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POLICE REGULATION ACT 1958 - NOTES
No. 6338 of 1958
Version incorporating amendments as at 1 June 2008
ENDNOTES
1. General Information
The Police Regulation Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
Note to long title-
As to special constables, see sections 13-25 of the Unlawful Assemblies and Processions Act 1958 and section 10 of the Public Safety Preservation Act 1958.
As to water police, see sections 3 and 4 of the Seamen's Act 1958.
As to a member of the Police Force being lawfully appointed to act as a bailiff, see section 109 of the Supreme Court Act 1986.
2. Table of Amendments
This Version incorporates amendments made to the Police Regulation Act 1958 by Acts and subordinate instruments.
-------------------------------------------------------------
Police Regulation (Amendment) Act 1958, No. 6486/1958
Assent Date:
16.12.58
Commencement Date:
2.1.59: Government Gazette 17.12.58 p. 3922
Current State:
All of Act in operation
Statute Law Revision Act 1959, No. 6505/1959
Assent Date:
5.5.59
Commencement Date:
1.4.59: s. 1(2)
Current State:
All of Act in operation
Police Regulation (Delegation of Powers) Act 1959, No. 6570/1959
Assent Date:
1.12.59
Commencement Date:
1.12.59
Current State:
All of Act in operation
Police Regulation (Pensions) Act 1959, No. 6695/1959
Assent Date:
13.12.60
Commencement Date:
30.12.60: Government Gazette 14.12.60 p. 3918
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1961, No. 6833/1961
Assent Date:
12.12.61
Commencement Date:
1.8.62: Government Gazette 1.8.62 p. 2694
Current State:
All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62: Government Gazette 4.7.62 p. 2314
Current State:
All of Act in operation
Police Regulation Act 1962, No. 6957/1962
Assent Date:
18.12.62
Commencement Date:
1.10.63: Government Gazette 25.9.63 p. 2916
Current State:
All of Act in operation
Superannuation Act 1963, No. 7081/1963
Assent Date:
10.12.63
Commencement Date:
1.2.64: Government Gazette 1.2.64 p. 132
Current State:
All of Act in operation
Public Service (Amendment) Act 1964, No. 7135/1964
Assent Date:
5.5.64
Commencement Date:
11.6.64: Government Gazette 10.6.64 p. 1895
Current State:
All of Act in operation
Statute Law Revision Act 1964, No. 7142/1964
Assent Date:
5.5.64
Commencement Date:
5.5.64 but see s. 3
Current State:
All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65 but see s. 3
Current State:
All of Act in operation
Public Officers Act 1965, No. 7349/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65
Current State:
All of Act in operation
Pensions Supplementation Act 1966, No. 7417/1966
Assent Date:
17.5.66
Commencement Date:
Pt 1 on 17.5.66: s. 1(2); Pts 2, 3 on 25.5.66: Government Gazette 25.5.66 p. 1927
Current State:
All of Act in operation
Public Officers (Long Service Leave) Act 1967, No. 7536/1967
Assent Date:
17.3.67
Commencement Date:
17.3.67
Current State:
All of Act in operation
Police Regulation (Pensions) Act 1967, No. 7538/1967
Assent Date:
17.3.67
Commencement Date:
2.8.67: Government Gazette 2.8.67 p. 2445
Current State:
All of Act in operation
Justices (Amendment) Act 1969, No. 7876/1969
Assent Date:
25.11.69
Commencement Date:
All of Act (except ss 3, 5, 6, 7(k)(m)-(o)) on 1.4.70; ss 3, 5, 6, 7(k)(m)-(o) on 1.7.70: Government Gazette 25.2.70 p. 463
Current State:
All of Act in operation
Superannuation (Amendment) Act 1969, No. 7910/1969
Assent Date:
16.12.69
Commencement Date:
Ss 1, 2, 4-14 on 19.12.69: Government Gazette 19.12.69 p. 4136; s. 3 on 1.7.71: Government Gazette 19.8.70 p. 2827
Current State:
All of Act in operation
Superannuation (Amendment) Act 1970, No. 8047/1970
Assent Date:
15.12.70
Commencement Date:
15.12.70
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1971, No. 8097/1971
Assent Date:
15.4.71
Commencement Date:
15.4.71
Current State:
All of Act in operation
Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971
Assent Date:
23.11.71
Commencement Date:
15.12.71: Government Gazette 15.12.71 p. 3845
