New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Summary Offences and Law
Enforcement Legislation Amendment
(Laser Pointers) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103 2
4 Amendment of Summary Offences Act 1988 No 25 2
5 Repeal of Act 2
Schedule 1 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 3
Schedule 2 Amendment of Summary Offences Act 1988 4
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Summary Offences and Law
Enforcement Legislation Amendment
(Laser Pointers) Bill 2008
Act No , 2008
An Act to amend the Summary Offences Act 1988 to make it an offence to possess or
use a laser pointer in a public place, to amend the Law Enforcement (Powers and
Responsibilities) Act 2002 to include a laser pointer as a dangerous implement within
the meaning of that Act; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Summary Offences and Law Enforcement Legislation Amendment (Laser
Clause 1 Pointers) Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Summary Offences and Law Enforcement Legislation
Amendment (Laser Pointers) Act 2008.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
No 103
The Law Enforcement (Powers and Responsibilities) Act 2002 is
amended as set out in Schedule 1.
4 Amendment of Summary Offences Act 1988 No 25
The Summary Offences Act 1988 is amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Summary Offences and Law Enforcement Legislation Amendment (Laser
Pointers) Bill 2008
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1
Schedule 1 Amendment of Law Enforcement
(Powers and Responsibilities) Act 2002
(Section 3)
[1] Section 3 Interpretation
Insert "or" after "property," in paragraph (d) of the definition of dangerous
implement in section 3 (1).
[2] Section 3 (1), definition of "dangerous implement"
Insert after paragraph (d):
(e) a laser pointer,
[3] Section 3 (1)
Insert in alphabetical order:
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.
[4] Sections 26 (1) and (3) and 87 (a)
Insert "(other than a laser pointer)" after "dangerous implement" wherever
occurring.
[5] Section 26 (1A)
Insert after section 26 (1):
(1A) A police officer may request a person who is in a public place to
submit to a frisk search if the police officer suspects on
reasonable grounds that the person has a laser pointer in his or her
custody.
[6] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Summary Offences and Law Enforcement Legislation
Amendment (Laser Pointers) Act 2008 (but only to the extent that
it amends this Act)
Page 3
Summary Offences and Law Enforcement Legislation Amendment (Laser
Pointers) Bill 2008
Schedule 2 Amendment of Summary Offences Act 1988
Schedule 2 Amendment of Summary Offences Act
1988
(Section 4)
[1] Part 2, Division 2, Subdivision 1, heading
Insert before section 11B:
Subdivision 1 Knives and offensive implements
[2] Part 2, Division 2, Subdivision 2
Insert after section 11F:
Subdivision 2 Laser pointers
11FA Custody or use of laser pointer in public place
(1) A person must not, without reasonable excuse (proof of which
lies on the person):
(a) have in his or her custody a laser pointer in a public place,
or
(b) use a laser pointer in a public place.
Maximum penalty: 50 penalty units or imprisonment for 2 years,
or both.
(2) Without limitation, it is a reasonable excuse for the purposes of
this section for a person:
(a) to have custody of, or use, a laser pointer if the custody or
use is reasonably necessary in all the circumstances for the
lawful pursuit of the person's occupation, education,
training or hobby, or
(b) to have custody of a laser pointer if the person has custody
during travel to or from or incidental to that occupation,
education, training or hobby.
(3) The regulations may provide that this section does not apply to or
in relation to any specified class or description of laser pointer.
Page 4
Summary Offences and Law Enforcement Legislation Amendment (Laser
Pointers) Bill 2008
Amendment of Summary Offences Act 1988 Schedule 2
(4) In this section:
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.
Page 5
[Index] [Search] [Download] [Related Items] [Help]