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LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - As at 25 March 2024 - Act 103 of 2002

- As at 25 March 2024 - Act 103 of 2002

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Interpretation
  • 4 Relationship to common law and other matters
  • 5 Relationship to other Acts
  • 6 Inconsistency
  • 7 Provisions in this Act
  • 8 Act to bind Crown

PART 2 - POWERS OF ENTRY

Note
  • 9 Power to enter in emergencies
  • 10 Power to enter to arrest or detain someone or execute warrant

PART 3 - POWERS TO REQUIRE IDENTITY TO BE DISCLOSED

Division 1 - General powers to require identity to be disclosed

Division 1A - Power to require identity of suspected AVO defendant to be disclosed

  • 13A Identity of suspected AVO defendant may be required to be disclosed
  • 13B Failure of person to disclose identity on requirement
  • 13C False or misleading information about identity

Division 2 - Powers to require identity of drivers and passengers to be disclosed

Division 3 - Proof of identity

Division 4 - Removal of face coverings for identification purposes

PART 4 - SEARCH AND SEIZURE POWERS WITHOUT WARRANT

Note

Division 1 - General personal search and seizure powers

Division 2 - (Repealed)

None

Division 3 - Searches of persons on arrest or while in custody

  • 27 Power to carry out search on arrest
  • 28 Ancillary power to search persons
  • 28A Power to carry out search of person in lawful custody after arrest

Division 4 - Provisions relating generally to personal searches

Division 5 - Vehicle stop, entry, search and roadblock powers

Division 6 - Vessel and aircraft entry and search powers

  • 42 Power to search vessels and aircraft and seize things without warrant
  • 43 Power to board vessels
  • 44 Power to search aircraft for safety reasons
  • 45 Search powers relating to prohibited plants and prohibited drugs

Division 7 - Additional search and seizure powers in relation to things used to interfere with business or undertaking

  • 45A Things to which Division applies
  • 45B Power to search for and seize things without warrant
  • 45C Forfeiture of things seized

PART 5 - SEARCH AND SEIZURE POWERS WITH WARRANT OR OTHER AUTHORITY

Note

Division 1 - Definitions

Division 2 - Police and other law enforcement officers' powers relating to warrants

  • 47 Power to apply for search warrants
  • 47A General authority conferred by search warrants
  • 48 Issue of search warrants
  • 49 Seizure of things pursuant to search warrant
  • 49A Return or retrieval of thing seized or placed
  • 50 Search of persons pursuant to warrant
  • 51 Inquiries pursuant to warrant related to child prostitution offences
  • 52 Obstruction or hindrance of person executing warrant

Division 3 - Notices to produce documents

  • 53 Notices to produce documents
  • 54 Issue of notice to produce documents
  • 55 Information in application for notice to produce documents
  • 56 Claims of privilege
  • 57 Obligations and liability of authorised deposit-taking institution
  • 58 Produced document taken to be seized

Division 4 - Provisions relating generally to warrants and notices to produce documents

Division 4A - Digital evidence access orders

Subdivision 1 - Preliminary

Division 5 - Miscellaneous

  • 76A Applications with respect to covert search warrants to be dealt with in absence of public
  • 76B Publication of documents relating to search warrants
  • 77 Abolition of common law search warrants
  • 78 Ministerial arrangements for things seized in connection with extra-territorial offences
  • 79 References in other Acts to "authorised justice" or "authorised officer"
  • 80 Application of warrant provisions

PART 5A - DECCD ACCESS ORDERS

Division 1 - Preliminary

Division 2 - Applications for DECCD access orders

Division 3 - Determining applications for DECCD access orders

  • 80I Matters to be considered in determining reasonable grounds for digital evidence orders
  • 80J Decisions about applications for DECCD access orders

Division 4 - Issue of DECCD access orders

Division 5 - Miscellaneous

PART 6 - SEARCH, ENTRY AND SEIZURE POWERS RELATING TO DOMESTIC VIOLENCE OFFENCES

Note
  • 81 Definitions
  • 82 Entry by invitation
  • 83 Warrant where entry denied or authority to remain refused
  • 84 Obstruction or hindrance of person executing warrant or exercising power under this Part
  • 85 Powers that may be exercised on entry into premises
  • 86 Police may enter and search for firearms
  • 87 Search and seizure powers

PART 6A - EMERGENCY POWERS--PUBLIC DISORDER

Division 1 - Preliminary

Division 2 - Liquor restrictions

  • 87B Emergency prohibition on sale or supply of liquor
  • 87C Emergency alcohol-free zones

