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LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002

- As at 9 May 2019
- Act 103 of 2002

TABLE OF PROVISIONS

           Long Title

   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

   11.     Identity may be required to be disclosed
   12.     Failure to disclose identity
   13.     False or misleading information about identity

           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

   14.     Power of police officer to require disclosure of driver or passenger identity
   15.     Failure of driver to disclose identity
   16.     Failure of passenger to disclose identity
   17.     Failure of owner to disclose identity
   18.     False or misleading information about identity

           Division 3 - Proof of identity

   19.     Power of police officer to request proof of identity

           Division 4 - Removal of face coverings for identification purposes

   19A.    Power of police officer to require removal of face coverings for identification purposes
   19B.    Failure to remove face covering
   19C.    Division does not limit other police powers

   PART 4 - SEARCH AND SEIZURE POWERS WITHOUT WARRANT
   Note

           Division 1 - General personal search and seizure powers

   20.     Relevant offences
   21.     Power to search persons and seize and detain things without warrant
   21A.    Ancillary power to search persons
   22.     Power to seize and detain dangerous articles on premises
   23.     Power to search persons for dangerous implements without warrant in public places and schools

           Division 2 - (Repealed)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

   29.     Application of Division
   30.     Searches generally
   31.     Strip searches
   32.     Preservation of privacy and dignity during search
   33.     Rules for conduct of strip searches
   34.     No strip searches of children under 10 years
   34A.    Searches carried out with consent

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

   35.     Relevant offences
   36.     Power to search vehicles and seize things without warrant
   36A.    Power to stop vehicles
   37.     Powers to stop vehicles and erect roadblocks
   38.     Power to give reasonable directions
   39.     Failure to comply with directions
   40.     Duration and form of roadblock authorisation
   41.     Record of roadblock authorisation

           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

   46.     Interpretation
   46AA.   Organised criminal activity
   46A.    Searchable offences
   46B.    Eligible Judges
   46C.    Authority to apply for covert search warrant
   46D.    Authority to apply for criminal organisation search warrant

           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

   59.     Application of Division
   60.     Application for warrant in person
   61.     Telephone warrant
   62.     Information in, and consideration of, application for warrant
   63.     False or misleading information in applications
   64.     Further application for warrant after refusal
   65.     Record of proceedings before eligible issuing officer
   66.     Form of warrant
   67.     Notice to occupier of premises entered pursuant to warrant
   67A.    Postponement of service of occupier's notice--covert search warrant
   67B.    Notice to adjoining occupiers of execution of covert search warrant
   68.     Announcement before entry
   69.     Duty to show warrant
   70.     Use of force etc to enter and search premises
   71.     Use of assistants to execute warrant
   72.     Execution of warrant by day or night
   73.     Expiry of warrant
   73A.    Extension of warrant
   74.     Report to eligible issuing officer on execution of warrant other than covert search warrant
   74A.    Report to eligible issuing officer on execution of covert search warrant
   75.     Death, absence of eligible issuing officer who issued warrant
   75A.    Operation of electronic and other equipment at premises and removal of things from premises for examination
   75B.    Access to and downloading of data from computers (including access to computers outside premises the subject of a warrant)
   76.     Defects in warrants

           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 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

   87A.    Definitions

           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

   87P.    Definitions
   87Q.    What is a public safety order

           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

   88.     Crime scene powers may be exercised if police officer lawfully on premises
   89.     Application of Part to premises
   90.     When crime scene may be established
   91.     Establishment of crime scene
   92.     Exercise of powers at crime scene
   93.     Notice to senior police officer where warrant not required
   94.     Crime scene warrants
   94A.    Application by occupier for review by a Magistrate of crime scene warrant
   95.     Crime scene powers
   95A.    Special arrangements for investigation of stolen vehicles
   96.     Obstruction or hindrance of person executing crime scene warrant
   97.     Search warrants not affected
   98.     Part does not confer additional entry powers

   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

   108A.   Definitions
   108B.   Police activities requiring use of ICV equipment
   108C.   Mandatory use of ICV equipment
   108D.   Person to be informed that conversation will be recorded
   108E.   (Repealed)
   108F.   Operation of Surveillance Devices Act 2007
   108G.   ICV recordings to be kept for 2 years
   108H.   Corrupt disclosure and use of ICV recordings

   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

   132.    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

   139.    Definitions
   140.    Issue of search warrant--suspected drug premises
   141.    Execution of search warrant
   142.    Search and arrest of persons pursuant to search warrant
   143.    Obstructing police officer executing search warrant
   144.    Application of other laws

           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 order required in certain circumstances
   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

   211.    Application of Division
   212.    Application for return of seized dangerous articles or confiscated dangerous implements
   213.    Appeals to Local Court against refusals to return seized or confiscated dangerous articles or dangerous implements
   214.    Forfeiture of seized dangerous articles and confiscated dangerous 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

   230.    Use of force generally by police officers
   231.    Use of force in making an arrest

   PART 19 - MISCELLANEOUS

   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
   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
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)
           SCHEDULE 5


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