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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Police Service Amendment (NSW
Police) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Police Service Act 1990 No 47 2
4 Amendment of other Acts and instruments 2
Schedules
1 Amendment of Police Service Act 1990 3
2 Amendment of other Acts and instruments 12
b02-070-p02.818
New South Wales
Police Service Amendment (NSW
Police) Bill 2002
No , 2002
A Bill for
An Act to amend the Police Service Act 1990 so as to rename the Police Service
as NSW Police, to restrict the use of the word "police" as part of a person's or
body's operating name, to provide for the payment of compensation to persons
training to be police officers and to regulate the appointment, promotion and
transfer of police officers; and for other purposes.
Clause 1 Police Service Amendment (NSW Police) Bill 2002
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Police Service Amendment (NSW Police) Act 2002. 3
2 Commencement 4
(1) This Act commences on a day or days to be appointed by 5
proclamation, subject to subsection (2). 6
(2) Schedule 1 [12] commences: 7
(a) on the commencement of Schedule 1 [11], or 8
(b) on the commencement of Schedule 1.7 to the Compensation 9
Court Repeal Act 2002, 10
whichever is the later. 11
3 Amendment of Police Service Act 1990 No 47 12
The Police Service Act 1990 is amended as set out in Schedule 1. 13
4 Amendment of other Acts and instruments 14
Each Act and instrument referred to in Schedule 2 is amended as set 15
out in that Schedule. 16
Page 2
Police Service Amendment (NSW Police) Bill 2002
Amendment of Police Service Act 1990 Schedule 1
Schedule 1 Amendment of Police Service Act 1990 1
(Section 3) 2
[1] Long title 3
Omit the long title. Insert instead: 4
An Act to establish NSW Police, to provide for the 5
management of NSW Police and for the employment of its 6
members of staff, and for other purposes. 7
[2] The whole Act 8
Omit "The Police Service", "The Police Service of New South Wales", "the 9
Police Service" and "Police Service" wherever occurring (except where 10
specifically referred to elsewhere in this Schedule). 11
Insert instead "NSW Police". 12
[3] Section 1 13
Omit the section. Insert instead: 14
1 Name of Act 15
This Act is the Police Act 1990. 16
[4] Section 3 Definitions 17
Omit the definitions of Police Service and Police Service Senior Executive 18
Service from section 3 (1). 19
Insert instead in alphabetical order: 20
NSW Police means NSW Police established by this Act. 21
NSW Police Senior Executive Service means the NSW Police 22
Senior Executive Service established by this Act. 23
[5] Section 4 24
Omit the section. Insert instead: 25
4 Establishment of NSW Police 26
NSW Police is established by this Act. 27
Page 3
Police Service Amendment (NSW Police) Bill 2002
Schedule 1 Amendment of Police Service Act 1990
[6] Section 203 Wearing or possession of police uniforms by others 1
Omit "10 penalty units". Insert instead "100 penalty units". 2
[7] Section 204 Impersonation of police officers 3
Omit "10 penalty units". Insert instead "100 penalty units". 4
[8] Sections 204A and 204B 5
Insert after section 204: 6
204A Use of word "police" in operating name 7
(1) A person or body of persons (whether incorporated or not) 8
must not carry on any activity under an operating name that 9
includes the word "police". 10
Maximum penalty: 100 penalty units. 11
(2) An offence under this section committed by an unincorporated 12
body of persons is taken to have been committed by each 13
person who has been a member of the body's governing body 14
at any time while the offence has been committed. 15
(3) This section does not prevent a person or body of persons from 16
doing anything in accordance with the terms of a consent in 17
force under section 204B. 18
(4) This section does not apply to: 19
(a) any body that has, among its primary objects, the object 20
of commenting on, objecting to or protesting against the 21
policies or practices of public authorities such as NSW 22
Police, or 23
(b) any other body or class of bodies that is declared by the 24
regulations to be a body or class of bodies to which this 25
section does not apply. 26
(5) In this section, operating name includes any name, style, title 27
or designation under which a person or body carries on an 28
activity, any name under which an association is incorporated 29
under the Associations Incorporation Act 1984 and any 30
