New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 23

23 Supplying police officer’s details and other information

(1) A police officer must, before or at the time of exercising a power under this Division (or if that is not reasonably practicable, as soon as is reasonably practicable after exercising the power), provide the person subject to the exercise of the power with the following:

(a) evidence that the police officer is a police officer (unless the police officer is in uniform),

(b) the name of the police officer and his or her place of duty,

(c) the reason for the exercise of the power.

(2) The Commissioner of Police is to arrange for a written statement to be provided, on request made within 12 months of the search, to a person who was searched, or whose vehicle or premises were searched, under this Part stating that the search was conducted in pursuance of this Part.

(3) If a police officer exercises a power that involves the making of a request that a person is required to comply with by law, the police officer must, as soon as is reasonably practicable after making the request, provide the person the subject of the request with:

(a) a warning that the person is required by law to comply with the request (unless the person has already complied or is in the process of complying), and

(b) if the person does not comply with the request after being given that warning, and the police officer believes that the failure to comply by the person is an offence, a warning that the failure to comply with the request is an offence.

(4) If a police officer is exercising more than one power to which this section applies on a single occasion, and in relation to the same person, the police officer is required to comply with subsection (1) (a) and (b) in relation to that person only once on that occasion.

(5) If 2 or more police officers are exercising a power to which this section applies, only one officer present is required to comply with this section.