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This is a Bill, not an Act. For current law, see the Acts databases.
POLICE ADMINISTRATION AMENDMENT BILL 2007
Serial 97
Police
Administration Amendment Bill 2007
Ms
Martin
A Bill for an Act to amend the
Police Administration Act, and for related purposes
NORTHERN TERRITORY OF
AUSTRALIA
POLICE ADMINISTRATION AMENDMENT ACT
2007
____________________
Act No. [ ] of
2007
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2007
____________________
An Act to amend the Police
Administration Act, and for related purposes
[Assented to [ ]
2007]
[Second reading [ ]
2007]
The Legislative Assembly of the Northern
Territory enacts as follows:
Part
1 Preliminary
matters
Short title
This Act may be cited as the Police
Administration Amendment Act 2007.
(1) This Part and sections 3 and are taken to have
commenced on 1 December 1996.
(2) The remaining provisions commence on the date
fixed by the Administrator by Gazette notice.
Part 2 Amendment of Police
Administration
Act
Act amended
This Part amends the Police Administration
Act.
Amendment of section 4
(Interpretation)
(1) Section 4(1)
insert (in alphabetical
order)
dangerous drug, see section
120A.
general orders means general orders
and instructions, as in force from time to time, issued under section
14A.
merit, for appointment or promotion to
a rank in the Police Force, see section 15A.
Police auxiliary means a person
appointed as a Police auxiliary under section 19.
police dog means a dog used by the
Police Force in the performance of the functions of the Police
Force.
Police Gazette means a document
published under section 165(1).
police horse means a horse used by the
Police Force in the performance of the functions of the Police
Force.
(2) After section 4(2)
insert
(3) Except in Part VII, a reference in this Act to
a member includes a reference to a member of the Police Force who
is on probation under section 16A and has not yet taken an oath or made an
affirmation mentioned in section 26.
Amendment of section 5 (Northern Territory
Police Force)
(1) Section 5
omit
There
substitute
(1) There
(2) After section 5(1)
insert
(2) The core functions of the Police Force
are:
(a) to uphold the law and maintain social order;
and
(b) to protect life and property;
and
(c) to prevent, detect, investigate and prosecute
offences; and
(d) to manage road safety education and enforcement
measures; and
(e) to manage the provision of services in
emergencies.
After section 15
insert
15A Merit for
appointment or promotion
A person has merit for an appointment or promotion
to a rank in the Police Force if the person has the capacity to perform the
duties of the rank, having regard to the person's:
(a) knowledge, skills, qualification and experience;
and
(b) aptitude, diligence, good conduct and quality of
service; and
(c) potential for future development in the Police
Force.
Amendment of section 16 (Commissioner may
appoint or promote members)
(1) Section 16(1A) and (1B)
omit
(2) Section 16(3)
omit, substitute
(3) The Commissioner may promote a qualified member
to a relevant rank if the Commissioner is satisfied there is no other member
holding a rank next below the relevant rank:
(a) who is qualified for promotion to the relevant
rank; and
(b) who has superior merit for the
promotion.
(4) In subsection (3):
qualified member means a member who is
qualified for promotion to a relevant rank.
relevant rank, in relation to a
qualified member, means a rank that is 2 ranks above the rank the member
holds on the day immediately preceding the day of promotion to the relevant
rank.
Repeal and substitution of section
16A
Section 16A
repeal, substitute
(1) This section applies to a person appointed to
be a member of the Police Force under:
(a) section 16(1)(a); or
(b) section 16(1)(aa); or
(c) section 19.
(2) The person is on probation, starting on the
date on which the person commences duties in accordance with the person's
appointment, for the following period:
(a) 2 years for a person appointed under section
16(a) or (aa);
(b) 12 months for a person appointed under section
19.
(3) However, the Commissioner may direct that the
person be appointed on probation for a shorter period than specified in
subsection (2)(a) or (b) if the Commissioner is satisfied the person has
relevant qualifications or experience.
Example for subsection (3)
Qualifications or experience gained in another
jurisdiction.
(4) The person remains a probationer until the
person's appointment is confirmed or terminated in accordance with this
section.
(5) As soon as practicable after the end of the
period of the person's probation, the Commissioner must:
(a) confirm the appointment; or
(b) terminate the appointment; or
(c) direct that the person continue on probation for
a further specified period not exceeding 6 months.
(6) The Commissioner may terminate the person's
appointment at any time during the period of probation if the Commissioner is of
the opinion that the person:
(a) has committed a breach of discipline mentioned
in section 76; or
(b) is unlikely to become an efficient member of the
Police Force; or
(c) should not be a member of the Police Force,
based on information about the person's integrity or character not considered by
the Commissioner at the time of the person's appointment.
Note for section 16A
A member of the Police Force who is on probation
and has not yet taken an oath or made an affirmation mentioned in section 26
must not exercise powers under Part VII or any other law of the
Territory.
Amendment of section 17 (Preference for
members, &c.)
(1) Section 17, heading
omit, substitute
Requirements for appointment to rank other than
constable
(2) Section 17(a)(i) and
(b)(iii)
omit
the skill and efficiency suitable
substitute
merit
Repeal and substitution of section
19
Section 19
repeal, substitute
19 Aboriginal
Community Police and auxiliaries
(1) The Commissioner may, in writing, appoint a
person to be a member of the Police Force as an Aboriginal Community Police
officer or Police auxiliary.
