Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Passenger Transport Act 2014 No 46 (not commenced)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.58 (not commenced)
Crimes Amendment (Animal Sexual Abuse) Act 2025 No 67 (not commenced)
Crimes Legislation Amendment (Racial and Religious Hatred Legislation Repeal) Bill 2025 [Non-government Bill— the Hon John Ruddick, MLC]
Surveillance Devices and Other Legislation Amendment Bill 2025
Summary Offences and Other Legislation Amendment (Public Assemblies) Bill 2025 [Non-government Bill— Mr A A Henskens, MP]
Law Enforcement (Powers and Responsibilities) Amendment (Places of Worship) Bill 2025
On 16 October 2025, the Supreme Court of New South Wales in Lees v State of New South Wales[2025] NSWSC 1209 declared that section 200(5) is invalid.
An Act to consolidate and restate the law relating to police and other law enforcement officers’ powers and responsibilities; to set out the safeguards applicable in respect of persons being investigated for offences; to repeal certain Acts and to consequentially amend other Acts; and for other purposes.
This Act is the Law Enforcement (Powers and Responsibilities) Act 2002.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(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.
(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.
(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.
(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.
(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.
(a) from the top of the forehead to the bottom of the chin, and
(b) between (but not including) the ears.
(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.
(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.
(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.
(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.
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.
(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.
(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.
(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.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
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.
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.
Notes in the text of this Act do not form part of this Act.
In a heading to a provision of this Act, a reference to the
Unless this Act otherwise provides expressly or by implication, this Act does not limit—
(a) the functions, obligations and liabilities that a police officer has as a constable at common law, or
(b) the functions that a police officer may lawfully exercise, whether under an Act or any other law as an individual (otherwise than as a police officer) including, for example, powers for protecting property.
Without limiting subsection (1) and subject to section 9, nothing in this Act affects the powers conferred by the common law on police officers to deal with breaches of the peace.
This Act does not limit the functions that a police officer has under an Act or regulation specified in Schedule 1.
The regulations may amend Schedule 1 by adding the name of an Act or a regulation to the Schedule.
However, a police officer may exercise a function under this Act for the purpose of giving effect to an Act or regulation referred to in subsection (1).
This section applies to a provision of another Act or regulation that confers functions on a police officer or other person (other than a provision of an Act or regulation referred to in section 5(1)).
To the extent of any inconsistency, this Act prevails over an Act or regulation to which this section applies.
A provision of an Act enacted after the commencement of this section is not to be interpreted as amending or repealing, or otherwise altering the effect or operation of, a provision of this Act.
Subsection (3) does not affect the interpretation of a provision of an Act so far as that Act directly amends or repeals a provision of this Act or expressly provides for that Act to have effect despite a specified provision, or despite any provision, of this Act.
Nothing in any Part of this Act limits any functions, or prevents a police officer from exercising any functions, that the police officer has under any other Part of this Act.
The general functions of police officers and other members of the NSW Police Force, and matters relating to police discipline, are dealt with in the Police Act 1990. For other Acts containing significant police and law enforcement powers, see Schedule 1.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Safeguards containing requirements relating to the exercise of powers under this Part are set out in Part 15.
A police officer may enter premises if the police officer believes on reasonable grounds that—
(a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or
(b) a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person, or
(c) the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.
Before entering premises under subsection (1)(c), the police officer must obtain approval to do so (orally or in writing) from a police officer of or above the rank of Inspector.
A police officer who enters premises under this section is to remain on the premises only as long as is reasonably necessary in the circumstances.
A police officer may enter and stay for a reasonable time on premises to arrest a person, or detain a person under an Act, or arrest a person named in a warrant.
However, the police officer may enter a dwelling to arrest or detain a person only if the police officer believes on reasonable grounds that the person to be arrested or detained is in the dwelling.
A police officer who enters premises under this section may search the premises for the person.
This section does not authorise a police officer to enter premises to detain a person under an Act if the police officer has not complied with any requirements imposed on the police officer under that Act for entry to premises for that purpose.
In this section—
(cf Crimes Act 1900, s 563)
A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the place where the alleged indictable offence occurred, whether before, when, or soon after it occurred.
A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
Safeguards relating to the exercise of power under this section are set out in Part 15.
(cf Crimes Act 1900, s 563)
A person who is required by a police officer in accordance with section 11 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty—2 penalty units.
(cf Crimes Act 1900, s 563)
A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with this Division—
(a) give a name that is false in a material particular, or
(b) give an address other than the person’s full and correct address.
