TERRORISM (POLICE POWERS) ACT 2002 - SECT 27ZC Monitoring by Law Enforcement Conduct Commission

TERRORISM (POLICE POWERS) ACT 2002 - SECT 27ZC

27ZC Monitoring by Law Enforcement Conduct Commission

(1) The Law Enforcement Conduct Commission is to keep under scrutiny the exercise of powers conferred on members of the NSW Police Force by this Part.

(2) For that purpose, the Law Enforcement Conduct Commission may require the Commissioner of Police or the Secretary of the Department of Justice to provide information about the exercise of those powers.

(2A) The Commissioner of Police must provide the information required by the Law Enforcement Conduct Commission, but may provide it subject to any one or more of the following conditions--

(a) that any officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 ) who is to have access to the information has been given a security clearance at an appropriate level by the Commonwealth,

(b) that the information is not made public by the Commission without consulting the Commissioner of Police on whether making the information public would reveal police methodology or ongoing operations, or would jeopardise relevant information-sharing relationships,

(c) in the case of information of particular sensitivity identified by the Commissioner of Police, that only Commissioners of the Commission are to have access to the information.

(2B) The Commissioner of Police may only redact or withhold information required by the Law Enforcement Conduct Commission for either or both of the following reasons, and must specify when and the reason the information is redacted or withheld--

(a) the information identifies an informant or a police officer operating covertly,

(b) provision of the information contravenes a law of the Commonwealth.

(3) The Law Enforcement Conduct Commission must, every three years, prepare a report on the exercise of those powers and furnish a copy of the report to the Attorney General and the Minister for Police.

(4) The Attorney General is to lay (or cause to be laid) a copy of the report before both Houses of Parliament as soon as practicable after the Attorney General receives the report.

(5) If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.

(6) The report--

(a) is, on presentation and for all purposes, taken to have been laid before the House, and

(b) may be printed by authority of the Clerk of the House, and

(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and

(d) is to be recorded--

(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.

(7) The report is to be included with the report prepared by the Law Enforcement Conduct Commission under section 26ZO so long as the requirements of this section are complied with in relation to the report prepared under this section.

(8) The first report under this section after the commencement of this subsection as inserted by the Law Enforcement Conduct Commission Act 2016 is to be prepared at the same time as the next report under section 26ZO is to be prepared.