(2) An appointment under subsection (1) may also be
made by a member of the Police Force authorised by the Commissioner to make such
an appointment.
(3) Subject to the terms and conditions specified
in the person's instrument of appointment, an Aboriginal Community Police
officer or Police auxiliary has the same powers, privileges, duties and
obligations as other members of the Police Force.
Amendment of section 21 (Reappointment of
person who resigned to contest elections)
Section 21(6)
omit
60 years, except as a Police auxiliary where the
person has not attained the age of
Amendment of section 22
(Retirement)
Section 22(2)
omit, substitute
(2) A member who attains the age of 65 years ceases
to be a member of the Police Force.
Repeal and substitution of Part II, Division
4
Part II, Division 4
repeal, substitute
Division
4 Appointment and duties of Special Constables generally
29 Appointment of
police of other jurisdictions as Special Constables
(1) The Commissioner may at any time appoint or
authorise the appointment, as a Special Constable, of a person who is a member
of the police force (however described):
(a) of the Commonwealth; or
(b) of a State; or
(c) of another Territory.
(2) The appointment may be:
(a) on the terms and conditions the Commissioner
considers appropriate; and
(b) of persons identified by reference
to:
(i) a particular work location; or
(ii) a particular operational unit or work group;
or
(iii) any other identifiable
designation.
(3) A Special Constable appointed under this
section is taken to be a member of the Police Force and has the duties,
obligations, powers and privileges imposed or conferred on a member under any
law in force in the Territory.
30 Appointment of
other persons as Special Constables
(1) The Commissioner may at any time appoint or
authorise the appointment, as a Special Constable, of a person to whom
section 29 does not apply.
(2) The appointment may be on the terms and
conditions the Commissioner considers appropriate.
(3) A Special Constable appointed under this
section is taken to be a member of the Police Force and has the duties,
obligations, powers and privileges specified in the instrument of
appointment.
31 Revocation of
appointment
The Commissioner may at any time revoke the
appointment of a Special Constable.
32 Special Constable
to take oath or make affirmation
(1) Before a Special Constable begins to discharge
the duties of office, the Special Constable must take and subscribe an oath or
make and subscribe an affirmation in accordance with the form in the
Schedule.
(2) The oath or affirmation must be administered by
a person authorised by the Commissioner to administer it.
33 Evidence of
appointment
The Commissioner must issue to each Special
Constable evidence of appointment which is, for all purposes, evidence of the
appointment and authority of the Special Constable to whom it is
issued.
A Special Constable must not neglect or refuse to
obey any lawful order given to the Special Constable in connection with the
performance of the duties of office.
Maximum penalty: $500 or imprisonment for 3
months.
Division
5 Special Constables and urgent cross-border assistance
In this Division:
declaration means a declaration made
under section 34B.
period of operation, of a declaration,
means the period during which the declaration is in force (including any periods
of extension under section 34C).
34B Declaration of
incident requiring urgent cross-border assistance
(1) The Commissioner may, orally or in writing,
declare that an incident requires urgent cross-border
assistance.
(2) The declaration must specify the period it will
be in force, which must not exceed 14 days inclusive of the day it is
made.
(3) In deciding whether to make a declaration, the
Commissioner must have regard to the following matters:
(a) the nature, urgency and seriousness of the
incident;
(b) the adequacy of the resources and capabilities
of the Police Force to deal with the incident without the assistance of other
jurisdictions;
(c) the expertise and assistance that could be
expected to be provided by other jurisdictions.
(4) The Commissioner must, as soon as practicable
(but within 14 days) after making a declaration, forward to the
Minister:
(a) if the declaration is in writing – a copy
of the declaration; or
(b) if the declaration was made orally –
written confirmation of its making.
(5) A failure to comply with subsection (4) does
not invalidate the declaration.
34C Extension of
declaration
(1) During the period a declaration is in force,
the Commissioner may extend the operation of the declaration.
(2) Section 34B applies to the extension of a
declaration in the same way as it applies to the making of the
declaration.
(3) The Commissioner may extend a declaration in
accordance with this section as many times as necessary.
34D Appointment of
Special Constables
(1) During the period of operation of a
declaration, Special Constables may be appointed under section 29 orally or in
writing.
(2) If Special Constables are appointed during the
period of operation of a declaration, the Commissioner must, as soon as
practicable after the end of that period:
(a) forward written confirmation of the appointments
to the Minister, specifying, in relation to each Special
Constable:
(i) the person's name; and
(ii) the police force to which the person is
permanently appointed and the rank held in that police force;
and
(b) forward written confirmation to each Special
Constable of the person's appointment, specifying the period of
appointment.
(3) Subsection (2) applies whether a Special
Constable is appointed individually or by reference to a work location,
operational unit, work group or other designation.
(4) A failure to comply with subsection (2) does
not invalidate the appointment of a Special Constable.
(1) Despite section 32, it is not necessary for a
Special Constable appointed during the period of operation of a declaration to
take an oath or make an affirmation before the Special Constable begins to
discharge the duties of office.
(2) However, a Special Constable appointed during
that period must take and subscribe an oath or make and subscribe an affirmation
in accordance with section 32 as soon as practicable after
appointment.
(3) If the oath or affirmation is administered
outside the Territory, the person who administers it must, within 14 days,
forward to the Commissioner:
(a) a copy of the oath or affirmation as subscribed
by the Special Constable; and
(b) a written statement, signed by the person, of
the person's name and authority to administer the oath or
affirmation.