Current State:
All of Act in operation
Superannuation Act 1972, No. 8314/1972
Assent Date:
8.11.72
Commencement Date:
1.12.72: s. 1(2)
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1973, No. 8487/1973
Assent Date:
4.12.73
Commencement Date:
4.12.73
Current State:
All of Act in operation
Police Regulation (Pensions) Act 1975, No. 8722/1975
Assent Date:
16.5.75
Commencement Date:
1.7.75: Government Gazette 1.7.75 p. 2327
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1975, No. 8745/1975
Assent Date:
5.11.75
Commencement Date:
5.11.75
Current State:
All of Act in operation
Police Regulation (Long Service Leave) Act 1975, No. 8759/1975
Assent Date:
18.11.75
Commencement Date:
18.11.75
Current State:
All of Act in operation
Police Regulation (Long Service Leave) Act 1976, No. 8959/1976
Assent Date:
16.12.76
Commencement Date:
16.12.76
Current State:
All of Act in operation
Statute Law Revision Act 1977, No. 9019/1977
Assent Date:
17.5.77
Commencement Date:
17.5.77 but see s. 2(2)
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1977, No. 9066/1977
Assent Date:
29.11.77
Commencement Date:
7.12.77: Government Gazette 7.12.77 p. 3765
Current State:
All of Act in operation
Police Regulation (Retired Police Reserve) Act 1980, No. 9392/1980
Assent Date:
13.5.80
Commencement Date:
20.5.80: Government Gazette 28.5.80 p. 1659
Current State:
All of Act in operation
Police Regulation (Charges and Appeals) Act 1980, No. 9433/1980
Assent Date:
5.11.80
Commencement Date:
Ss 1, 3-8 on 9.3.81: Government Gazette 4.3.81 p. 741; s. 2 on 1.4.81: Government Gazette 1.4.81 p. 1050
Current State:
All of Act in operation
Superannuation Act 1980, No. 9460/1980
Assent Date:
16.12.80
Commencement Date:
1.1.81: Government Gazette 23.12.80 p. 4379
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1980, No. 9469/1980
Assent Date:
16.12.80
Commencement Date:
16.12.80
Current State:
All of Act in operation
Police Regulation (Appointments) Act 1981, No. 9527/1981
Assent Date:
23.4.81
Commencement Date:
23.4.81
Current State:
All of Act in operation
Statute Law Revision Act 1981, No. 9549/1981
Assent Date:
19.5.81
Commencement Date:
19.5.81 but see s. 2(2)
Current State:
All of Act in operation
Crimes (Classification of Offences) Act 1981, No. 9576/1981
Assent Date:
26.5.81
Commencement Date:
1.9.81: Government Gazette 26.8.81 p. 2799
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1981, No. 9646/1981 (as amended by No. 9902)
Assent Date:
15.12.81
Commencement Date:
Ss 1, 3, 4 on 16.12.81: Government Gazette 16.12.81 p. 4148; s. 2 on 11.5.81: s. 1(4); s. 6 on 1.3.82: Government Gazette 24.2.82 p. 533; rest of Act on 28.4.82: Government Gazette 28.4.82 p. 1171
Current State:
All of Act in operation
Superannuation (Lump Sum Benefits) Act 1981, No. 9672/1981
Assent Date:
22.12.81
Commencement Date:
Ss 25(1)(a), 47 on 24.3.82: s. 1(3); s. 27 on 1.7.81: s. 1(4); s. 39 on 1.11.81: s. 1(5); rest of Act on 1.1.82: Government Gazette 23.12.81 p. 4261
Current State:
All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date:
15.6.83
Commencement Date:
15.6.83 but see s. 2(2)
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1983, No. 9906/1983
Assent Date:
21.6.83
Commencement Date:
21.6.83
Current State:
All of Act in operation
Penalties and Sentences (Amendment) Act 1983, No. 9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 2 on 1.9.81: s. 1(4); s. 8 never proclaimed-repealed by No. 10096 s. 4(4); rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035
Current State:
All of Act in operation
Police Regulation (Police Reservists) Act 1983, No. 9975/1983
Assent Date:
29.11.83
Commencement Date:
29.11.83
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1984, No. 10031/1984
Assent Date:
27.3.84
Commencement Date:
27.3.84
Current State:
All of Act in operation
Statute Law Revision Act 1984, No. 10087/1984
Assent Date:
22.5.84
Commencement Date:
22.5.84 but see s. 3(2)
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1985, No. 10250/1985
Assent Date:
10.12.85