business name registered under the Business Names Act 1962 31
in relation to a person, but does not include: 32
Page 4
Police Service Amendment (NSW Police) Bill 2002
Amendment of Police Service Act 1990 Schedule 1
(a) in the case of an individual, the individual's family 1
name, either alone or together with: 2
(i) one or more of the individual's given names, or 3
(ii) one or more of the initials of the individual's 4
given names, or 5
(iii) a combination of one or more of the individual's 6
given names and one or more of the initials of 7
the individual's remaining given names, or 8
(b) in the case of a corporation, the corporation's corporate 9
name, or 10
(c) in the case of an industrial organisation registered under 11
the Industrial Relations Act 1996, the name under 12
which the industrial organisation is registered, or 13
(d) in the case of any other statutory body, the name under 14
which the body is incorporated, constituted or 15
established. 16
204B Consents for the purposes of section 204A 17
(1) The Commissioner may grant consent to any person or body of 18
persons to carry on any activity under an operating name 19
(within the meaning of section 204A) that includes the word 20
"police", either unconditionally or subject to such conditions as 21
the Commissioner considers appropriate to impose on the 22
consent. 23
(2) A consent may be revoked by the Commissioner at any time. 24
(3) In deciding whether or not to grant or revoke a consent, the 25
Commissioner must have regard to such matters (if any) as are 26
prescribed by the regulations. 27
(4) Before revoking a consent, the Commissioner: 28
(a) must serve notice of the proposed revocation on the 29
person or body of persons having the benefit of the 30
consent, and 31
(b) must allow that person or body at least 14 days within 32
which to make submissions with respect to the proposed 33
revocation, and 34
(c) must have regard to any submissions that are duly made 35
with respect to the proposed revocation. 36
Page 5
Police Service Amendment (NSW Police) Bill 2002
Schedule 1 Amendment of Police Service Act 1990
(5) As soon as practicable after revoking a consent, the 1
Commissioner must cause notice of that fact to be given: 2
(a) to the person or body of persons concerned, and 3
(b) if the consent relates to: 4
(i) the name under which an association is 5
incorporated under the Associations 6
Incorporation Act 1984, or 7
(ii) a business name registered under the Business 8
Names Act 1962, 9
to the Director-General of the Department of Fair 10
Trading. 11
Note. Notification of the Director-General of Fair Trading will have the 12
following effect: 13
(a) In the case of the name under which an association is 14
incorporated under the Associations Incorporation Act 1984, it will 15
prompt the Director-General to exercise his or her powers under 16
that Act to direct the association to change its name. 17
(b) In the case of a business name registered under the Business 18
Names Act 1962, it will advise the Director-General that continued 19
use of the name is unlawful and will prompt the Director-General 20
to exercise his or her powers under that Act to refuse to re- 21
register, or to cancel, a currently registered business name. 22
(6) A consent that is revoked ceases to have effect: 23
(a) except as provided by paragraph (b): 24
(i) at the end of 28 days after notice of the 25
revocation is served on the person or body of 26
persons concerned, or 27
(ii) at such later time as may be specified in the 28
notice of revocation, or 29
(b) in the case of a consent that relates to the name under 30
which an association is incorporated under the 31
Associations Incorporation Act 1984: 32
(i) on the date on which the Director-General of 33
Fair Trading issues a certificate of incorporation 34
in respect of the association's new name under 35
section 14 (5) of that Act, or 36
(ii) on the date on which the Director-General of 37
Fair Trading cancels the association's 38
incorporation under section 54 (2A) of that Act, 39
as the case may be. 40
Page 6
Police Service Amendment (NSW Police) Bill 2002
Amendment of Police Service Act 1990 Schedule 1
[9] Section 205 Use of police designations by others 1
Omit "10 penalty units". Insert instead "100 penalty units". 2
[10] Section 216AA 3
Insert after section 216: 4
216AA Special risk benefit where student of policing hurt while 5
undergoing police education 6
(1) The Commissioner may pay an amount, calculated in 7