(4) A failure to comply with subsection (3) does
not invalidate the appointment of a Special Constable.
34F Termination of
appointment
Unless the appointment is revoked earlier under
section 31, a Special Constable appointed during the period of operation of
a declaration ceases to be a Special Constable at the end of that
period.
Amendment of section 84G (Payment of salary
during suspension)
Section 84G
omit
Minister
substitute
Commissioner
Section 85
repeal
Amendment of section 94 (Inability or
disciplinary appeals)
(1) After section 94(1)(c)
insert
(ca) a direction of the Commissioner under section
84G that the member not be paid salary during the period of the member's
suspension under section 76A or 80; or
(2) Section 94(1)(a), (b) and (c), at the
end
insert
or
(3) After section 94(1)(f)
insert
(fa) in the case of a direction referred to in
paragraph (ca) – appeal to a Disciplinary Appeal Board against the
direction; or
After section 101
insert
Part VIA Use
of dangerous drugs for training
Division
1 Preliminary matters
(1) The object of this Part is to ensure that
training in the Police Force about dangerous drugs is realistic and
effective.
(2) The object is to be achieved by putting in
place arrangements:
(a) to allow members of the Police Force to have
access to dangerous drugs for training; and
(b) to ensure those dangerous
drugs:
(i) are carefully handled to ensure their
effectiveness for training is not compromised; and
(ii) are subject to strict tracking and
accountability requirements.
In this Part:
agency arrangement, see section
104.
disposal, of a batch of a dangerous
drug used for training, includes:
(a) the destruction of the batch;
and
(b) the return of the batch to a relevant agency
under an agency arrangement.
drug control officer, see section
106.
drug training direction, see section
105.
drug vault means a facility that
is:
(a) suitable for the storage of dangerous drugs in
the possession of the Police Force for training under the authority of a drug
training direction; and
(b) secure against unauthorised
entry.
register means the register of
dangerous drugs used for training kept under section 109.
relevant agency means a department or
other agency of the Commonwealth, a State or a Territory.
senior member means a member of or
above the rank of Assistant Commissioner.
training means training in the Police
Force about dangerous drugs.
Division
2 Administrative matters
(1) An agency arrangement is an arrangement, or a
series of arrangements, between the Commissioner and the chief executive officer
(by whatever name known) of a relevant agency providing for the
following:
(a) the transfer of possession of a batch of a
dangerous drug from the possession of the relevant agency into the possession of
the Police Force;
(b) that the batch of the dangerous drug is to be
used for training in the Police Force;
(c) the type and extent of the training for which
the batch of the dangerous drug is to be used;
(d) what is to be done with the batch of the
dangerous drug at the end of the training;
(e) anything else the parties to the arrangement
consider appropriate.
Example for subsection (1)
A series of arrangements could consist of a first
arrangement establishing basic principles to govern the supply by the relevant
agency to the Police Force of dangerous drugs to be used for training, a second
arrangement establishing particular procedures to be followed for transferring
particular types of dangerous drugs between the relevant agency and the Police
Force, and a third arrangement providing for special circumstances applying to a
batch of one of the particular types of dangerous drugs mentioned in the second
arrangement.
(2) The Commissioner may enter into an agency
arrangement only if the relevant agency is authorised to possess the batch of
the dangerous drug the subject of the arrangement.
(3) The Commissioner must ensure the Police Force
complies with an agency arrangement.
105 Drug training
direction
(1) A drug training direction is a direction given
by a senior member:
(a) authorising:
(i) the keeping of a batch of a dangerous drug;
and
(ii) the use of the batch in training;
and
(iii) the disposal of the batch at the end of the
training; and
(b) stating the conditions under which the keeping,
use and disposal of the batch of the dangerous drug is
authorised.
(2) A senior member may give a drug training
direction for a batch of a dangerous drug only if the batch:
(a) is in the possession of the Police
Force:
(i) having been forfeited, or ordered to be
forfeited, to the Territory under an Act; or
(ii) having been ordered under an Act to be disposed
of or destroyed; or
(b) comes into the possession of the Police Force
under an agency arrangement.
(3) The conditions stated in a drug training
direction must include the following:
(a) the batch must be used only for the training
purposes specified in the condition;
(b) the training for which the batch is used must be
of the type and extent specified in the condition;
(c) if at any time the batch or part of the batch is
not being stored in a drug vault, it must:
(i) be under the effective control of a drug control
officer or one or more of the members specified in the condition;
or
(ii) be kept securely in a way specified in the
condition;
(d) as soon as practicable after the end of the
training, the disposal of the batch must be as specified in the
condition.
Example of training purpose for subsection
(3)(a)
Training police dogs to detect the odour of
dangerous drugs.
(4) Subsection (3) does not limit the conditions
that may be included in a drug training direction.
(5) A senior member who gives a drug training
direction must ensure that members of the Police Force comply with the
conditions stated in the direction.
(1) A drug control officer is a member of the
Police Force of or above the rank of Superintendent who is authorised in writing
by the Commissioner to perform the functions of administering and controlling
the following:
(a) the receipt into the possession of the Police
Force of batches of dangerous drugs to be used for training;
(b) the storage of the batches;
(c) the movement of the batches, or parts of the
batches, in and out of storage for use in training;
(d) the disposal of the batches.
(2) A drug control officer must perform the
functions of the position in accordance with this Part and any conditions
included in the authorisation given under subsection (1).
