New South Wales Repealed Acts

This legislation has been repealed.

POLICE AMENDMENT (MISCELLANEOUS) ACT 2006 - SCHEDULE 3

SCHEDULE 3 – Amendment of other Acts

(Section 4)

3.1 - Australian Crime Commission (New South Wales) Act 2003 No 13

Section 19 Administrative arrangements with Commonwealth

Omit “member of NSW Police”.
Insert instead “member of the NSW Police Force”.

3.2 - Bail Act 1978 No 161

Section 25A Stay of decision to grant bail if review sought

Omit “member of NSW Police” from the definition of "authorised officer" in section 25A (6).
Insert instead “member of the NSW Police Force”.

3.3 - Child Protection (Offenders Prohibition Orders) Act 2004 No 46

Sections 17 and 18 (3) (c)

Omit “member of NSW Police” wherever occurring.
Insert instead “member of the NSW Police Force”.

3.4 - Child Protection (Offenders Registration) Act 2000 No 42

[1] Section 12E Power to take fingerprints

Omit “NSW Police” from section 12E (b).
Insert instead “the NSW Police Force”.

[2] Section 21A Certificate evidence

Omit “member of NSW Police” from section 21A (1).
Insert instead “member of the NSW Police Force”.

3.5 - Commission for Children and Young People Act 1998 No 146

Sections 45C (2) (c) and 45F

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

3.6 - Conveyancers Licensing Act 2003 No 3

Section 161 Disclosure of information

Omit “member of NSW Police” from paragraph (a) of the definition of "law enforcement officer" in section 161 (5).
Insert instead “member of the NSW Police Force”.

3.7 - Crimes Act 1900 No 40

[1] Section 33B Use or possession of weapon to resist arrest etc

Omit “member of the police force from investigating any act or circumstance which reasonably calls for investigation by the member shall be” from section 33B (1).
Insert instead “police officer from investigating any act or circumstance which reasonably calls for investigation by the officer is”.

[2] Section 546C Resisting etc police

Omit “member of the police force”. Insert instead “police officer”.

[3] Section 546D

Insert after section 546C:

546D Impersonation of police officers

(1) General offence A person who impersonates a police officer is guilty of an offence.

Maximum penalty: Imprisonment for 2 years, or a fine of 100 penalty units, or both.

(2) Aggravated offence A person who, with intent to deceive:

(a) impersonates a police officer, and

(b) purports to exercise a power or function as a police officer,

is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

(3) An offence against subsection (1) is a summary offence.

(4) In this section:
"impersonation" does not include conduct engaged in solely for satirical purposes.

[4] Section 547B Public mischief

Omit “member of the police force” wherever occurring.
Insert instead “police officer”.

3.8 - Criminal Assets Recovery Act 1990 No 23

Section 59A Ministerial arrangements for things seized in connection with extra-territorial offences

Omit “NSW Police” from paragraph (a) of the definition of "appropriate authority" in section 59A (3).
Insert instead “the NSW Police Force”.

3.9 - Criminal Procedure Act 1986 No 209

Schedule 1 Indictable offences triable summarily

Insert after clause 16A of Table 1:

16B Impersonating police officers An offence under section 546D (2) of the Crimes Act 1900 .

3.10 - Drug Misuse and Trafficking Act 1985 No 226

Sections 39PB and 39RA

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

3.11 - Fair Trading Act 1987 No 68

Section 9A Exchange of information

Omit “NSW Police” from paragraph (a) of the definition of "law enforcement agency" in section 9A (7).
Insert instead “the NSW Police Force”.

3.12 - Firearms Act 1996 No 46

Section 78 Compensation for surrendering prohibited pistols and post-1946 pistols

Omit “member of NSW Police” from section 78 (2) (b), (3) (b) and (4) (c) wherever occurring.
Insert instead “member of the NSW Police Force”.

3.13 - First State Superannuation Act 1992 No 100

Section 6 Employers to whom Act applies

Omit “NSW Police” from section 6 (2) wherever occurring.
Insert instead “the NSW Police Force”.