Division 3 - Special powers to prevent or control public disorders

  • 87D Authorisation of special powers to prevent or control public disorder in public place
  • 87E Target of authorisation
  • 87F Giving of authorisation
  • 87G Duration and revocation of authorisation
  • 87H Exercise of special powers conferred by authorisation by police officers
  • 87I Power to place or establish cordon or roadblock
  • 87J Power to stop and search vehicles
  • 87K Power to search persons
  • 87L Power to obtain disclosure of identity
  • 87M Power to seize and detain things
  • 87MA Power to disperse groups
  • 87MB Powers exercisable where vehicle outside the target area of authorisation given under this Division
  • 87N Emergency exercise of powers

Division 4 - Miscellaneous

  • 87O Report to Law Enforcement Conduct Commission

PART 6B - PUBLIC SAFETY ORDERS

Division 1 - Interpretation

Division 2 - Making, variation and revocation of public safety orders

  • 87R Power of senior police officer to make public safety order
  • 87S Content and duration of public safety order
  • 87T Service and notification of public safety order or variation of order
  • 87U Variation and revocation of public safety order

Division 3 - Appeals against long duration public safety orders

  • 87V Application of Division
  • 87W Appeal to Supreme Court against long duration public safety orders
  • 87X Criminal intelligence reports or other criminal information
  • 87Y Determination of appeal on the merits
  • 87Z Rules of court

Division 4 - Miscellaneous

  • 87ZA Contravention of public safety order
  • 87ZB Power to search premises and other areas and vehicles in connection with public safety order
  • 87ZC Regulations

PART 7 - CRIME SCENES

Note

PART 8 - POWERS RELATING TO ARREST

Note
  • 99 Power of police officers to arrest without warrant
  • 100 Power of other persons to arrest without warrant
  • 101 Power to arrest with warrant
  • 102 Power to arrest persons who are unlawfully at large
  • 103 Warrant for arrest of person unlawfully at large
  • 104 Power to arrest for interstate offences
  • 104A Arrest by commander of aircraft
  • 105 Arrest may be discontinued
  • 106 Person helping in covert operations not under arrest
  • 107 Part does not affect alternatives to arrest
  • 108 Part does not affect Young Offenders Act 1997

PART 8A - USE OF POLICE IN-CAR VIDEO EQUIPMENT

PART 9 - INVESTIGATIONS AND QUESTIONING

Division 1 - Preliminary

  • 109 Objects of Part
  • 110 Definitions
  • 111 Persons to whom Part applies
  • 112 Modification of application of Part to certain persons
  • 112A Application of Part in connection with execution of search warrants
  • 113 Effect of Part on other powers and duties

Division 2 - Investigation and questioning powers--persons under arrest

  • 114 Detention after arrest for purposes of investigation
  • 115 Investigation period
  • 116 Determining reasonable time
  • 117 Certain times to be disregarded in calculating investigation period
  • 118 Detention warrant to extend investigation period
  • 119 Detention warrants
  • 120 Information in application for detention warrant
  • 121 Detention after arrest for purposes of investigation may count towards sentence

Division 3 - Safeguards relating to persons under arrest and protected suspects

  • 122 Custody manager to caution, and give summary of Part to, person under arrest or protected suspect
  • 123 Right to communicate with friend, relative, guardian or independent person and Australian legal practitioner
  • 124 Right of foreign national to communicate with consular official
  • 125 Circumstances in which certain requirements need not be complied with
  • 126 Provision of information to friend, relative or guardian
  • 127 Provision of information to certain other persons
  • 128 Provision of interpreter
  • 129 Right to medical attention
  • 130 Right to reasonable refreshments and facilities
  • 131 Custody records to be maintained

Division 4 - Regulations

PART 10 - OTHER POWERS RELATING TO PERSONS IN CUSTODY AND TO OTHER OFFENDERS

Note

Division 1 - Taking of identification particulars from persons in custody

  • 133 Power to take identification particulars
  • 134 Orders for the taking of identification particulars
  • 135 Lawful custody of persons other than police officers
  • 136 Identification particulars of children under 14 years
  • 137 Destruction of certain identification particulars relating to children
  • 137A Destruction of finger-prints and palm-prints (adults and children)
  • 137B Extension of period at the end of which finger-prints and palm-prints may be destroyed
  • 137C Commissioner may order destruction of identification particulars

Division 2 - Examination of persons in custody

  • 138 Power to examine person in custody

Division 3 - Taking of identification particulars from other offenders

Note
  • 138A Taking of finger-prints and palm-prints from persons issued penalty notices
  • 138B Taking of finger-prints and palm-prints from persons required to attend court
  • 138C Safeguards for exercise of powers to obtain finger-prints and palm-prints without arrest

