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CLAUSE NOTES
Police Legislation (Miscellaneous Amendments) Bill 2016
Background:
The Bill introduces legislation to enhance several existing provisions within the Police Offences Act
1935 and the Police Service Act 2003.
PART 1 – PRELIMINARY
Clause 1: Short title
Specifies the name of the proposed Act.
Clause 2: Commencement
Specifies that the Act commences on the day it receives the Royal Assent.
PART 2 – POLICE OFFENCES ACT 1935 AMENDED
Clause 3: Principal Act
Specifies that in this Part, the Police Offences Act 1935 is referred to as the Principal
Act.
Clause 4: Section 3 amended (Interpretation)
Section 3 of the Act is amended by adding a knife to the items listed in the
definition of dangerous article.
Clause 5: Section 15C amended (Dangerous articles)
This clause amends subsection 15C(1) by inserting ‘(proof of which lies on the
person)’ after ‘excuse’. This clarifies that it is up to an individual possessing, carrying
or using a dangerous article (now also including a knife) in a public place to prove
the lawfulness of their possession, carriage or use. Where they do so, they are not
subject to the offence provisions.
The clause also amends subsection 15C(4) by adding ‘religious observance’ to the
listed lawful excuses. This clarifies that an individual possessing, carrying or using a
dangerous article in a public place, as part of their religious observance, does not
commit an offence. This provision is being added to clarify that the carriage of
Kirpans by practicing Sikhs is lawful, but provides a similar exemption for any
genuine religious observance by any religion.
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Clause 6: Section 61 amended (Infringement notices)
This clause amends subsection 61(1) by inserting ‘section 26(1) or (2),’ after ‘(3),’.
The effect of this is to allow infringement notices to be issued for the offences of
supplying liquor to a youth at a private place (unless authorised) and supplying
liquor inconsistent with the responsible supervision of the youth.
It had previously been possible for police to issue infringement notices for these
offences. However, amendments to the Police Offences Act 1935 in late 2014, that
expanded the range of offences under the Act for which infringement notices could
be issued, inadvertently left out these two offences. This amendment corrects that
error, although subsequent amendment to the Police Offences Regulations 2014 will
also be required.
PART 2 – POLICE SERVICE ACT 2003 AMENDED
Clause 7: Principal Act
Specifies that in this Part, the Police Service Act 2003 is referred to as the Principal
Act.
Clause 8: Section 3 amended (Interpretation)
This clause deletes the definition of qualified person from the interpretation
provisions in section 3. This definition applied to persons qualified to take blood
samples from police officers for the purpose of occupational drug and alcohol
testing. Clause 9 reintroduces the definition into section 50 of the Act to
consolidate the occupational drug and alcohol testing provisions.
Clause 9: Section 50 amended (Testing for alcohol and drugs)
This clause amends section 50 of the Act to provide for the use of a screening test
in occupational drug testing, prior to collection of samples of saliva, urine or blood,
for testing for the presence of any drug, and removes the requirement in subsection
50(6) that samples of saliva, urine or blood be divided into three parts. In addition,
the clause makes several amendments to the wording and structure of section 50
to simplify and improve the clarity of the occupational drug and alcohol testing
provisions.
Subsection 50(1) is replaced with a new subsection that separates out definitions
that were previously included within the body of the text of section 50, and
consolidates these with the definition of qualified person that was previously
contained in section 3.
The previous subsections (1) and (2) are now consolidated within a new subsection
(2), providing for both random testing of on duty police officers, and testing of
police officers involved in serious incidents. A new subsection (2A) clarifies that no
suspicion of drug or alcohol use is required prior to testing being undertaken, and
the new subsection (2B) clarifies that multiple samples may be collected. This allows
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for a sample or samples to be taken for the purposes of a screening test, and for
additional samples to be taken for laboratory testing, if required.
PART 4 – REPEAL OF ACT
Clause 10: Repeal of Act
This clause provides that the Police Legislation (Miscellaneous Amendments) Act 2016
is repealed on the three hundred and sixty fifth day from the day on which it
commences.
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