(3) A drug control officer has power to do all
things necessary to be done for the performance of the functions of the
position.
Division
3 Keeping dangerous drugs for use in training
107 When dangerous
drugs may be kept for training
A batch of a dangerous drug may lawfully be kept in
the possession of the Police Force and used for training if:
(a) the keeping of the batch and its use for
training is authorised under a drug training direction; and
(b) the batch is kept and used for training in
accordance with the conditions included in the drug training
direction.
108 Requirements for
keeping dangerous drugs for training
(1) The following requirements apply in relation to
the possession by the Police Force of dangerous drugs for
training:
(a) each batch of a dangerous drug must be stored in
a drug vault;
(b) when a batch of a dangerous drug is received
into a drug vault for storage for the first time, it must be accompanied by a
document certifying, in a way approved by the Commissioner, the weight and
purity of the batch;
(c) a drug vault must not be used for storing a
dangerous drug that is in the possession of the Police Force other than for
training;
(d) a drug vault must be designed and constructed
for ensuring (to the greatest practicable extent) that each batch of a dangerous
drug stored in it keeps its level of effectiveness for
training;
(e) a drug vault must include enough separate
storage to ensure that no batch of a dangerous drug stored in the vault can be
contaminated by another batch or can otherwise be made ineffective or less
effective for training;
(f) the whole of a batch of a dangerous drug must be
stored in a drug vault at all times, except to the extent the batch or a part of
the batch is required to be held somewhere else for training;
(g) an audit of each drug vault must be conducted at
least once every 3 months by a member of the Police Force
who:
(i) is of or above the rank of Commander;
and
(ii) is not otherwise directly associated with the
keeping or use of dangerous drugs for training;
(h) when a batch of a dangerous drug leaves a drug
vault for the last time:
(i) it must be accompanied by a document certifying,
in a way approved by the Commissioner, the weight and purity of the batch;
and
(ii) a copy of that certifying document must be kept
at the drug vault or at another place the Commissioner directs.
(2) Without limiting the scope of an audit under
subsection (1)(g), the audit must include the following
measures:
(a) weighing each batch of dangerous drugs in the
drug vault to find out whether all quantities of dangerous drugs that should be
in the drug vault at the time of the audit are in the vault;
(b) finding out whether the drug vault is storing
any dangerous drugs, or anything else, that should not be stored in the
vault;
(c) a review of the register.
(3) Without limiting the requirements for an audit
under subsection (1)(g), requirements for the audit include the
following:
(a) the performance of the audit must be supervised
by a member who:
(i) is a senior member; and
(ii) is not otherwise directly associated with the
keeping or use of dangerous drugs for training;
(b) all batches of dangerous drugs stored in the
drug vault must be the subject of analysis by an analyst as defined in the
Misuse of Drugs Act;
(c) the accuracy of the scales used in measuring the
weights of batches of dangerous drugs stored in the drug vault must be certified
in a way approved by the Commissioner.
Division
4 Register of dangerous drugs used for training
(1) The Commissioner must keep a register of
dangerous drugs used for training.
(2) The register may form part of another register,
whether kept under this or another Act.
(3) The Commissioner:
(a) subject to subsection (4), may keep the register
in the way the Commissioner considers appropriate, including by keeping it
entirely or partly in electronic form; and
(b) must ensure the register is kept in a secure
place.
(4) The register must be kept in a way that (to the
greatest practicable extent) enables a drug control officer, or a member
performing a lawful function associated with the keeping of dangerous drugs in
the possession of the Police Force under this Act (whether or not under this
Part), to comply with the requirements of this Act.
(5) An entry in the register may be made only by a
drug control officer or a person authorised by the Commissioner to make entries
in the register.
(6) If a senior member gives a direction under
section 111 restricting access to information in the register, a drug control
officer or person authorised by the Commissioner under subsection (5) must
ensure the information is recorded in a way that (to the greatest practicable
extent) stops disclosure of the information to a person not authorised to have
access to it.
110 Information to be
recorded in register
(1) The following information must be recorded in
the register about each batch of a dangerous drug received into the possession
of the Police Force to be used for training:
(a) the name of the dangerous drug;
(b) a description of the batch;
(c) the weight, in grams, of the
batch;
(d) a description of any container or packaging, and
of any other item, used for conveying the batch into the possession of the
Police Force;
(e) the weight, in grams, of any container or
packaging, and any other item, used for conveying the batch into the possession
of the Police Force;
(f) when the batch was received into the possession
of the Police Force;
(g) the purity of the batch and details of the
certification of the purity;
(h) a description of the circumstances in which the
batch came into the possession of the Police Force.
(2) The following information must be recorded in
the register if all or part of a batch of dangerous drugs (the
drugs) is taken from a drug vault to be used for
training:
(a) when the drugs leave the vault;
(b) the nature of the training for which the drugs
are to be used;
(c) the condition of any container or packaging in
which the drugs leave the vault;
(d) the weight, in grams, of the drugs when they
leave the vault;
(e) the condition of any container or packaging in
which the drugs are returned to the vault;
(f) the weight, in grams, of the drugs when they are
returned to the vault.
(3) The following information must be recorded in
the register when a batch of dangerous drugs leaves a drug vault for the last
time for disposal in accordance with a drug training direction:
(a) the weight, in grams, of the batch when it
leaves the vault;
(b) the weight, in grams, of any container or
packaging in which the batch leaves the vault.