Commencement Date:
Ss 1-5, 7, 8, 13, 15-21 on 11.12.85: Government Gazette 11.12.85 p. 4544; ss 11, 12 on 11.2.86: Government Gazette 11.2.86 p. 321; s. 9 on 19.3.86: Government Gazette 19.3.86 p. 676; s. 14 on 4.6.86: Government Gazette 4.6.86 p. 1609; s. 10 on 14.7.86: Government Gazette 9.7.86 p. 2686; s. 6 on 18.8.86: Government Gazette 6.8.86 p. 3011; s. 22 never proclaimed-repealed by No. 14/1988 s. 19
Current State:
All of Act in operation
Coroners Act 1985, No. 10257/1985
Assent Date:
10.12.85
Commencement Date:
Ss 1-3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115
Current State:
All of Act in operation
Superannuation Schemes Amendment Act 1985, No. 10258/1985
Assent Date:
10.12.85
Commencement Date:
S. 7(1) on 1.1.86: Government Gazette 17.12.85 p. 4633
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Constitution (British Subjects) Act 1986, No. 61/1986
Assent Date:
16.9.86
Commencement Date:
27.5.87: Government Gazette 27.5.87 p. 1235
Current State:
All of Act in operation
Community Services Act 1987, No. 16/1987
Assent Date:
12.5.87
Commencement Date:
S. 4(3)(Sch. 1 item 18) on 22.2.89: Government Gazette 22.2.89 p. 386
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Police Regulation (Protective Services) Act 1987, No. 32/1987
Assent Date:
12.5.87
Commencement Date:
10.6.87: s. 2
Current State:
All of Act in operation
Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988
Assent Date:
11.5.88
Commencement Date:
11.5.88: Government Gazette 11.5.88 p. 1150
Current State:
All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date:
24.5.88
Commencement Date:
S. 93(2)(Sch. 2 Pt 2 item 45) on 1.7.88: Government Gazette 1.6.88 p. 1487
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Police Regulation (Amendment) Act 1989, No. 15/1989
Assent Date:
16.5.89
Commencement Date:
Ss 1-32 on 16.5.89: s. 2(1); s. 33 on 23.8.89: Government Gazette 23.8.89 p. 2146
Current State:
All of Act in operation
County Court (Amendment) Act 1989, No. 19/1989
Assent Date:
16.5.89
Commencement Date:
1.8.89: Government Gazette 26.7.89 p. 1858
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
Police Regulation (Further Amendment) Act 1990, No. 42/1990
Assent Date:
13.6.90
Commencement Date:
1.4.91: Government Gazette 27.3.91 p. 774
Current State:
All of Act in operation
Police (Industrial Functions) Act 1992, No. 11/1992
Assent Date:
20.5.92
Commencement Date:
1.7.92: Government Gazette 3.6.92 p. 1306
Current State:
All of Act in operation
Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992
Assent Date:
23.6.92
Commencement Date:
1.8.92: Government Gazette 22.7.92 p. 1874
Current State:
All of Act in operation
Superannuation (Occupational Superannuation Standards) Act 1992, No. 49/1992
Assent Date:
30.6.92
Commencement Date:
30.6.92: Special Gazette (No. 31) 30.6.92 p. 2
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1992, No. 72/1992
Assent Date:
24.11.92
Commencement Date:
14.12.92: Government Gazette 9.12.92 p. 3680
Current State:
All of Act in operation
Employee Relations Act 1992, No. 83/1992
Assent Date:
24.11.92
Commencement Date:
S. 184(Sch. 6 items 17.1, 17.2) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Police Regulation (Discipline) Act 199312, No. 35/1993 (as amended by No. 118/1993)
Assent Date:
25.5.93
Commencement Date:
Ss 1, 2, 18 on 25.5.93: s. 2(1); rest of Act on 26.8.93: Government Gazette 26.8.93 p. 2377
Current State:
All of Act in operation
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation
Superannuation Acts (Further Amendment) Act 1994, No. 120/1994
Assent Date:
20.12.94
Commencement Date:
S. 12 on 13.6.90: s. 2(2); s. 6 on 1.7.94: s. 2(7); s. 8 on 1.7.94: s. 2(7A); ss 7(1)(2), 9-11, 13 on 20.12.94: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Equal Opportunity Act 1995, No. 42/1995
Assent Date:
14.6.95
Commencement Date:
S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 30 on 1.1.96: Government Gazette 21.12.95 p. 3571
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Superannuation Acts (Amendment) Act 1996, No. 4/1996
