LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - As at 1 March 2024 - Act 103 of 2002
- As at 1 March 2024
- Act 103 of 2002
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Interpretation
- 4 Relationship to common law and other matters
- 5 Relationship to other Acts
- 6 Inconsistency
- 7 Provisions in this Act
- 8 Act to bind Crown
PART 2 - POWERS OF ENTRY
Note
- 9 Power to enter in emergencies
- 10 Power to enter to arrest or detain someone or execute warrant
PART 3 - POWERS TO REQUIRE IDENTITY TO BE DISCLOSED
Division 1 - General powers to require identity to be disclosed
Division 1A - Power to require identity of suspected AVO defendant to be disclosed
- 13A Identity of suspected AVO defendant may be required to be disclosed
- 13B Failure of person to disclose identity on requirement
- 13C False or misleading information about identity
Division 2 - Powers to require identity of drivers and passengers to be disclosed
Division 3 - Proof of identity
Division 4 - Removal of face coverings for identification purposes
PART 4 - SEARCH AND SEIZURE POWERS WITHOUT WARRANT
Note
Division 1 - General personal search and seizure powers
Division 2 - (Repealed)
None
Division 3 - Searches of persons on arrest or while in custody
- 27 Power to carry out search on arrest
- 28 Ancillary power to search persons
- 28A Power to carry out search of person in lawful custody after arrest
Division 4 - Provisions relating generally to personal searches
Division 5 - Vehicle stop, entry, search and roadblock powers
Division 6 - Vessel and aircraft entry and search powers
- 42 Power to search vessels and aircraft and seize things without warrant
- 43 Power to board vessels
- 44 Power to search aircraft for safety reasons
- 45 Search powers relating to prohibited plants and prohibited drugs
Division 7 - Additional search and seizure powers in relation to things used to interfere with business or undertaking
- 45A Things to which Division applies
- 45B Power to search for and seize things without warrant
- 45C Forfeiture of things seized
PART 5 - SEARCH AND SEIZURE POWERS WITH WARRANT OR OTHER AUTHORITY
Note
Division 2 - Police and other law enforcement officers' powers relating to warrants
Division 3 - Notices to produce documents
- 53 Notices to produce documents
- 54 Issue of notice to produce documents
- 55 Information in application for notice to produce documents
- 56 Claims of privilege
- 57 Obligations and liability of authorised deposit-taking institution
- 58 Produced document taken to be seized
Division 4 - Provisions relating generally to warrants and notices to produce documents
Subdivision 1 - Preliminary
Division 5 - Miscellaneous
- 76A Applications with respect to covert search warrants to be dealt with in absence of public
- 76B Publication of documents relating to search warrants
- 77 Abolition of common law search warrants
- 78 Ministerial arrangements for things seized in connection with extra-territorial offences
- 79 References in other Acts to "authorised justice" or "authorised officer"
- 80 Application of warrant provisions
Division 1 - Preliminary
Division 3 - Determining applications for DECCD access orders
- 80I Matters to be considered in determining reasonable grounds for digital evidence orders
- 80J Decisions about applications for DECCD access orders
Division 5 - Miscellaneous
PART 6 - SEARCH, ENTRY AND SEIZURE POWERS RELATING TO DOMESTIC VIOLENCE OFFENCES
Note
- 81 Definitions
- 82 Entry by invitation
- 83 Warrant where entry denied or authority to remain refused
- 84 Obstruction or hindrance of person executing warrant or exercising power under this Part
- 85 Powers that may be exercised on entry into premises
- 86 Police may enter and search for firearms
- 87 Search and seizure powers
PART 6A - EMERGENCY POWERS--PUBLIC DISORDER
Division 1 - Preliminary
Division 2 - Liquor restrictions
- 87B Emergency prohibition on sale or supply of liquor
- 87C Emergency alcohol-free zones
Division 3 - Special powers to prevent or control public disorders
- 87D Authorisation of special powers to prevent or control public disorder in public place
- 87E Target of authorisation
- 87F Giving of authorisation
- 87G Duration and revocation of authorisation
- 87H Exercise of special powers conferred by authorisation by police officers
- 87I Power to place or establish cordon or roadblock
- 87J Power to stop and search vehicles
- 87K Power to search persons
- 87L Power to obtain disclosure of identity
- 87M Power to seize and detain things