accordance with this section, to a student of policing who 8
suffers an injury: 9
(a) that the Commissioner determines to have been caused 10
while the student was undergoing a police education 11
course, and 12
(b) that, in the opinion of the Government Medical Officer, 13
renders the student totally and permanently 14
incapacitated for work. 15
(2) If: 16
(a) a student of policing dies, and 17
(b) the injury causing the death of the student is determined 18
by the Commissioner to have been caused while the 19
student was undergoing a police education course, 20
the Commissioner may pay an amount, calculated in 21
accordance with this section, to the student's spouse or (if the 22
student is not survived by a spouse or if the student is survived 23
by more than one spouse) to the student's personal 24
representative. 25
(3) The amount calculated in accordance with this section in 26
relation to a student of policing to whom subsection (1) or (2) 27
applies is the amount determined in accordance with the 28
formula: 29
A = 0.8 × S × CF 30
where: 31
A is the amount. 32
Page 7
Police Service Amendment (NSW Police) Bill 2002
Schedule 1 Amendment of Police Service Act 1990
S is the annual salary of a probationary constable as at the day 1
on which the student was injured while undergoing a police 2
education course. 3
CF is the capitalisation factor, prescribed for the purposes of 4
section 216, applicable to the student's sex, and the student's 5
age as at the day on which the student was injured while 6
undergoing a police education course. 7
(4) The Commissioner must not make a payment under this section 8
unless the student of policing concerned was, in the opinion of 9
the Commissioner, injured because the student was required to 10
be exposed to risks to which other tertiary students would 11
normally not be required to be exposed in the course of their 12
studies. 13
(5) A benefit under this section is payable by the Commissioner 14
out of money made available by Parliament for the purposes of 15
this section. 16
(6) In this section: 17
Government Medical Officer means the person holding office 18
as, or acting in, such position as is declared by the regulations 19
under the Public Sector Management Act 1988 to be the office 20
of the Government Medical Officer. 21
injury includes not only physical injury but also psychological 22
and psychiatric injury. 23
police education course means a course of education 24
determined by the Commissioner to be a police education 25
course for the purposes of this section. 26
student of policing means a person (other than a police officer) 27
who is undergoing a police education course. 28
spouse of a student of policing includes a person with whom 29
the student had a de facto relationship (within the meaning of 30
the Property (Relationships) Act 1984) at the time of his or her 31
death. 32
Page 8
Police Service Amendment (NSW Police) Bill 2002
Amendment of Police Service Act 1990 Schedule 1
[11] Section 216A Determination by Compensation Court 1
Omit section 216A (1) and (2). Insert instead: 2
(1) An application to the Compensation Court for a determination 3
in relation to a decision of the Commissioner under section 216 4
or 216AA may be made by: 5
(a) a police officer referred to in section 216 (1), or 6
(b) the spouse or personal representative of a police officer 7
referred to in section 216 (2), or 8
(c) a student of policing referred to in section 216AA (1), 9
or 10
(d) the spouse or personal representative of a student of 11
policing referred to in section 216AA (2), 12
within 6 months after the decision is notified in writing to the 13
police officer, student, spouse or personal representative. 14
(2) If within 6 months after: 15
(a) a police officer to whom section 216 applies retires, or 16
dies, or 17
(b) a student of policing to whom section 216AA applies 18
suffers an injury that renders the student totally and 19
permanently incapacitated for work, or dies, 20
the Commissioner fails or refuses to make a decision under the 21
relevant section in relation to the police officer or student, the 22
Commissioner is taken, for the purposes of this section, to have 23
made a decision under that section to refuse to pay any amount 24
in relation to the police officer or student. 25
[12] Section 216A (1) (as inserted by item [11]) 26
Omit "Compensation Court". Insert instead "District Court". 27
[13] Section 216A (5) 28
Insert "or 216AA" after "section 216". 29
Page 9
Police Service Amendment (NSW Police) Bill 2002
