New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 207E

207E Recognised law enforcement officers to have police functions

(1) A recognised law enforcement officer has and may exercise all the functions (including powers, immunities, liabilities and responsibilities) that a police officer of the rank of constable duly appointed under this Act has and may exercise under any law of the State (including the common law and this Act).

(2) Those functions extend to functions conferred after the commencement of this section on a police officer of the rank of constable duly appointed under this Act.

(3) For the purposes only of subsections (1) and (2), a provision of any Act or statutory instrument applies to a recognised law enforcement officer in the same way as it applies to a police officer in his or her capacity as a police officer and, in particular, the following provisions so apply:

(a) the Law Enforcement (Powers and Responsibilities) Act 2002 ,

(b) Division 8A of Part 3 of the Crimes Act 1900 ,

(c) the Law Reform (Vicarious Liability) Act 1983 ,

(d) the Firearms Act 1996 ,

(e) the Weapons Prohibition Act 1998 .

(4) However, the provisions of this Act (except this Part and sections 6, 14 and 213), and the regulations under this Act, applying to police officers do not apply to a recognised law enforcement officer.

(5) Despite subsections (3) and (4), the regulations may:

(a) declare that any provision of any Act or statutory instrument applies to a recognised law enforcement officer in the same way as it applies to a police officer in his or her capacity as a police officer, either generally or in prescribed circumstances, and

(b) provide that any such provision applies to a recognised law enforcement officer with such modifications as may be prescribed, and

(c) declare that any provision of any Act or statutory instrument that applies to a police officer in his or her capacity as a police officer does not apply to a recognised law enforcement officer, either generally or in prescribed circumstances.

(6) The conferral of functions by this section on a recognised law enforcement officer is subject to any applicable conditions of the officer’s appointment as a recognised law enforcement officer.

(7) The regulations may make provision for or with respect to identification requirements for, or the wearing of uniforms by, recognised law enforcement officers.

(8) A reference in this section to a police officer in his or her capacity as a police officer includes a reference to a police officer in his or her capacity as a member of the NSW Police Force.