(4) Recording under subsection (1), (2) or (3) must
be performed as close as reasonably practicable to the occurrence of the event
to which the recording relates.
111 Restriction on
access to information in register
(1) A senior member may give a direction that only
the following persons may have access to information recorded in the
register:
(a) a drug control officer who reasonably needs the
information for the performance of the officer's functions under this
Part;
(b) a member who reasonably needs the information
for conducting or supervising an audit of a drug vault under this
Part;
(c) any other member who is performing a function
associated with the keeping of dangerous drugs in the possession of the Police
Force under this Act (whether or not under this Part) and reasonably needs the
information for the performance of the function;
(d) any other person specified in the
direction.
(2) A direction under subsection (1) must state
whether it applies to all information recorded in the register or only to
information of a type specified in the direction.
(3) A senior member may give a direction under
subsection (1), and keep the direction in place, only if the senior member
considers it is necessary to do so to ensure:
(a) the security of a drug vault;
or
(b) the safety of:
(i) a drug control officer; or
(ii) another person associated with keeping
dangerous drugs in the possession of the Police Force for training;
or
(iii) a person associated with a person mentioned in
subparagraph (i) or (ii).
(4) There must be a written record of the reasons
for each direction given under subsection (1).
Amendment of section 116
(Interpretation)
Section 116(2)
insert (in alphabetical
order)
ammunition, see the Firearms
Act.
explosive includes the
following:
(a) a substance or compound that is, itself, or in
combination with another substance or compound, by the application of a suitable
stimulus to a small portion of its mass, capable of:
(i) being converted almost instantaneously into
another substance, largely or entirely gaseous; and
(ii) creating an explosion;
(b) a device made or adapted to enable it to be used
in combination with a substance or compound mentioned in paragraph (a) to
create an explosion;
(c) anything prescribed by regulation to be an
explosive.
firearm, see the Firearms
Act.
New Part VII, Division 1A
After section 116
insert
Division
1A Use of dogs and horses
In this Division:
dangerous thing means any of the
following:
(a) a dangerous drug;
(b) a precursor or drug manufacturing equipment as
defined in section 120A;
(c) an offensive weapon;
(d) a controlled weapon or prohibited weapon as
defined in the Weapons Control Act;
(e) a firearm or ammunition;
(f) an explosive;
(g) a thing prescribed by regulation to be a
dangerous thing;
(h) a thing mentioned in paragraphs (c) to (g) in
connection with a target of an authorisation under the Terrorism (Emergency
Powers) Act.
detection, of a dangerous thing,
includes the following:
(a) deploying a detection dog in the vicinity of a
person to ascertain whether the dog can detect the odour of a dangerous thing on
the person;
(b) deploying a detection dog in the vicinity of or
at a place to ascertain whether the dog can detect the odour of a dangerous
thing at the place.
detection dog, in relation to the
detection of a dangerous thing, means a police dog trained to detect that
dangerous thing.
116B Extended
application of Division
(1) This Division extends to the use by the Police
Force of dogs that:
(a) are provided to the Police Force by another body
(including an agency or department of the Commonwealth) to be used under this
Division; and
(b) are under the control of a handler who is not a
member of the Police Force.
(2) If a police dog is under the control of a
handler who is not a member of the Police Force:
(a) the handler is entitled to accompany the member
using the dog and enter and remain at any place in accordance with section 116D;
and
(b) sections 116E and 116G apply to the handler as
if the handler were the member using the dog.
116C Authority to use
police dogs and police horses
(1) A member of the Police Force is authorised to
use a police dog or a police horse to assist the member generally in the
exercise of the member's powers or performance of the member's
functions.
(2) A member is authorised to use a detection dog
to assist the member in the exercise of the member's powers or performance of
the member's functions relating to the detection of a dangerous
thing.
(3) A member using a police dog or police horse
must comply with this Division and any of the following that relate to the use
of police dogs or police horses:
(a) general orders;
(b) orders, instructions or guidelines published in
the Police Gazette.
116D Authority for
entry of police dogs and police horses
(1) Despite any other law in force in the
Territory, if a member of the Police Force uses a police dog or police horse in
accordance with section 116C, the dog or horse may accompany the member and
enter and remain at any place the member may lawfully enter and
remain.
(2) To avoid doubt, subsection (1) applies whether
the member is authorised to enter the place:
(a) under a warrant; or
(b) by an Act, without a warrant.
116E Control of
police dogs and police horses
(1) A member of the Police Force using a police dog
or police horse is required to keep the dog or horse under control to the extent
that is reasonable in the circumstances.
(2) A member using a detection dog to assist in the
detection of a dangerous thing must take all reasonable precautions to prevent
the dog touching a person.
116F Reasonable
grounds for search without warrant on indication of detection
dog
(1) Subsection (2) applies if, before exercising a
power under an Act to search a person or place without a warrant, a member of
the Police Force is required to form a suspicion on reasonable grounds
that:
(a) the person is carrying or has in the person's
possession, or is in control of, a dangerous thing; or
(b) there is something at the place (including in a
vehicle at a public place) that may be a dangerous thing.
(2) There are reasonable grounds for the suspicion
if a detection dog indicates it has detected the odour of a dangerous
thing:
(a) on the person or on, or in, a thing in the
person's immediate control; or
(b) on or in a thing, not in the person's immediate
control but which the member suspects on reasonable grounds is connected with
the person, that is at the place where the detection is being carried out;
or
(c) at the place.