Assent Date:
18.6.96
Commencement Date:
S. 134(7) on 30.6.96: s. 2(12)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Police Regulation (Selection and Review) Act 1996, No. 23/1996
Assent Date:
2.7.96
Commencement Date:
Ss 1, 2 on 2.7.96: s. 2(1); rest of Act on 2.8.96: Government Gazette 1.8.96 p. 1954
Current State:
All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 65) on 1.1.97: s. 2(3)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996
Assent Date:
12.12.96
Commencement Date:
S. 10(Sch. 2 item 18) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Assent Date:
17.12.96
Commencement Date:
Ss 64-67 on 17.12.96: s. 2(1).
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Police and Corrections (Amendment) Act 1997, No. 26/1997
Assent Date:
20.5.97
Commencement Date:
Ss 38, 39 on 26.6.97: Government Gazette 26.6.97 p. 1433; ss 40-48 on 2.10.97: Government Gazette 2.10.97 p. 2731
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 74) on 1.7.98: Government Gazette 18.6.98 p. 1512
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Police Regulation and Firearms (Amendment) Act 1999, No. 30/1999
Assent Date:
1.6.99
Commencement Date:
Pt 1 (ss 1, 2) on 1.6.99: s. 2(1); rest of Act on 22.8.99: Government Gazette 12.8.99 p. 1889
Current State:
All of Act in operation
Police Regulation (Amendment) Act 1999, No. 61/1999
Assent Date:
21.12.99
Commencement Date:
Ss 4-6, 8-19 on 2.4.00: Government Gazette 30.3.00 p. 569; s. 7 on 1.1.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000
Assent Date:
5.12.00
Commencement Date:
S. 12 on 6.12.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Police Regulation (Miscellaneous Amendments) Act 2001, No. 9/2001
Assent Date:
8.5.01
Commencement Date:
9.5.01: s. 2
Current State:
All of Act in operation
Whistleblowers Protection Act 2001, No. 36/2001
Assent Date:
19.6.01
Commencement Date:
S. 119 on 19.6.01: s. 2(1); ss 116-118 on 1.1.02: s. 2(2)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Auction Sales (Repeal) Act 2001, No. 84/2001
Assent Date:
11.12.01
Commencement Date:
S. 11 on 1.1.03: s. 2(4)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
Assent Date:
18.6.02
Commencement Date:
S. 11 on 19.6.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
Assent Date:
16.6.03
Commencement Date:
S. 52(Sch. 1 item 9) on 17.6.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Monetary Units Act 2004, No. 10/2004
Assent Date:
11.5.04
Commencement Date:
S. 15(Sch. 1 item 21) on 1.7.04: s. 2(2)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Ombudsman Legislation (Police Ombudsman) Act 2004, No. 32/2004
Assent Date:
1.6.04
Commencement Date:
Ss 9-20 on 2.6.04: s. 2
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Major Crime Legislation (Office of Police Integrity) Act 2004, No. 63/2004 (as amended by No. 79/2004)
Assent Date:
12.10.04
Commencement Date:
Ss 3-6 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 1
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Major Crime (Investigative Powers) Act 2004, No. 79/2004 (as amended by No. 97/2004)
Assent Date:
16.11.04
Commencement Date:
Ss 75, 97 on 16.11.04: s. 2(2); ss 74, 76-96, 98, 99 on 16.11.04: Special Gazette (No. 237) 16.11.04 p. 2
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 158) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Transport Legislation (Amendment) Act 2004, No. 110/2004
Assent Date:
21.12.04
Commencement Date:
Ss 17, 18 on 22.12.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date:
24.5.05
Commencement Date:
S. 18(Sch. 1 item 83) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Road Safety (Further Amendment) Act 2005, No. 24/2005
Assent Date:
31.5.05
Commencement Date:
S. 26 on 1.6.05: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Defamation Act 2005, No. 75/2005
Assent Date:
2.11.05
Commencement Date:
S. 49(Sch. 4 item 2) on 1.1.06: s. 2
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005
Assent Date:
29.11.05
Commencement Date:
Ss 13-19 on 30.11.05: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Health Professions Registration Act 2005, No. 97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 40) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Education and Training Reform Act 2006, No. 24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 31) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date:
6.6.06
Commencement Date:
S. 3(Sch. 1 item 30) on 7.6.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Charter of Human Rights and Responsibilities Act 2006, No. 43/2006
Assent Date:
25.7.06
Commencement Date:
S. 47(Sch. item 4) on 1.1.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date:
15.8.06
Commencement Date:
S. 42(Sch. item 28) on 23.4.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 84) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
Justice and Road Legislation Amendment (Law Enforcement) Act 2007,
No. 52/2007
Assent Date:
17.10.07
Commencement Date:
Ss 4(1), 8 on 1.4.08: Government Gazette 27.3.08 p. 607; ss 4(2), 5-7 on 1.6.08: s. 2(2)
Current State:
The information relates only to the provision/s amending the Police Regulation Act 1958
Police Regulation Amendment Act 2007, No. 67/2007
Assent Date:
11.12.07
Commencement Date:
Ss 6, 8-10, 12, 14 on 18.3.08: Special Gazette (No. 70) 18.3.08 p. 1; ss 3-5, 7, 11, 13 on 16.4.08: Special Gazette (No. 100) 15.4.08 p. 1
Current State:
This information relates only to the provision/s amending the Police Regulation Act 1958
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3. Explanatory Details
1 S. 4(2AA): Section 9 of the Police Regulation (Amendment) Act 1992, No. 72/1992 provides as follows:
9. Transitional provision
A person holding office as an Assistant Commissioner or Deputy Commissioner immediately before the commencement of this section continues to hold that office on the same terms and conditions as those on which he or she held that office immediately before that commencement, unless the Governor in Council determines that that person is appointed for a term, not exceeding 5 years.
2 Pt 3 Div. 1: See also Division 3 of Part 3.
3 S. 64C: Section 6(2)-(4) of the Police Regulation (Further Amendment) Act 1990, No. 42/1990 provides as follows:
6. Insertion of new section 64C
(2) On the commencement of this section-
(a) the Pensions Supplementation Act 1966 is repealed; and
(b) the Supplementation Fund under that Act shall for all purposes become and be part of the Superannuation Fund under the State Superannuation Act 1988, and-
(i) all amounts standing to the credit of the Supplementation Fund immediately before that commencement shall be transferred to and stand to the credit of the Superannuation Fund; and
(ii) all liabilities of the Supplementation Fund unmet as at that commencement shall be transferred to and met from the Superannuation Fund.
(3) The State Superannuation Board is hereby required, authorised and empowered to do all such acts and things as are necessary for the purposes of subsection (2)(b).
(4) A reference to the Supplementation Fund in any Act, subordinate legislation, instrument or other document whatever shall, on and from the commencement of this section, and if not inconsistent with the context or subject-matter, be deemed and taken to be a reference to the Superannuation Fund.
4 Pt 4 Div. 2: Sections 19 and 20 of the Police Regulation (Discipline) Act 1993, No. 35/1993 (as amended by sections 4 and 5 of the Police Regulation (Discipline) (Amendment) Act 1993, No. 118/1993) provide as follows:
19. Transitional provisions-abolition of Boards and proceedings before Boards
(1) In this section, a reference to the Police Service Board is a reference to the Police Service Board established under the Principal Act immediately before the coming into operation of section 10 of this Act and a reference to the Police Discipline Board is a reference to the Police Discipline Board established under the Principal Act immediately before the coming into operation of section 12 of this Act.