- 87MA Power to disperse groups
- 87MB Powers exercisable where vehicle outside the target area of authorisation given under this Division
- 87N Emergency exercise of powers
Division 4 - Miscellaneous
- 87O Report to Law Enforcement Conduct Commission
PART 6B - PUBLIC SAFETY ORDERS
Division 1 - Interpretation
Division 2 - Making, variation and revocation of public safety orders
- 87R Power of senior police officer to make public safety order
- 87S Content and duration of public safety order
- 87T Service and notification of public safety order or variation of order
- 87U Variation and revocation of public safety order
Division 3 - Appeals against long duration public safety orders
- 87V Application of Division
- 87W Appeal to Supreme Court against long duration public safety orders
- 87X Criminal intelligence reports or other criminal information
- 87Y Determination of appeal on the merits
- 87Z Rules of court
Division 4 - Miscellaneous
- 87ZA Contravention of public safety order
- 87ZB Power to search premises and other areas and vehicles in connection with public safety order
- 87ZC Regulations
Note
PART 8 - POWERS RELATING TO ARREST
Note
- 99 Power of police officers to arrest without warrant
- 100 Power of other persons to arrest without warrant
- 101 Power to arrest with warrant
- 102 Power to arrest persons who are unlawfully at large
- 103 Warrant for arrest of person unlawfully at large
- 104 Power to arrest for interstate offences
- 104A Arrest by commander of aircraft
- 105 Arrest may be discontinued
- 106 Person helping in covert operations not under arrest
- 107 Part does not affect alternatives to arrest
- 108 Part does not affect Young Offenders Act 1997
PART 8A - USE OF POLICE IN-CAR VIDEO EQUIPMENT
PART 9 - INVESTIGATIONS AND QUESTIONING
Division 1 - Preliminary
- 109 Objects of Part
- 110 Definitions
- 111 Persons to whom Part applies
- 112 Modification of application of Part to certain persons
- 112A Application of Part in connection with execution of search warrants
- 113 Effect of Part on other powers and duties
Division 2 - Investigation and questioning powers--persons under arrest
- 114 Detention after arrest for purposes of investigation
- 115 Investigation period
- 116 Determining reasonable time
- 117 Certain times to be disregarded in calculating investigation period
- 118 Detention warrant to extend investigation period
- 119 Detention warrants
- 120 Information in application for detention warrant
- 121 Detention after arrest for purposes of investigation may count towards sentence
Division 3 - Safeguards relating to persons under arrest and protected suspects
- 122 Custody manager to caution, and give summary of Part to, person under arrest or protected suspect
- 123 Right to communicate with friend, relative, guardian or independent person and Australian legal practitioner
- 124 Right of foreign national to communicate with consular official
- 125 Circumstances in which certain requirements need not be complied with
- 126 Provision of information to friend, relative or guardian
- 127 Provision of information to certain other persons
- 128 Provision of interpreter
- 129 Right to medical attention
- 130 Right to reasonable refreshments and facilities
- 131 Custody records to be maintained
PART 10 - OTHER POWERS RELATING TO PERSONS IN CUSTODY AND TO OTHER OFFENDERS
Note
Division 1 - Taking of identification particulars from persons in custody
- 133 Power to take identification particulars
- 134 Orders for the taking of identification particulars
- 135 Lawful custody of persons other than police officers
- 136 Identification particulars of children under 14 years
- 137 Destruction of certain identification particulars relating to children
- 137A Destruction of finger-prints and palm-prints (adults and children)
- 137B Extension of period at the end of which finger-prints and palm-prints may be destroyed
- 137C Commissioner may order destruction of identification particulars
Division 2 - Examination of persons in custody
- 138 Power to examine person in custody
Division 3 - Taking of identification particulars from other offenders
Note
- 138A Taking of finger-prints and palm-prints from persons issued penalty notices
- 138B Taking of finger-prints and palm-prints from persons required to attend court
- 138C Safeguards for exercise of powers to obtain finger-prints and palm-prints without arrest
Division 4 - Testing of certain offenders for intoxication
- 138D Persons to whom Division applies and purpose of exercise of powers