Schedule 1 Amendment of Police Service Act 1990
[14] Section 219 Regulations 1
Omit section 219 (2) (d). Insert instead: 2
(d) the educational or other qualifications or experience for 3
appointment, whether to NSW Police generally or to a 4
particular rank, grade or position within NSW Police, 5
where experience includes: 6
(i) experience within NSW Police, whether 7
experience generally or experience in relation to 8
a specified rank, grade or position, and 9
(ii) experience otherwise than within NSW Police, 10
as prescribed by the regulations, 11
[15] Schedule 4 Savings, transitional and other provisions 12
Insert at the end of clause 2 (1): 13
Police Service Amendment (NSW Police) Act 2002 14
[16] Schedule 4 15
Insert at the end of the Schedule, with appropriate Part and clause numbers: 16
Part Provisions consequent on enactment of 17
Police Service Amendment (NSW Police) 18
Act 2002 19
Construction of references to Police Service 20
Subject to the regulations, in any other Act or instrument: 21
(a) a reference to the Police Service of New South Wales 22
(however expressed) is to be construed as a reference to 23
NSW Police, and 24
(b) a reference to a member of the Police Service of New 25
South Wales (however expressed) is to be construed as 26
a reference to a member of NSW Police. 27
Page 10
Police Service Amendment (NSW Police) Bill 2002
Amendment of Police Service Act 1990 Schedule 1
Use of word "police" in operating name 1
(1) Any person or body of persons who, immediately before the 2
commencement of this clause, was lawfully carrying on an 3
activity under an operating name (within the meaning of section 4
204A) that includes the word "police" is taken, on that 5
commencement, to have been granted a consent under section 6
204B (1) to the carrying on of that activity under that name. 7
(2) The provisions of section 204B apply to a consent referred to 8
in subclause (1) in the same way as they apply to a consent 9
granted under section 204B (1). 10
Page 11
Police Service Amendment (NSW Police) Bill 2002
Schedule 2 Amendment of other Acts and instruments
Schedule 2 Amendment of other Acts and instruments 1
(Section 4) 2
2.1 Associations Incorporation Act 1984 No 143 3
[1] Section 14 Change of name 4
Insert after section 14 (1): 5
(1A) On receiving notice in relation to an association incorporated 6
under a name that includes the word "police" that consent to 7
the carrying on of activities under that name has been revoked 8
under section 204B of the Police Act 1990, the Director- 9
General may, by notice in writing given to the association, 10
direct the association to change its name to a new name that 11
does not include the word "police". 12
(1B) The notice given by the Director-General under subsection 13
(1A): 14
(a) must specify a date by which an application for approval 15
of a change of name must be made, and 16
(b) must state that the association's incorporation will be 17
cancelled if such an application is not made on or before 18
that date. 19
[2] Section 54 Cancellation of incorporation 20
Insert after section 54 (2): 21
(2A) The Director-General may, by notice published in the Gazette, 22
cancel the incorporation of an association that fails to apply for 23
approval to change its name in accordance with a direction 24
referred to in section 14 (1A). 25
[3] Section 54 (3) and (6) 26
Insert "or (2A)" after "subsection (2)" wherever occurring. 27
Page 12
Police Service Amendment (NSW Police) Bill 2002
Amendment of other Acts and instruments Schedule 2
2.2 Business Names Act 1962 No 11 1
Section 5C 2
Insert after section 5B: 3
5C Registration does not authorise contravention of other Acts and 4
laws 5
Registration of a business name under this Act does not 6
authorise a person to carry on business under that name if the 7
person is prohibited by some other Act or law from carrying on 8
business under that name. 9
2.3 Interpretation Act 1987 No 15 10
Section 21 Meaning of commonly used words and expressions 11
Omit the definitions of Police Force, police officer and Police Service from 12
section 21 (1). 13
Insert instead in alphabetical order: 14
NSW Police means NSW Police established by the Police 15
Act 1990. 16
Police Force means that part of NSW Police which is 17
comprised of police officers. 18
police officer means a member of NSW Police who is a police 19
officer within the meaning of the Police Act 1990. 20
2.4 Law Enforcement and National Security (Assumed Identities) 21