(2) Except for the purpose of giving effect to this section, on the coming into operation of section 10 of this Act, the Police Service Board is abolished and the members of the Board go out of office.
(3) Except for the purpose of giving effect to this section, on the coming into operation of section 12 of this Act, the Police Discipline Board is abolished and the members of the Board go out of office.
(4) If-
(a) an appeal has been lodged with the Police Service Board under the Principal Act as in force immediately before the commencement of section 10 of this Act and the Board has commenced hearing that appeal, the Board may continue to hear that appeal as if this Act had not been enacted; or
(b) the Police Service Board has commenced an inquiry under section 88A of the Principal Act as in force immediately before the commencement of section 12 of this Act, the Board may continue that inquiry as if this Act had not be enacted.
(4A) If a charge has been referred to the Police Discipline Board, or the Chief Commissioner of Police has applied to the Police Discipline Board to inquire into the fitness for duty of a member, under the Principal Act as in force before the commencement of section 12 of this Act but the Board has not commenced hearing that charge or conducting that inquiry, the Board may hear that charge or conduct that inquiry as if this Act had not been enacted.
(4B) Despite its repeal by this Act, section 91 of the Principal Act continues to have effect in relation to decisions of the Police Discipline Board made before the commencement of section 12 of this Act or made under this section after that commencement.
(5) If a charge has been referred to the Police Discipline Board or the Chief Commissioner has applied to the Police Discipline Board to inquire into the fitness for duty of a member under the Principal Act as in force immediately before the commencement of section 12 of this Act, and the Board has commenced hearing that charge or conducting that inquiry, the Board may continue to hear that charge or conduct that inquiry as if this Act had not been enacted.
(6) The Chief Commissioner must give effect to a determination of the Police Service Board or Police Discipline Board made under this section.
20. Transitional provision-application of Principal Act
The Principal Act, as amended by this Act, applies to breaches of discipline committed before the commencement of section 10 of this Act if a charge has not been made under the Principal Act before that commencement.
5 Pt 4 Div. 3: See note 4.
6 Pt 4 Div. 4: See note 4.
7 Pt 4 Div. 5: See note 4.
8 Pt 4 Div. 6: See note 4.
9 Pt 4A: Section 13 of the Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988 provides as follows:
13. Abolition of Police Complaints Authority
The Police Complaints Authority is abolished, and the person appointed to that Authority goes out of office, on the commencement of this Act.
The Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988 came into operation on 11 May 1988.
Section 17 of the Deputy Ombudsman (Police Complaints) Act 1988, No. 14/1988 provides as follows:
17. Savings and transitional provisions
A complaint about the conduct of a member of the force that had been made under Part IVA of the Police Regulation Act 1958 before the commencement of this Act must, if the investigation of the complaint had not been finalised before that commencement, be dealt with in accordance with that Part as amended by this Act, whether or not any investigation into that complaint had been begun under that Part.
10 Pt 5 Div. 2: See note 4.
11 Sch. 2: See Part 4 of the Evidence Act 1958, No. 6246 as to the mode of administering the oath.
12 Table of Amendments (Act No. 35/1993): Section 18 of the Police Regulation (Discipline) Act 1993, No. 35/1993 reads as follows:
18. Continuation of office of members of the Police Service Board
(1) If the term of office of an appointed or elected member of the Police Service Board, established under the Principal Act, expires before the abolition of that Board under this Act, the member holding office immediately before the expiry of that term of office continues to hold that office until the abolition of the Board, unless the office becomes vacant sooner under any one of paragraphs (b) to (f) of section 75 of the Principal Act as in force at the time this section comes into operation.
(2) If an office, which has been filled by virtue of the operation of subsection (1), subsequently becomes vacant under any one of paragraphs (b) to (f) of section 75 of the Principal Act as in force at the time this section comes into operation, the Governor in Council may appoint a person to fill that vacancy.
(3) A person appointed to fill a vacancy under this section holds office until the abolition of the Board, unless the office becomes sooner vacant under any one of paragraphs (b) to (f) of section 75 of the Principal Act as in force at the time this section comes into operation.
(4) This section operates despite anything to the contrary in this Act or the Principal Act.
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Police Regulation Act 1958
No. 6338 of 1958