3.14 - Freedom of Information Act 1989 No 5

Schedule 1 Exempt documents

Omit “NSW Police” from clause 4 (3) (b) and (3A) wherever occurring.
Insert instead “the NSW Police Force”.

3.15 - Health Records and Information Privacy Act 2002 No 71

Section 4 Definitions

Omit “NSW Police” from paragraph (c) of the definition of "public sector official" in section 4 (1).
Insert instead “the NSW Police Force”.

3.16 - Health Services Act 1997 No 154

[1] Section 115 (2), note

Omit “NSW Police”. Insert instead “the NSW Police Force”.

[2] Section 121P Incumbent officers’ accrued leave

Omit “member of NSW Police” from section 121P (5) (b).
Insert instead “member of the NSW Police Force”.

3.17 - Industrial Relations Act 1996 No 17

Dictionary

Omit “NSW Police” from the definition of "public sector employee".
Insert instead “the NSW Police Force”.

3.18 - Interpretation Act 1987 No 15

Section 21 Meanings of commonly used words and expressions

Omit the definitions of "NSW Police", "Police Force" and "police officer" from section 21 (1).
Insert instead in alphabetical order:

"NSW Police Force" means the NSW Police Force established by the Police Act 1990 .
"police officer" means a member of the NSW Police Force who is a police officer within the meaning of the Police Act 1990 .

3.19 - Law Enforcement and National Security (Assumed Identities) Act 1998 No 154

The whole Act

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

3.20 - Law Enforcement (Controlled Operations) Act 1997 No 136

The whole Act

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

3.21 - Law Enforcement (Powers and Responsibilities) Act 2002 No 103

[1] The whole Act (except Schedule 4)

Omit “NSW Police” wherever occurring (except where elsewhere specifically referred to in this Subschedule).
Insert instead “the NSW Police Force”.

[2] Section 3 Interpretation

Omit the definition of "NSW Police" from section 3 (1).
Insert instead:

"NSW Police Force" means the NSW Police Force established by the Police Act 1990 .

3.22 - Pawnbrokers and Second-hand Dealers Act 1996 No 13

Section 44 Disclosure or use of personal information by licensees and others

Omit “member of NSW Police” from paragraph (a) of the definition of "law enforcement officer" in section 44 (4).
Insert instead “member of the NSW Police Force”.

3.23 - Photo Card Act 2005 No 20

Section 19 Release of photographs prohibited

Omit “NSW Police” from section 19 (1) (a).
Insert instead “the NSW Police Force”.

3.24 - Police Association Employees (Superannuation) Act 1969 No 33

Section 2 Definitions

Omit “NSW Police” from the definition of "member of the police force" in section 2 (1).
Insert instead “the NSW Police Force”.

3.25 - Police Integrity Commission Act 1996 No 28

[1] The whole Act

Omit “NSW Police” wherever occurring (except where elsewhere specifically referred to in this Subschedule).
Insert instead “the NSW Police Force”.

[2] Section 4 Definitions

Omit the definitions of "Category 1 complaint" and "serious police misconduct" from section 4 (1).

[3] Section 13 Principal functions

Omit section 13 (1) (a)-(c). Insert instead:

(a) to prevent police misconduct,

(b) to detect or investigate, or manage or oversee other agencies in the detection or investigation of, police misconduct,

[4] Section 14 (e) and (f)

Omit section 14 (e) and (f).

[5] Sections 13 (3) and 30 (2) (b)

Omit “serious” wherever occurring.

[6] Section 67 Definition of Category 1 complaint

Omit the section.

[7] Section 68 Application of Part

Omit section 68 (3).

[8] Section 69 Copies of Category 1 complaints to be forwarded to Commission

Omit the section.