116G Protection from
liability for use of police dog or police horse
(1) A member of the Police Force is not civilly or
criminally liable if a police dog or police horse, while being used by the
member in good faith in the exercise of a power or performance of a function as
a member:
(a) comes into physical contact with a person or a
person's clothing; or
(b) causes damage to a thing.
Example of physical contact for subsection
(1)(a)
Restraining, pushing, biting or kicking a
person.
(2) Subsection (1) does not affect any liability
the Territory would, apart from that subsection, have for the act of the dog or
horse.
(3) A member of the Police Force or the Territory
is not civilly or criminally liable merely because a police dog or police horse
entered or was at a place.
(4) In this section:
exercise, of a power, includes the
purported exercise of the power.
performance, of a function, includes
the purported performance of the function.
116H Non-application
of certain laws
(1) The following provisions do not apply in
relation to a police dog:
(a) section 75A of the Summary Offences
Act;
(b) Part X of the Law Reform (Miscellaneous
Provisions) Act.
(2) Any other law of the Territory relating to dogs
or horses does not apply in relation to police dogs or police
horses.
After section 118
insert
118A Seizure
authorised under search warrant
A member of the Police Force who executes a warrant
issued under section 117 or 118 may, in addition to seizing anything of a nature
described in the warrant, seize any other thing:
(a) found in the course of executing the warrant;
and
(b) that the member believes on reasonable grounds
is connected with any offence.
Amendment of section 119 (Searches and
emergencies)
(1) Section 119, heading
omit, substitute
Urgent searches without
warrant
omit
all the words from "situated," to
"place."
substitute
situated and search the place.
(3) After section 119(1)
insert
(1A) A member who exercises a power under
subsection (1) may seize anything found in the course of the search if the
member believes on reasonable grounds it is necessary to do so because the
thing:
(a) is connected with an offence;
or
(b) may significantly increase the risk to the
health or safety of a particular person or the public.
(4) After section 119(3)
insert
(3A) The power of seizure under this section
includes the power to:
(a) remove the thing that is seized from the place
where it is found; and
(b) guard the thing that is seized at the place
where it is found.
After section 119
insert
119AA Search without
warrant for explosive, offensive weapon etc.
(1) This section applies if a member of the Police
Force suspects on reasonable grounds that an explosive, offensive weapon or
ammunition, the possession of which is unlawful:
(a) is in the possession or control of a person in a
public place; or
(b) is being carried in an aircraft, ship, train or
vehicle; or
(c) is at any other place.
(2) The member may, without
warrant:
(a) search the person, clothing worn by the person
and property in the person's immediate control; or
(b) enter the aircraft, ship, train, vehicle or
other place and search the place and any person found at the place, clothing
worn by the person and property in the person's immediate
control.
(3) The member may seize an explosive, offensive
weapon or ammunition found during the search.
(4) The power of seizure under subsection (3)
includes the power to:
(a) remove the thing that is seized from the place
where it is found; and
(b) guard the thing that is seized at the place
where it is found.
(5) The powers given by this section are in
addition to and do not derogate from any other powers of a member of the Police
Force.
Amendment of section 119A (Powers incidental
to search and entry powers)
(1) After section 119A(1)(a)(iii)
insert
(iv) section 119AA(2)(a); or
(2) Section 119A(1)(a)(i) and (b)(i), at the
end
insert
or
(3) Section 119A(1)(b)(iii)
omit
(3).
substitute
(3); or
(4) After section 119A(1)(b)(iii)
insert
(iv) section 119AA(2)(b).
Amendment of section 120A
(Definitions)
Section 120A
insert (in alphabetical
order)
public place includes the
following:
(a) every place to which free access is permitted to
the public with the express or tacit consent of the owner or occupier of the
place;
(b) every place to which the public are admitted on
payment of money, the test of the admittance being the payment of the money
only;
(c) every road, street, footway, court, alley or
thoroughfare that the public are allowed to use, even if the road, street,
footway, court, alley or thoroughfare is on private property;
(d) every school, college, university or similar
institution providing or offering to provide courses of
instruction.
After section 120BA
insert
120BB Seizure
authorised under search warrant
A member of the Police Force who executes a warrant
issued under section 120B may, in addition to seizing anything mentioned in
section 120BA, seize any other thing:
(a) found in the course of executing the warrant;
and
(b) that the member believes on reasonable grounds
is connected with any offence.
Amendment of section 120C (Searching vehicles,
&c.)
(1) Section 120C, heading
omit, substitute
Searching without warrant
omit
may stop and search, and detain for the purposes of
that search –
substitute
may, without warrant, stop, detain and search the
following:
(3) Section 120C(b)
omit, substitute
(b) any person found on or in an aircraft, ship,
train or vehicle being searched under paragraph (a);
Amendment of section 126 (Power to enter to
make arrest or preserve peace)
Section 126(2AC)
omit, substitute
(2AC) A member who searches a place under
subsection (2AA) is authorised to use the force that is reasonably
necessary:
(a) to open any cupboard, drawer, chest, trunk, box,
package or other receptacle, whether a fixture or not, found at the place;
and
(b) to carry out a search of a person at the
place.
Amendment of section 128 (Circumstances in
which person may be apprehended)
After section 128(5)
insert
(6) A member may use the force that is reasonably
necessary to exercise a power under this section.
