from the date of assent to the
Police Powers (Vehicles) Amendment Act 2001, the
Ombudsman is to keep under scrutiny the exercise of the
additional powers conferred on police officers under that Act.
Page 7
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