Jump to content

  • Log in with Facebook Log in with Twitter Log In with Google Sign In »
  • Register Now!
Grass Outdoors Shade Purple Orange Blueberry Watermelon Apple Banana Strawberry Chocolate
WARNING/DISCLAIMER The OZ Stoners cannabis community contains information regarding cannabis & other drugs; it is designed for mature (18+) audiences only. This site in no way condones the use of cannabis by minors. The content here within this cannabis community is for educational & entertainment purposes only. Any buying/selling or trading of illegal cannabis seeds, clones, flowers, resin or oil is strictly prohibited within this cannabis community. - Login to remove this message
Glandore Hydroponic Nutrients, Lights and Equipment
Drug Detox Kits, Toxin Detox Kits, Drug Testing Kits and Medical Condition masking products

Photo

NSW - LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002


  • This topic is locked This topic is locked
No replies to this topic

#1
MongyMan

MongyMan

    Cannabis Research Breeder

  • Moderator Crew
  • 3106 Posts:
  • Gender:Male
  • Interests:Cannabis Genetics and Breeding
  • Location:My Island
  • Cannabis Use:Medicinal
  • Fav. Type:Raw (i.e. Heads), Hashish, Oil Concentrates
  • Fav. Heads:100% Organic
  • Fav. Lighting: HID and the Sun

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 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 power to require identity to be disclosed

11. Identity may be required to be disclosed
12. Failure of person to disclose identity on request
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 request
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 request 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

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

Division 2 - Searches of persons on arrest or while in custody

23. Power to carry out search on arrest
23A. Ancillary power to search persons
24. Power to carry out search of person in custody

Division 3 - Additional personal search and seizure powers in public places and schools

25. Definitions
26. Power to search for knives and other dangerous implements
27. Failure to comply with requests relating to search and dangerous implements
28. Power to confiscate knives or other dangerous implements

Division 4 - Provisions relating generally to personal searches

29. Application of Division
30. Frisk searches and ordinary searches
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

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

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. Entry by warrant where entry denied
84. Obstruction or hindrance of person executing warrant
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 Ombudsman on exercise of powers and monitoring by Ombudsman
87P. (Repealed)

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
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. Recording not authorised after arrest
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
113. Effect of Part on other powers and duties

Division 2 - Investigation and questioning powers

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 in custody for questioning

122. Custody manager to caution, and give summary of Part to, detained person
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

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

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 - POWERS RELATING TO VEHICLES AND TRAFFIC
Note

Division 1 - Regulation of traffic

185. Police may give reasonable directions for traffic regulation
186. Police may temporarily close road or road related area to traffic

Division 2 - Other police powers relating to vehicles

187. Use of tyre deflation devices
188. Power of entry for tracing stolen motor vehicles or trailers or their parts

Division 3 - Powers to prevent intoxicated drivers from driving

189. Power to prevent driving by persons who are under the influence of alcohol or other drugs
189A. Power to prevent persons who are under the influence of alcohol or other drugs supervising learner drivers
189B. Power to prevent driving by persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample
189C. Power to prevent persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample supervising learner drivers
190. Detention of keys or vehicles may be continued
191. Offence to contravene prohibition or requirement
192. Expenses incurred in connection with Division

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. Directions relating to dispersal of groups of 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

PART 15 - SAFEGUARDS RELATING TO POWERS
Note

201. Supplying police officer’s details and giving warnings
202, 203. (Repealed)
204. Detention period for search limited

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 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 Ombudsman
242A. Annual reports to be given to Attorney General and Minister for Police
243. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 4 (Repealed)
<a href="http://www.austlii.e....html">SCHEDULE 5



  • 1

gallery_7617_565_5131.jpg

 

"Cannabis Prohibition Laws Cultivate Organised Crime"


"Don't let fear hold you back, Stand up for your beliefs if you believe Cannabis improves your health." Daryl D

 

I Support

Cannabis Compassion Australia

 

Putting Patients Before Profit


Cannabis was called Cannabis when Australia was founded. Marijuana was a mexican word unknown in Australia until American Reefer Madness arrived.

 

gallery_7617_360_6824.jpg


Say thanks with some bits:  1Ed71abMUAJ3q3XBQzYzSzJRydR58kKeT1



Australian Advanced Nutrients
WARNING/DISCLAIMER The OZ Stoners cannabis community contains information regarding cannabis & other drugs; it is designed for mature (18+) audiences only. This site in no way condones the use of cannabis by minors. The content here within this cannabis community is for educational & entertainment purposes only. Any buying/selling or trading of illegal cannabis seeds, clones, flowers, resin or oil is strictly prohibited within this cannabis community.