After section 138 in Part 7, Division
6
insert
138A Time for holding
intoxicated person before charging and bringing before justice or
court
(1) This section applies in relation to a person
under arrest, despite section 137(1) and any provision of the Bail Act to
the contrary, if:
(a) a member of the Police Force has reasonable
grounds to believe the person is intoxicated; and
(b) section 137(2) does not apply in relation to the
person.
(2) The person may be held in lawful custody
without being charged with an offence only for as long as it reasonably appears
to the member that the person remains intoxicated.
(3) The member must charge the person with an
offence and bring the person before a justice or court (unless already granted
bail under the Bail Act) as soon as practicable after it reasonably
appears to the member that the person is no longer intoxicated.
(4) In this section, intoxicated has
the same meaning as in section 127A.
Amendment of section 142 (Electronic recording
of confessions and admissions)
(1) After section 142(2)(a)
insert
(ab) if the recording is in digitised format, issue
a certificate stating that the recording has not been altered after being made
and, if applicable, that the prescribed requirements in relation to the method
of making the recording have been met; and
(2) Section 142(2)(a) and (b), at the
end
insert
and
(3) After section 142(3)
insert
(4) An electronic recording in digitised format
used in proceedings must be accompanied by the certificate relating to the
recording issued under subsection (2)(ab).
Amendment of section 144 (Search of persons in
lawful custody)
Section 144(1) and (2)
omit, substitute
(1) A member of the Police Force may search a
person in lawful custody, including the clothing the person is wearing and any
property in the person's immediate possession, and may use the force that is
reasonably necessary to conduct the search.
(2) A member may seize any weapon or other article
capable of being used to inflict injury on a person or assist an escape from
custody, or anything relating to an offence, found as a result of a search under
subsection (1).
Amendment of section 145A (Non-intimate
procedures)
Section 145A(1)
omit
any general orders or directions issued or given
from time to time by the Commissioner of Police, a member of the Police Force
holding the rank of Superintendent
substitute
general orders, a member of the Police Force holding
the rank of Senior Sergeant
Amendment of section 145B (Voluntary
non-intimate procedures)
Section 145B(1)
omit
any general orders or directions issued or given
from time to time by the Commissioner of Police, a member of the Police Force
holding the rank of Superintendent
substitute
general orders, a member of the Police Force holding
the rank of Senior Sergeant
New Part VII, Division 7A
After section 147F
insert
In this Division:
crime scene means a place established
as a crime scene under section 147J.
crime scene powers means powers
conferred by section 147N.
investigations includes any type of
examination, analysis or process associated with the investigation of a relevant
offence at a crime scene.
relevant offence
means:
(a) an offence punishable by a term of imprisonment
of 6 months or more; or
(b) in relation to an act or omission that occurs
outside the Territory and is not an offence against a law of the
Territory – an act or omission that if done or omitted to be done in
the Territory would constitute an offence punishable by a term of imprisonment
of 6 months or more.
responsible member, for a crime scene,
means:
(a) the member of the Police Force who establishes
the crime scene; or
(b) if another member assumes control of the crime
scene after it is established – that member.
senior member means a member of the
Police Force of or above the rank of Superintendent.
147H Application of
Division
(1) This Division applies in relation to any place
(including a public place and private premises) despite any other law in force
in the Territory, including the common law.
(2) This Division does not require a member of the
Police Force to obtain a search warrant in relation to a place before
establishing it as a crime scene or exercising crime scene powers at the
place.
(3) However, this Division does not prevent a
member of the Police Force from applying for a search warrant, or exercising any
other power, under this Act at or in relation to a place (including a crime
scene), and does not affect the exercise of the power.
147J Authority to
enter place and establish crime scene
(1) If a member of the Police Force suspects on
reasonable grounds that a relevant offence has been, is being, or is about to
be, committed at a place, the member may:
(a) enter and take control of the place and anything
at the place; and
(b) remain at the place to establish and maintain a
crime scene if the member is satisfied it is reasonably necessary to do so to
preserve, or search for and gather, evidence of the commission of a relevant
offence; and
(c) exercise crime scene powers at the
place.
(2) A member may enter any other place if it is
necessary to do so to gain entry to a place mentioned in subsection
(1).
(3) To establish a crime scene, a member must,
whenever practicable:
(a) identify what is the crime scene;
and
(b) decide the boundaries necessary to protect the
crime scene; and
(c) mark the boundaries in a way that sufficiently
identifies the crime scene to the public.
(4) A member who establishes a crime scene must
comply with this Division and any of the following that relate to crime
scenes:
(a) general orders;
(b) orders, instructions or guidelines published in
the Police Gazette.
(5) As soon as reasonably practicable after a
member has established a crime scene, the member must notify a senior member of
its establishment.
147K Restricting
access to crime scene
(1) After establishing a crime scene, the
responsible member must immediately take the steps the member considers
reasonably necessary to protect anything at the crime scene from being damaged,
interfered with or destroyed.
(2) A person (other than the responsible member)
must not enter a crime scene unless:
(a) the person has a special reason, associated with
the investigations at the crime scene, for entering; or
(b) the person is a member who is asked to enter the
crime scene by the responsible member or another member; or
(c) the person is assisting the responsible member
at the crime scene; or
(d) the presence of the person is necessary to
preserve life or property at the crime scene; or
(e) the person is authorised to enter by the
responsible member.
147L Preserving
evidence at crime scene
The responsible member for a crime scene must ensure
that nothing at the crime scene is unnecessarily touched or
moved.