[9] Sections 70 and 71

Omit sections 70-73. Insert instead:

70 Powers of Commission in respect of police complaints

(1) The Commission may decide in relation to a police complaint (however made):

(a) to investigate or take over the investigation of the complaint, or

(b) to investigate or take over the investigation of part of the complaint, or

(c) to refer the complaint or part of the complaint to the Ombudsman or to the Commissioner of Police to be dealt with in accordance with Part 8A of the Police Act 1990 .

(2) The Commission may review any decision made by it under this section.

(3) The Commission may investigate any matter relating to a police complaint even though it refers the complaint or part of the complaint to be dealt with in accordance with Part 8A of the Police Act 1990 .

(4) The Commission may make a decision under this section before the commencement of an investigation by the Commissioner of Police under Part 8A of the Police Act 1990 , during the progress of any such investigation or after any such investigation.

(5) A complaint, to the extent that it is investigated by the Commission, cannot be dealt with as a complaint under Part 8A of the Police Act 1990 and for that purpose is taken not to be a police complaint, except as directed by the Commission either generally or in any particular case or as directed by the regulations.

71 Commissioner of Police to be notified of take over or referral of investigation

(1) The Commission must notify the Commissioner of Police of any decision to investigate or take over the investigation of a police complaint or part of a police complaint or to refer a complaint or part of a complaint to be dealt with in accordance with Part 8A of the Police Act 1990 .

(2) The Commission must notify the Commissioner of Police of any change to a decision referred to in subsection (1).

(3) If the Commission makes a decision to investigate or take over the investigation of part of a police complaint, or to refer to the Commissioner of Police part of a police complaint, the Commission is to revise the complaint by removing the reference to the part of the conduct concerned that it has decided to investigate itself. The Commission is to provide a copy of the revised complaint to the Commissioner of Police.

(4) The revised complaint is to be dealt with in accordance with Part 8A of the Police Act 1990 .

(5) The Commission is not the complainant for a revised complaint and the original complainant continues to be the complainant for the purposes of the revised complaint.

[10] Section 74 Termination of police investigations

Omit “If the Commissioner of Police is directed under this Part not to investigate a Category 1 complaint (or any part of a Category 1 complaint)” from section 74 (1).
Insert instead “If the Commissioner of Police is notified under this Part of a decision by the Commission to investigate or take over the investigation of a police complaint or any part of a police complaint”.

[11] Section 99 Annual reports

Omit “NSW Police Senior Executive Service” from section 99 (2) (c).
Insert instead “the NSW Police Force Senior Executive Service”.

[12] Section 128 Notification of police complaints by ICAC to Ombudsman or PIC

Omit “serious police misconduct” wherever occurring in section 128 (2) and (3).
Insert instead “police misconduct of a kind that should be referred to PIC”.

[13] Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Police Amendment (Miscellaneous) Act 2006 (but only to the extent that it amends this Act)

[14] Schedule 3

Insert at the end of the Schedule with appropriate Part and clause numbering:

Part - Provisions consequent on enactment of Police Amendment (Miscellaneous) Act 2006

Complaints Sections 70 and 71, as substituted by the Police Amendment (Miscellaneous) Act 2006 , and section 74, as amended by that Act, apply to complaints made before the commencement of those sections and that amendment.

3.26 - Police Regulation (Superannuation) Act 1906 No 28

The whole Act

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

3.27 - Prevention of Cruelty to Animals Act 1979 No 200

Section 24J Powers of inspectors in relation to care of animals

Omit “NSW Police” from section 24J (4) wherever occurring.
Insert instead “the NSW Police Force”.

3.28 - Privacy and Personal Information Protection Act 1998 No 133

[1] Section 3 Definitions

Omit “NSW Police” from paragraph (a) of the definition of "law enforcement agency" in section 3 (1).
Insert instead “the NSW Police Force”.

[2] Section 3 (1), definition of “public sector agency”

Omit “NSW Police” from paragraph (e).
Insert instead “the NSW Police Force”.

[3] Section 3 (1), definition of “public sector official”

Omit “NSW Police” from paragraph (c).
Insert instead “the NSW Police Force”.

