Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Law Enforcement (Powers and
Responsibilities) Act 2002:

(a) to make it clear that the power to search a person under arrest includes a power
to require the person to open his or her mouth or shake his or her hair (so as to
enable inspection for concealed drugs or other items), and

(b) to remove the requirement that the name of the authorised officer who issues
a search warrant appear on an occupier’s notice, and

(c) to allow crime scene warrants issued in connection with terrorism offences to
be extended so as to have effect for a period of up to 720 hours (30 days) after
issue, and

(d) to allow administrative officers of the NSW Police Force to exercise certain
crime scene powers in relation to vehicles in public places that are reported as
being stolen, without the necessity of a police officer being present, and

(e) to repeal the provisions of that Act that provide for police use of medical
imaging to search for internally concealed drugs, and

(f) to allow the use of a tyre deflation device by police for the purpose of
preventing the use of a vehicle by a person to escape lawful custody or avoid
arrest.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Law
Enforcement (Powers and Responsibilities) Act 2002.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [2] clarifies that the power to search a person who is under arrest
conferred on police officers by section 23 of the Law Enforcement (Powers and
Responsibilities) Act 2002 includes a power to request the person to open his or her
mouth or to shake, or otherwise move, his or her hair so as to enable the police officer
to search for concealed items (such as prohibited drugs). The provision is similar to
the power conferred by existing section 21A of that Act.

Schedule 1 [3] removes the requirement that the name of the authorised officer who
issues a search warrant be included in the occupier’s notice that is provided to the
occupier of the premises that are searched.

At present, the maximum period for which a crime scene warrant may be issued to
have effect (taking into account possible extensions) is 144 hours (or 6 days).

Schedule 1 [4] and [5] allow an authorised officer who extends a crime scene
warrant to extend the warrant so that it has effect for a period of up to 720 hours (or
30 days) after its issue, but only if the offence in connection with which the warrant
is issued is a terrorism offence and the authorised officer is satisfied that there are
reasonable grounds for extending the warrant beyond the usual 144 hour period.

Schedule 1 [10] allows a scene of crime officer (who is a member of the NSW Police
Force responsible for examining or maintaining crime scenes, and not necessarily a
police officer) to establish a crime scene in relation to a vehicle in a public place if
the officer has reasonable grounds to suspect that it is a vehicle that has been reported
as stolen by an owner or authorised user of the vehicle. The scene of crime officer
will be able to exercise certain investigatory powers in relation to that crime scene if
reasonably necessary to preserve, or search for and gather, evidence of the theft of
the vehicle. It will no longer be necessary in these circumstances for a police officer

---

Explanatory note page 3

Law Enforcement (Powers and Responsibilities) Amendment Bill 2007
Explanatory note
to establish the crime scene or to authorise the scene of crime officer to exercise the
investigatory powers.

Schedule 1 [1] inserts a definition of scene of crime officer into the Law
Enforcement (Powers and Responsibilities) Act 2002 and Schedule 1 [9] makes
amendments that are consequential to the inclusion of that definition. Schedule 1 [7]
and [8] ensure that police officers are entitled to exercise crime scene powers at a
crime scene established by a scene of crime officer under the new provisions.

Schedule 1 [6] moves a provision of the Act that prevents a police officer
establishing a crime scene more than once on the same premises in any 24 hour
period, so as to facilitate its application to crime scenes established by scene of crime
officers.

Schedule 1 [11] repeals the provisions of the Law Enforcement (Powers and
Responsibilities) Act 2002 that provide for the use of medical imaging to search for
internally concealed drugs.

Schedule 1 [12] enables the Commissioner of Police to authorise the use of a tyre
deflation device by police officers for the purpose of preventing the use of a vehicle
by a person to escape from lawful custody or avoid arrest. At present, tyre deflation
devices may only be used in connection with a police pursuit that has already
commenced.

Schedule 1 [13] enables savings and transitional regulations to be made as a
consequence of the amendments.

Schedule 1 [14] provides for transitional matters.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]