147M Period for
maintaining crime scene
(1) The responsible member for a crime scene may
maintain the crime scene for a reasonable period to enable necessary
investigations to be conducted.
(2) In deciding what is a reasonable period for
maintaining a crime scene, the responsible member must take into account the
following matters:
(a) the complexity of the relevant offence being
investigated;
(b) the size of the crime scene;
(c) the availability of investigators or examiners
with the appropriate knowledge to conduct investigations;
(d) any matter relevant to the exercise of crime
scene powers.
(1) During the period a crime scene is maintained,
the responsible member has the power to do any of the
following:
(a) direct a person to leave the crime scene or
remove a thing or animal from the crime scene;
(b) remove from the crime scene:
(i) a person who fails to comply with a direction to
leave the crime scene; or
(ii) a thing or animal that a person fails to remove
from the crime scene;
(c) direct a person not to enter the crime
scene;
(d) prevent a person from entering the crime
scene;
(e) prevent a person from removing a thing from or
otherwise interfering with the crime scene or anything at the crime scene and,
for that purpose, stop, detain and search the person;
(f) remove or direct the removal of an obstruction
from the crime scene;
(g) conduct necessary investigations, including by
searching the crime scene and inspecting anything at the crime scene to obtain
evidence of the commission of a relevant offence;
(h) seize and detain all or part of a thing that
might provide evidence of the commission of a relevant offence;
(i) open anything at the crime scene that is
locked;
(j) take electricity, gas or any other utility for
use at the crime scene;
(k) direct the occupier, or a person apparently
involved in the management or control, of the place where the crime scene is
located to maintain a continuous supply of electricity at the crime
scene;
(l) photograph or otherwise record the crime scene
and anything at the crime scene;
(m) dig up anything at the crime
scene;
(n) remove walls, ceilings or floors of a building
at the crime scene;
(o) dismantle anything in or at the crime
scene;
(p) exercise any other power that:
(i) it is reasonably necessary to exercise;
or
(ii) is reasonably incidental to a power conferred
by this subsection.
(2) The power conferred by subsection (1)(h)
to seize and detain a thing at the crime scene includes the
power:
(a) to remove the thing from the crime scene;
and
(b) to guard the thing at the crime
scene.
(3) Crime scene powers may also be exercised by
other members of the Police Force and other persons assisting the responsible
member at the crime scene.
(4) A member or person assisting the responsible
member at the crime scene is subject to the directions of the responsible
member.
Section 150
repeal
Amendment of section 154 (False
representation)
After section 154(2)
insert
(3) A prosecution under this section must be
commenced within 6 months after the Commissioner first becomes aware that
the false representation has been made.
Amendment of section 159 (Hindering
member)
(1) Section 159
omit
A
substitute
(1) A
(2) After section 159(1)
insert
(2) A person who hinders or obstructs a police dog
or police horse being used by a member in the execution of the member's duty is
taken to hinder or obstruct the member.
After section 159
insert
159A Killing or
injuring police dogs or police horses
(1) A person must not intentionally kill or injure
a police dog or police horse:
(a) knowing that the dog or horse is being used by a
member of the Police Force in the execution of the member's duty;
or
(b) as a consequence of, or in retaliation for, the
use of the dog or horse by a member of the Police Force while in the execution
of the member's duty.
Maximum penalty: $25 000 or imprisonment for 5
years.
(2) A court that finds a person guilty of an
offence against subsection (1) may, in addition to any penalty that may be
imposed, order the person to pay to the Commissioner a reasonable amount
for:
(a) the treatment, care, rehabilitation and
retraining of the police dog or police horse concerned; or
(b) if it is necessary to replace the police dog or
police horse – buying and training its replacement.
The Schedule has effect.
Part 3 Amendment of Kava
Management Act
Act amended
This Part amends the Kava Management
Act.
Amendment of section 32 (Powers of authorised
officers)
(1) Section 32(1)
omit
to believe
substitute
to suspect
(2) Section 32(1)(d)(ii) and (f)
omit
believes
substitute
suspects
Part 4 Amendment of Summary
Offences Act
Act amended
This Part amends the Summary Offences
Act.
Amendment of section 68A (False reports to
police)
Section 68A(1), penalty provision
omit, substitute
Maximum penalty: $200 000 or imprisonment for
10 years.
Schedule Further amendments
section
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
sections 21(6), 125(3)(c), 144(3), 165(1) and
166(2)
|
authorize
|
authorise
|
|
sections 20(1)(a), 117(5)(a) and (b), 118(8),
120D(c), 120E(1)(b) and (c) and (2), 122(8) and 155(1)
|
authorized
(all
references)
|
authorised
|
|
sections 118(7), 120B(2), 120D and
122(7)
|
authorizes
|
authorises
|
|
sections 117(1) and (2), 120B(1) and (7) and
124(2)
|
authorizing
(all
references)
|
authorising
|
|
section 27
|
26,
|
26, or on probation under section
16A,
|
|
section 120D
|
or 126(2AA)
|
|
|
section 137, heading
|
court
|
court generally
|
|
section 146(1)
|
any general orders or directions issued or given
from time to time by the Commissioner of Police,
|
general orders,
|
|
section 165(2)(a)
|
Gazette, referred to in subsection
(1)
|
Gazette
|
|
section 165(2)(b)
|
of the kind referred to in subsection
(1)
|
|
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