LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002

New South Wales Consolidated Acts

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- As at 24 October 2024
- 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Division 2 - (Repealed)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
60A. Applications for warrants by email
61. Telephone warrant
61A. Application for notice to produce documents
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 4A - Digital evidence access orders

Subdivision 1 - Preliminary

76AA. Definitions

Subdivision 2 - Applications for digital evidence access orders

76AB. General matters for applications for digital evidence access orders
76AC. Applications for digital evidence access orders in person
76AD. Applications for digital evidence access orders by email or other electronic means
76AE. Applications for digital evidence access orders by telephone
76AF. Information in applications for digital evidence access orders
76AG. False or misleading information in applications
76AH. Further application for digital evidence access order after refusal

Subdivision 3 - Determining applications for digital evidence access orders

76AI. Matters to be considered in determining reasonable grounds for digital evidence orders
76AJ. Decisions about applications for digital evidence access orders

Subdivision 4 - Issue of digital evidence access orders

76AK. Form of digital evidence access orders
76AL. Term of digital evidence access order
76AM. Effect of digital evidence access order
76AN. Duty to show digital evidence access order
76AO. Failure to comply with digital evidence access order

Subdivision 5 - Miscellaneous

76AP. Record of proceedings before eligible issuing officer
76AQ. Defects in digital evidence access orders

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

80A. Definitions

Division 2 - Applications for DECCD access orders

80B. General matters for applications for DECCD access orders
80C. Applications for DECCD access orders in person
80D. Applications for DECCD access orders by email or other electronic means
80E. Applications for DECCD access orders by telephone
80F. Information in applications for DECCD access orders
80G. False or misleading information in applications
80H. Further application for DECCD access order after refusal

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

80K. Form of DECCD access orders
80L. Term of DECCD access order
80M. Effect of DECCD access order
80N. Duty to show DECCD access order
80O. Failure to comply with DECCD access order

Division 5 - Miscellaneous

80P. Record of proceedings before Magistrate
80Q. Defects in DECCD access orders
80R. Imposition of functions on Magistrate not a conferral of jurisdiction
80S. Review of Part

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 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

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

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

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