Act 1998 No 154 22
[1] Section 3 Definitions 23
Omit "the Police Service" wherever occurring in the definitions of 24
authorised agency and chief executive officer. 25
Insert instead "NSW Police". 26
Page 13
Police Service Amendment (NSW Police) Bill 2002
Schedule 2 Amendment of other Acts and instruments
[2] Section 16 Delegations 1
Omit "the Police Service" from section 16 (4). 2
Insert instead "NSW Police". 3
2.5 Law Enforcement and National Security (Assumed Identities) 4
Regulation 1999 5
[1] Clause 6 Delegations 6
Omit "the Police Service of New South Wales" from clause 6 (a). 7
Insert instead "NSW Police". 8
[2] Clause 6 (a) (ii) 9
Omit "Police Service Senior Executive Service". 10
Insert instead "NSW Police Senior Executive Service". 11
2.6 Law Enforcement (Controlled Operations) Act 1997 No 136 12
[1] Section 3 Definitions 13
Omit "the Police Service" wherever occurring in the definitions of chief 14
executive officer and law enforcement agency. 15
Insert instead "NSW Police". 16
[2] Section 29 Delegations 17
Omit "the Police Service" from section 29 (4). 18
Insert instead "NSW Police". 19
2.7 Law Enforcement (Controlled Operations) Regulation 1998 20
[1] Clause 13 Delegations: section 29 21
Omit "the Police Service of New South Wales" from clause 13 (a). 22
Insert instead "NSW Police". 23
Page 14
Police Service Amendment (NSW Police) Bill 2002
Amendment of other Acts and instruments Schedule 2
[2] Clause 13 (a) (ii) 1
Omit "Police Service Senior Executive Service". 2
Insert instead "NSW Police Senior Executive Service". 3
2.8 Ombudsman Act 1974 No 68 4
The whole Act 5
Omit "the Police Service Act 1990" wherever occurring. 6
Insert instead "the Police Act 1990". 7
2.9 Police Association Employees (Superannuation) Act 1969 No 33 8
Section 2 Definitions 9
Omit "the Police Service" from the definition of member of the police 10
force in section 2 (1). 11
Insert instead "NSW Police". 12
2.10 Police Integrity Commission Act 1996 No 28 13
The whole Act 14
Omit "the Police Service", "the Police Service of New South Wales" and 15
"the Police Service Act 1990" wherever occurring. 16
Insert instead "NSW Police", "NSW Police" and "the Police Act 1990", 17
respectively. 18
Page 15
Police Service Amendment (NSW Police) Bill 2002
Schedule 2 Amendment of other Acts and instruments
2.11 Police Powers (Internally Concealed Drugs) Act 2001 No 31 1
[1] Section 3 Definitions 2
Omit "the Police Service" from the definition of police station in 3
section 3 (1). 4
Insert instead "NSW Police". 5
[2] Section 39 Restrictions on publication 6
Omit "the Police Service" wherever occurring. 7
Insert instead "NSW Police". 8
2.12 Police Regulation (Superannuation) Act 1906 No 28 9
The whole Act 10
Omit "the Police Service", "the police service" and "the Police Service 11
Act 1990" wherever occurring. 12
Insert instead "NSW Police", "NSW Police" and "the Police Act 1990", 13
respectively. 14
2.13 Police Service Regulation 2000 15
[1] The whole Regulation 16
Omit "the Police Service", "Police Service" and "NSW Police Service" 17
wherever occurring (except where specifically referred to elsewhere in this 18
Schedule). 19
Insert instead "NSW Police". 20
[2] Clause 1 21
Omit the clause. Insert instead: 22
1 Name of Regulation 23
This Regulation is the Police Regulation 2000. 24
Page 16
Police Service Amendment (NSW Police) Bill 2002
Amendment of other Acts and instruments Schedule 2
[3] Clause 3 Definitions 1
Omit the definitions of Police Service and the Act. 2
Insert instead in alphabetical order: 3
NSW Police means NSW Police established by the Act. 4
the Act means the Police Act 1990. 5
[4] Clause 12 Certificate of discharge 6
Omit "Police Service Act 1990" from clause 12 (1) (c) (ii). 7
Insert instead "Police Act 1990". 8
[5] Clause 13 Appointment of constables on probation 9
Omit "any other Police Service" from clause 13 (2). 10
Insert instead "any other police service or police force". 11
[6] Clause 66 General 12
Omit "Police Service Act 1990 from clause 66 (1) (b). 13
Insert instead "Police Act 1990". 14
[7] Clause 107 15
Insert after clause 106: 16
107 Bodies authorised to carry on business under operating name 17
that includes "police": section 204A 18
The following bodies of persons are declared to be bodies to 19
which section 204A of the Act does not apply: 20
Justice & Police Museum 21
Police & Community Youth Clubs Pty Ltd 22
Police Legacy 23
Police Credit Union 24
Page 17
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