- 138E Definitions
- 138F Breath testing and breath analysis for presence of alcohol
- 138G Blood and urine samples for analysis for presence of alcohol or drugs
- 138H Offences relating to testing
PART 11 - DRUG DETECTION POWERS
Division 1 - Drug premises
Division 2 - Use of drug detection dogs
- 145 Meaning of "general drug detection"
- 146 General authority to use drug detection dogs
- 147 Use of dogs for general drug detection authorised
- 148 General drug detection with dogs in authorised places
- 149 General drug detection with dogs by warrant
- 150 Provisions relating to general drug detection
Division 3 - (Repealed)
None
PART 12 - (Repealed)
PART 13 - USE OF DOGS TO DETECT FIREARMS AND EXPLOSIVES
- 193 Definitions
- 194 Part does not confer power of entry or detention
- 195 General authority to use dogs for detecting firearms or explosives
- 196 General firearms or explosives detection using dogs
PART 14 - POWERS TO GIVE DIRECTIONS
Note
- 197 Directions generally relating to public places
- 198 Move on directions to intoxicated persons in public places
- 198A Giving of directions to groups of persons
- 199 Failure to comply with direction
- 200 Limitation on exercise of police powers under this Part
- 200A Code of practice
PART 15 - SAFEGUARDS RELATING TO POWERS
Note
- 201 Police powers to which this Part applies
- 202 Police officers to provide information when exercising powers
- 203 Police officers to give warnings when giving or making directions, requirements or requests that must be complied with
- 204 Detention period for search of vehicles etc limited
- 204A Validity of exercise of powers
- 204B Commission of offence in relation to exercise of powers where failure by police officer to comply with this Part
PART 16 - POWERS RELATING TO DETENTION OF INTOXICATED PERSONS
- 205 Definitions
- 206 Detention of intoxicated persons
- 207 Detention of persons in authorised places of detention
- 208 Searching detained persons
- 209 Records
- 210 Police officers and others not liable for certain acts or omissions
PART 16A - POWERS RELATING TO FORTIFIED PREMISES
- 210A Definitions
- 210B Fortification removal order
- 210C Application for fortification removal order
- 210D Enforcement of fortification removal order
- 210E Hindering removal or modification of fortifications
- 210F Liability for damage
- 210G Extension of order
- 210H Withdrawal of order
- 210I Application of planning controls
- 210J Delegation
PART 16B - ENTRY ONTO LAND TO MUSTER STOCK
- 210K Definitions
- 210L Stock mustering orders
- 210M Application for stock mustering order
- 210N Notice of stock mustering order
- 210O Entering land to enforce stock mustering order
- 210P Preventing, hindering or obstructing enforcement of stock mustering order
PART 17 - PROPERTY IN POLICE CUSTODY
Division 1 - Confiscated knives and other dangerous articles and implements
Division 2 - Other property in police custody
- 215 Definitions
- 216 Application to property
- 217 Right to inspect seized documents
- 218 Return of seized things
- 219 Disposal of property on application to court
- 220 Disposal of property connected with an offence after determination of proceedings
- 221 Disposal of unclaimed property not connected with an offence
- 222 Procedure where no dispute as to ownership of livestock and owner known
- 223 Procedure where no dispute as to ownership of livestock but owner not known
- 224 Procedure if there is a dispute as to ownership of livestock
- 225 Disposition of benefit derived from livestock
- 226 Notification of right to recover proceeds of sale
- 227 Livestock provisions in addition to other provisions
- 228 Application to Treasurer for recovery of money or proceeds of sale
- 229 Courts having jurisdiction under this Division
PART 18 - USE OF FORCE
PART 19 - MISCELLANEOUS
- 231A Prohibition on use of spit hoods
- 232 Protection of police acting in execution of warrant
- 233 Admissibility of evidence of searches
- 234 Proceedings for offences
- 235 Penalty notices
- 236 Onus of proof of reasonable excuse
- 237 Commissioner's instructions
- 237A Review of certain provisions relating to digital evidence access orders
- 238 Regulations
- 239 Repeals
240. (Repealed)
- 241 Savings and transitional provisions
- 242 Monitoring of operation of certain provisions of Act by Inspector
- 242A Annual reports to be given to Attorney General and Minister for Police
- 242B Monitoring of operation of Division 4 of Part 3 by Chief Commissioner of LECC
- 243 Review of Act