[4] Section 27 Specific exemptions (ICAC, ICAC Inspector and Inspector’s staff, NSW Police Force, PIC, Inspector of PIC and Inspector’s staff and NSW Crime Commission)

Omit “NSW Police” from section 27 (1) and (2) wherever occurring.
Insert instead “the NSW Police Force”.

3.29 - Public Finance and Audit Act 1983 No 152

[1] The whole Act (except Schedule 3)

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

[2] Schedule 3 Departments

Omit the matter relating to NSW Police.
Insert instead in Columns 1 and 2, respectively:

NSW Police Force

Commissioner of Police

3.30 - Public Sector Employment and Management Act 2002 No 43

[1] Section 3 Definitions

Omit “NSW Police” from paragraph (c) of the definition of "public sector service" in section 3 (1).
Insert instead “the NSW Police Force”.

[2] Section 4A, note and section 78 (9) (a)

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

[3] Section 114 Definitions

Omit “member of NSW Police” from section 114 (3) (a) (ii).
Insert instead “member of the NSW Police Force”.

3.31 - Road Transport (General) Act 2005 No 11

Section 255 Register of written off and wrecked motor vehicles

Omit “NSW Police” from section 255 (6) (a).
Insert instead “the NSW Police Force”.

3.32 - Security Industry Act 1997 No 157

[1] Sections 6 (2) (a) and 18 (7) (a)

Omit “member of NSW Police” wherever occurring.
Insert instead “member of the NSW Police Force”.

[2] Section 45A Penalty notices

Omit “member of the NSW Police” from section 45A (9) (a).
Insert instead “member of the NSW Police Force”.

3.33 - State Emergency and Rescue Management Act 1989 No 165

[1] Section 3 Definitions

Omit “NSW Police” from the definition of "emergency services organisation" in section 3 (1).
Insert instead “the NSW Police Force”.

[2] Section 3 (1), definition of “government agency”

Omit “NSW Police” from paragraph (c).
Insert instead “the NSW Police Force”.

[3] Sections 18 (1B) and 51 (2) and (3)

Omit “member of NSW Police” wherever occurring.
Insert instead “member of the NSW Police Force”.

[4] Section 26 NSW Police Force to provide executive support for District Emergency Management Committee and Operations Controller

Omit “NSW Police” from section 26 (1).
Insert instead “The NSW Police Force”.

[5] Section 43 Composition of Board

Omit “member of NSW Police Senior Executive Service” from section 43 (1) (c).
Insert instead “member of the NSW Police Force Senior Executive Service”.

[6] Section 53 Offence to operate rescue unit or rescue vehicle without accreditation

Omit “NSW Police” from section 53 (2) (a).
Insert instead “the NSW Police Force”.

[7] Section 63B Offences relating to emergency services organisations

Omit “NSW Police” from paragraph (a) of the definition of "emergency services organisation insignia" in section 63B (4).
Insert instead “the NSW Police Force”.

[8] Section 63B (4), definition of “emergency services organisation officer”

Omit “NSW Police”. Insert instead “the NSW Police Force”.

3.34 - State Emergency Service Act 1989 No 164

[1] Section 8 Functions of Service

Omit “members of NSW Police” from section 8 (1) (g).
Insert instead “members of the NSW Police Force”.

[2] Section 21 Duty to recognise authority of Director-General and emergency officers

Omit “member of NSW Police” from section 21 (1).
Insert instead “member of the NSW Police Force”.

3.35 - Terrorism (Police Powers) Act 2002 No 115

The whole Act

Omit “NSW Police” wherever occurring.
Insert instead “the NSW Police Force”.

3.36 - Valuers Act 2003 No 4

Section 38 Disclosure of information

Omit “member of NSW Police” from paragraph (a) of the definition of "law enforcement officer" in section 38 (5).
Insert instead “member of the NSW Police Force”.

3.37 - Workplace Surveillance Act 2005 No 47

Section 3 Definitions

Omit “NSW Police” from paragraph (a) of the definition of "law enforcement agency".
Insert instead “the NSW Police Force”.