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LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 3

Interpretation

3 Interpretation

(1) In this Act:

"Aboriginal person" means a person who:
(a) is a member of the Aboriginal race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is accepted by the Aboriginal community as an Aboriginal person.

"apprehended violence order" has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007 .

"authorised officer" means:
(a) a Magistrate or a Children's Magistrate, or
(b) a registrar of the Local Court, or
(c) an employee of the Attorney General's Department authorised by the Attorney General as an authorised officer for the purposes of this Act either personally or as the holder of a specified office.

"body cavities" of a person do not include the person's mouth.

"Commissioner" means the Commissioner of Police.

"correctional centre" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"covert search warrant" means a search warrant issued under Division 2 of Part 5 that may be executed covertly.

"crime scene" means premises established as a crime scene under Part 7.

"crime scene power" means a power set out in section 95.

"crime scene warrant" means a warrant issued under section 94.

"criminal organisation search warrant" means a search warrant issued under Division 2 of Part 5 in relation to an organised crime offence.

"custody manager" means the police officer having from time to time the responsibility for the care, control and safety of a person detained at a police station or other place of detention.

"dangerous article" means:
(a) a firearm, a spare barrel for any such firearm, or any ammunition for any such firearm, or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998 , or
(c) a spear gun, or
(d) an article or device, not being such a firearm, capable of discharging by any means:
(i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or
(ii) any substance capable of causing bodily harm, or
(e) a fuse capable of use with an explosive or a detonator, or
(f) a detonator.

"dangerous implement" means:
(a) a dangerous article, or
(b) a knife (including a knife blade, razor blade or any other blade), or
(c) any other implement made or adapted for use for causing injury to a person, or
(d) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property, or
(e) a laser pointer,
but does not include anything that is of a class or description declared by the regulations to be excluded from this definition.

"drug offence" means the possession, control or supply by a person of any prohibited drug or prohibited plant in contravention of the Drug Misuse and Trafficking Act 1985 .

"dwelling" includes:
(a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, whether or not it has ever been so occupied, and
(b) a vessel or vehicle in or on which any person resides, and
(c) any building or other structure within the same curtilage as a dwelling and occupied with, or the use of which is ancillary to the occupation of, the dwelling.

"electronic metal detection device" means an electronic device that is capable of detecting the presence of metallic objects.

"exercise" a function includes perform a duty.

"face" means a person's face:
(a) from the top of the forehead to the bottom of the chin, and
(b) between (but not including) the ears.

"face covering" means an item of clothing, helmet, mask or any other thing that is worn by a person and prevents the person's face from being seen (whether wholly or partly).

"facsimile" means facsimile transmission, the internet or any other means of electronic transmission of information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.

"firearm" has the same meaning as it has in the Firearms Act 1996 , and includes an imitation firearm within the meaning of that Act.

"function" includes a power, authority or duty.

"identity" of a person means the name or residential address of the person (or both).

"indictable offence" means an offence for which proceedings may be taken on indictment, whether or not proceedings for the offence may also be taken otherwise than on an indictment.

"laser pointer" means a hand-held battery-operated device, designed or adapted to emit a laser beam, that may be used for the purposes of aiming, targeting or pointing.

"lawful custody" means lawful custody of the police.

"manufacture" has the same meaning as it has in the Drug Misuse and Trafficking Act 1985 .

"NSW Police Force" means the NSW Police Force established by the Police Act 1990 .

"occupier" of premises includes a person in charge of the premises.

"owner" of a vehicle means the responsible person for a vehicle within the meaning of the Road Transport Act 2013 , and includes:
(a) a person who is not such an owner but who usually has the care, control and custody of the vehicle, and
(b) any other person prescribed by the regulations for the purposes of this definition.

"parent" of a child means the person who has parental responsibility for the child.

"parental responsibility" , in relation to a child, means all the duties, powers, responsibilities and authorities which, by law, parents have in relation to their children.

