New South Wales Consolidated Regulations

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) REGULATION 2005

- Made under the Law Enforcement (Powers and Responsibilities) Act 2002
- As at 11 November 2009
- Reg 748 of 2005

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - WARRANTS AND NOTICES TO PRODUCE DOCUMENTS

   4.      Form of application for warrant or notice to produce
   5.      Determination of application for warrant or notice to produce-record by eligible issuing officer
   6.      Form of warrant or notice to produce
   7.      Form of occupier’s notice: section 67 (2) (a)
   7A.     Form of adjoining occupier’s notice: section 67B
   8.      Receipts for things seized
   9.      Form of report to eligible issuing officer on execution of warrant (other than covert search warrant) or giving of notice to produce: section 74
   9A.     Form of report to eligible issuing officer on execution of covert search warrant: section 74A
   10.     Keeping and inspection of records
   11.     Certified records not available for inspection
   11A.    (Repealed)

   PART 3 - INVESTIGATIONS AND QUESTIONING

           Division 1 - Custody managers

   12.     Designation of police stations and other places to be used for detaining persons
   13.     Appointment of custody managers for designated police stations and designated places of detention
   14.     Order of preference in relation to places of detention
   15.     Order of preference in relation to custody managers
   16.     Custody managers for New South Wales Crime Commission or Australian Crime Commission investigations
   17.     Custody managers not prevented from exercising other functions
   18.     Guidelines for custody managers and other police officers

           Division 2 - Custody records

   19.     Meaning of “custody record”
   20.     Separate record for each detained person
   21.     Additional matters to be recorded in custody record
   22.     Inspection of custody record

           Division 3 - Vulnerable persons

   23.     Interpretation
   24.     Vulnerable persons
   25.     Custody manager to assist vulnerable person
   26.     Support person
   27.     Support person may be present during investigative procedure
   28.     Relationship between entitlement to support persons and entitlement to consult
   29.     Child cannot waive entitlement to support person
   30.     Role of support persons during interview
   31.     Exclusion of support person from investigative procedure
   32.     Person responsible for welfare of certain detained persons to be contacted
   33.     Legal assistance for Aboriginal persons or Torres Strait Islanders
   34.     Cautions
   35.     Times to be disregarded in calculating investigation period
   36.     Additional information to be included in detention warrant application

   PART 3A - PUBLIC DISORDER EMERGENCY POWERS-SEIZURE, DETENTION AND RETURN OF VEHICLES

   36A.    Definitions
   36B.    Powers in relation to removal and detention of seized vehicles
   36C.    Towing fee for seized vehicles
   36D.    Storage fees and release of seized vehicles
   36E.    Safe keeping of seized vehicles
   36F.    Directions by court as to fees payable under this Part

   PART 4 - MISCELLANEOUS

   37.     (Repealed)
   38.     Use of drug detection dogs in authorised places-prescribed train routes
   39.     Use of drug detection dogs in authorised places-prescribed bus routes
   39A.    Records relating to detention of intoxicated persons
   40.     Failure to comply with direction-penalty notice offence and penalty
           SCHEDULE 1
           SCHEDULE 2