Maximum penalty—2 penalty units.
A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that an apprehended violence order has been made against the person.
A person who is required by a police officer in accordance with this Division to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty—2 penalty units.
A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with this Division—
(a) give a name that is false in a material particular, or
(b) give an address other than the person’s full and correct address.
Maximum penalty—2 penalty units.
(cf Police Powers (Vehicles) Act 1998, s 6)
A police officer who suspects on reasonable grounds that a vehicle is being, or was, or may have been used in or in connection with an indictable offence may do any one or more of the following—
(a) require the driver of the vehicle to disclose his or her identity and the identity of any driver of, or passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle,
(b) require any passenger in or on the vehicle to disclose his or her identity and the identity of the driver of, or any other passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle,
(c) require any owner of the vehicle (who was or was not the driver or a passenger) to disclose the identity of the driver of, and any passenger in or on, the vehicle at or about the time the vehicle was or may have been so used or at or about the time the vehicle last stopped before the requirement was made or a direction was given to stop the vehicle.
Safeguards relating to the exercise of power under this section are set out in Part 15.
Nothing in this section limits the operation of section 11.
(cf Police Powers (Vehicles) Act 1998, s 7)
The driver of a vehicle who is required by a police officer in accordance with section 14 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
The driver of a vehicle who is required by a police officer in accordance with section 14 to disclose the identity of any driver of, or passenger in or on, the vehicle must (unless the driver has a reasonable excuse for not doing so)—
(a) disclose the identity of the driver or passenger, or
(b) if the driver does not know the full and correct identity of the driver or passenger—disclose such information about the driver’s or passenger’s identity (such as any alias used by the person or the general location of his or her residential address) as is known to the driver.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
Safeguards relating to the exercise of power under section 14 are set out in Part 15.
(cf Police Powers (Vehicles) Act 1998, s 7A)
A passenger in or on a vehicle who is required by a police officer in accordance with section 14 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
A passenger in or on a vehicle who is required by a police officer in accordance with section 14 to disclose the identity of the driver of, or any other passenger in or on, the vehicle must (unless the passenger has a reasonable excuse for not doing so)—
(a) disclose the full and correct identity of the driver or other passenger, or
(b) if the passenger does not know the full and correct identity of the driver or other passenger—disclose such information about the driver’s or other passenger’s identity (such as any alias used by the person or the general location of his or her residential address) as is known to the passenger.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
Safeguards relating to the exercise of power under section 14 are set out in Part 15.
(cf Police Powers (Vehicles) Act 1998, s 8)
An owner of a vehicle who is required in accordance with section 14 by a police officer to disclose the identity of the driver of, or a passenger in or on, the vehicle must (unless the owner has a reasonable excuse for not doing so)—
(a) disclose the identity of any person the owner knows or has reason to suspect was the driver or a passenger, or
(b) if the owner does not know the full and correct identity of the person—disclose such information about the person’s identity (such as any alias used by the person or the general location of his or her residential address) as is known to the owner.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
Subsection (1) extends to an owner of a vehicle who was the driver of, or a passenger in or on, the vehicle.
Without limitation, for the purposes of this section, an owner has reason to suspect a person was the driver of, or a passenger in or on, a vehicle if the owner has reason to suspect that a person had access to the vehicle.
Safeguards relating to the exercise of power under section 14 are set out in Part 15.
(cf Police Powers (Vehicles) Act 1998, s 9)
A person must not, without reasonable excuse, in response to a requirement made by a police officer in accordance with section 14—
(a) give a name that is false in a material particular, or
(b) give an address other than the person’s full and correct address or the full and correct address of the driver’s or passenger’s residence known to the person (as may be required).
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
(cf Crimes Act 1900, s 563)
A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity.
A police officer may require a person to remove any face covering worn by the person so as to enable the officer or another police officer to see the person’s face if—
(a) the person has been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to provide photographic identification, or
(b) the person has otherwise been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to identify himself or herself or provide other identification particulars.
Safeguards relating to the exercise of power under this section are set out in Part 15 and subsection (3).
A requirement may be made of a person under this section based on a lawful requirement of a kind referred to in subsection (1)(a) or (b) whether or not the person has complied with that lawful requirement.
A police officer who requires a person to remove a face covering under this section must, as far as is reasonably practicable, ensure that the following procedures are followed—
(a) the police officer must ask for the person’s co-operation,
(b) the viewing of the person’s face must be conducted—
(i) in a way that provides reasonable privacy for the person if the person requests privacy, and
(ii) as quickly as is reasonably practicable.