Division 4 - Testing of certain offenders for intoxication

  • 138D Persons to whom Division applies and purpose of exercise of powers
  • 138E Definitions
  • 138F Breath testing and breath analysis for presence of alcohol
  • 138G Blood and urine samples for analysis for presence of alcohol or drugs
  • 138H Offences relating to testing

PART 11 - DRUG DETECTION POWERS

Division 1 - Drug premises

Division 2 - Use of drug detection dogs

  • 145 Meaning of "general drug detection"
  • 146 General authority to use drug detection dogs
  • 147 Use of dogs for general drug detection authorised
  • 148 General drug detection with dogs in authorised places
  • 149 General drug detection with dogs by warrant
  • 150 Provisions relating to general drug detection

Division 3 - (Repealed)

None

PART 12 - (Repealed)

PART 13 - USE OF DOGS TO DETECT FIREARMS AND EXPLOSIVES

  • 193 Definitions
  • 194 Part does not confer power of entry or detention
  • 195 General authority to use dogs for detecting firearms or explosives
  • 196 General firearms or explosives detection using dogs

PART 14 - POWERS TO GIVE DIRECTIONS

Note
  • 197 Directions generally relating to public places
  • 198 Move on directions to intoxicated persons in public places
  • 198A Giving of directions to groups of persons
  • 199 Failure to comply with direction
  • 200 Limitation on exercise of police powers under this Part
  • 200A Code of practice

PART 15 - SAFEGUARDS RELATING TO POWERS

Note
  • 201 Police powers to which this Part applies
  • 202 Police officers to provide information when exercising powers
  • 203 Police officers to give warnings when giving or making directions, requirements or requests that must be complied with
  • 204 Detention period for search of vehicles etc limited
  • 204A Validity of exercise of powers
  • 204B Commission of offence in relation to exercise of powers where failure by police officer to comply with this Part

PART 16 - POWERS RELATING TO DETENTION OF INTOXICATED PERSONS

  • 205 Definitions
  • 206 Detention of intoxicated persons
  • 207 Detention of persons in authorised places of detention
  • 208 Searching detained persons
  • 209 Records
  • 210 Police officers and others not liable for certain acts or omissions

PART 16A - POWERS RELATING TO FORTIFIED PREMISES

  • 210A Definitions
  • 210B Fortification removal order
  • 210C Application for fortification removal order
  • 210D Enforcement of fortification removal order
  • 210E Hindering removal or modification of fortifications
  • 210F Liability for damage
  • 210G Extension of order
  • 210H Withdrawal of order
  • 210I Application of planning controls
  • 210J Delegation

PART 16B - ENTRY ONTO LAND TO MUSTER STOCK

  • 210K Definitions
  • 210L Stock mustering orders
  • 210M Application for stock mustering order
  • 210N Notice of stock mustering order
  • 210O Entering land to enforce stock mustering order
  • 210P Preventing, hindering or obstructing enforcement of stock mustering order

PART 17 - PROPERTY IN POLICE CUSTODY

Division 1 - Confiscated knives and other dangerous articles and implements

Division 2 - Other property in police custody

  • 215 Definitions
  • 216 Application to property
  • 217 Right to inspect seized documents
  • 218 Return of seized things
  • 219 Disposal of property on application to court
  • 220 Disposal of property connected with an offence after determination of proceedings
  • 221 Disposal of unclaimed property not connected with an offence
  • 222 Procedure where no dispute as to ownership of livestock and owner known
  • 223 Procedure where no dispute as to ownership of livestock but owner not known
  • 224 Procedure if there is a dispute as to ownership of livestock
  • 225 Disposition of benefit derived from livestock
  • 226 Notification of right to recover proceeds of sale
  • 227 Livestock provisions in addition to other provisions
  • 228 Application to Treasurer for recovery of money or proceeds of sale
  • 229 Courts having jurisdiction under this Division

PART 18 - USE OF FORCE

PART 19 - MISCELLANEOUS

  • 231A Prohibition on use of spit hoods
  • 232 Protection of police acting in execution of warrant
  • 233 Admissibility of evidence of searches
  • 234 Proceedings for offences
  • 235 Penalty notices
  • 236 Onus of proof of reasonable excuse
  • 237 Commissioner's instructions
  • 237A Review of certain provisions relating to digital evidence access orders
  • 238 Regulations
  • 239 Repeals
    • 240. (Repealed)
  • 241 Savings and transitional provisions
  • 242 Monitoring of operation of certain provisions of Act by Inspector
  • 242A Annual reports to be given to Attorney General and Minister for Police
  • 242B Monitoring of operation of Division 4 of Part 3 by Chief Commissioner of LECC
  • 243 Review of Act

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