LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) REGULATION 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 (Repealed)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

• 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