"person of non-English speaking background" means a person who is born in a country outside Australia and whose first language is not English.

"police officer" means a member of the NSW Police Force holding a position that is designated under the Police Act 1990 as a position to be held by a police officer.

"premises" includes any building, structure, vehicle, vessel or aircraft and any place, whether built on or not.

"prohibited drug" has the same meaning as it has in the Drug Misuse and Trafficking Act 1985 .

"prohibited plant" has the same meaning as it has in the Drug Misuse and Trafficking Act 1985 .

"prohibited weapon" has the same meaning as it has in the Weapons Prohibition Act 1998 .

"property" has the same meaning as it has in the Crimes Act 1900 .

"public place" includes:
(a) a place (whether or not covered by water), or part of premises, that is open to the public or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, and
(b) a road or road related area,
but does not include a school.

"road" means a road within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

"road related area" means a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

"roadblock authorisation" means an authorisation given by a senior police officer under section 37.

"scene of crime officer" means a member of the NSW Police Force responsible for examining or maintaining crime scenes.

"school" means:
(a) a government school or registered non-government school within the meaning of the Education Act 1990 , or
(b) a school providing education (whether secular or religious) at a pre-school or infants school level or at a primary or secondary level, or
(c) a place used for the purposes of an establishment commonly known as a child-minding centre or for similar purposes, or
(d) the land, and any building, occupied by or in connection with the conduct of such a school or place,
and includes any part of such a school or place, but does not include any building that is occupied or used solely as a residence or solely for a purpose unconnected with the conduct of such a school or place.

"senior police officer" means:
(a) a Police Area Commander, or
(a1) a Police District Commander, or
(b) a Duty Officer for a police station, or
(c) any other police officer of the rank of Inspector or above.
Note : By virtue of the Interpretation Act 1987 (section 48 (2)) a person acting in an office referred to above may exercise the functions of a senior police officer under this Act.

"serious indictable offence" means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.

"strip search" means a search of a person or of articles in the possession of a person that may include:
(a) requiring the person to remove all of his or her clothes, and
(b) an examination of the person's body (but not of the person's body cavities) and of those clothes.

"supply" has the same meaning as it has in the Drug Misuse and Trafficking Act 1985 .

"telephone" includes radio, facsimile and any other communication device.

"Torres Strait Islander" means a person who:
(a) is a member of the Torres Strait Island race, and
(b) identifies as a Torres Strait Islander, and
(c) is accepted by the Torres Strait Island community as a Torres Strait Islander.

"transgender person" means a person (whether or not the person is a person whose sex is altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995 or under the corresponding provisions of a law of another Australian jurisdiction):
(a) who identifies as a member of the opposite sex, by living, or seeking to live, as a member of the opposite sex, or
(b) who has identified as a member of the opposite sex by living as a member of the opposite sex, or
(c) who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex,
and includes a reference to the person being thought of as a transgender person, whether the person is, or was, in fact a transgender person.

"vehicle" includes a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013 .

"vehicle roadblock powers" --see section 37.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act, a reference to a person who has been charged with an offence is a reference to a person:
(a) in respect of whom a charge sheet has been completed by a police officer where proceedings for an offence are to be commenced against the person, or
(b) against whom proceedings for an offence have been commenced.
(2A) In this Act, a reference:
(a) to a member of the opposite sex of a person means, if the person is a transgender person, a member of the opposite sex to the sex with which the transgender person identifies, and
(b) to a member of the same sex as a person means, if the person is a transgender person, a member of the same sex as the sex with which the transgender person identifies.
(3) Notes in the text of this Act do not form part of this Act.
Note : In a heading to a provision of this Act, a reference to the
"Cth Act" is a reference to the Crimes Act 1914 of the Commonwealth and a reference to the
"former LEPRA" is a reference to a provision of Part 5 as in force immediately before it was amended by the Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009 .



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