It is sufficient compliance with a requirement made under this section if only so much of the face covering as prevents the person’s face from being seen is removed.
The removal of a face covering in compliance with a requirement made under this section, or the viewing of a person’s face following any such removal, does not constitute the carrying out of a search of a person for the purposes of this Act.
In this section—
(a) an applicable driver licence (within the meaning of Part 5.1 of the Road Transport Act 2013) bearing a photograph of its holder,
(b) a Photo Card (within the meaning of the Photo Card Act 2005) or any other kind of photo identity card (wherever issued),
(c) a passport (wherever issued),
(d) any other licence, permit or authority bearing a photograph of its holder (wherever issued),
(e) any other identification with a photograph that is identification of a kind prescribed by the regulations.
A person who is required by a police officer in accordance with section 19A to remove a face covering must not, without special justification, fail or refuse to comply with the requirement.
Maximum penalty—
(a) in the case of a person who is required to remove a face covering following a requirement under section 14—50 penalty units or 12 months imprisonment, or both, or
(b) in any other case—2 penalty units.
A person has a
(a) the person has a legitimate medical reason for not removing the face covering, or
(b) the person has any other excuse for not removing the face covering that is an excuse of a kind prescribed by the regulations.
The onus of proof of a special justification lies on the person claiming to have the special justification.
The provisions of this Division do not limit any power that a police officer may have (apart from this Division) to require a person to remove a face covering.
Safeguards relating to the exercise of powers under this Part are set out in Part 15.
The following offences are
(a) indictable offences,
(b) an offence against section 93FB of the Crimes Act 1900,
(c) an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts,
(d) an offence against a provision of Part 2 of the Explosives Act 2003.
(cf Crimes Act 1900, ss 357, 357E, Drug Misuse and Trafficking Act 1985, s 37)
A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—
(a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
(b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
(c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
(d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.
A police officer may seize and detain—
(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
(b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
(c) any dangerous article, and
(d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,
found as a result of a search under this section.
In conducting a search of a person under section 21, a police officer may, if the police officer suspects on reasonable grounds that a thing referred to in section 21(1)(a), (b), (c) or (d) is concealed in the person’s mouth or hair, require the person—
(a) to open his or her mouth to enable it to be searched, or
(b) to shake, or otherwise move, his or her hair.
Subsection (1) does not authorise a police officer to forcibly open a person’s mouth.
A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer in accordance with this section.
Maximum penalty—5 penalty units.
(cf Crimes Act 1900, s 357)
A police officer who is lawfully on any premises may seize and detain any dangerous article that the police officer finds on the premises, if the police officer suspects on reasonable grounds that the dangerous article is being or was used in or in connection with the commission of a relevant offence.
Premises include vessels, vehicles, aircraft and other places.
A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.
To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.
For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control.
In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.
A police officer may seize and detain anything found as a result of a search under this section that the police officer has reasonable grounds to suspect is a dangerous implement that is unlawfully in the person’s possession or under the person’s control.
For the purposes of this section—
(a) locker includes any facility for the storage of a student’s personal effects, and(b) anything inside a person’s locker is taken to be under the control of the person.
(Repealed)
(cf Cth Act, s 3ZE, common law)
A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything—
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody, or
(c) that is a thing with respect to which an offence has been committed, or
(d) that is a thing that will provide evidence of the commission of an offence, or
(e) that was used, or is intended to be used, in or in connection with the commission of an offence.
A police officer who arrests a person for the purpose of taking the person into lawful custody, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything—
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody.
A police officer may seize and detain a thing found in a search if it is a thing of a kind referred to in subsection (1) or (2).
Nothing in this section limits section 28A.
In conducting a search of a person under section 27, a police officer may, if the police officer suspects on reasonable grounds that a thing of a kind referred to in section 27(1) or (2) is concealed in the person’s mouth or hair, require the person—
(a) to open his or her mouth to enable it to be searched, or
(b) to shake, or otherwise move, his or her hair.
Subsection (1) does not authorise a police officer to forcibly open a person’s mouth.
A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer in accordance with this section.
Maximum penalty—5 penalty units.
(cf Cth Act, s 3ZH, common law)
A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.
Any such search may be carried out at a police station or other place of detention or immediately before or during transportation of the person to or from a police station or other place of detention.
This Division applies to any search of a person carried out by a police officer under this Act, except as otherwise provided by this Act or the regulations.
This Division also applies to any search of a person that is carried out by a police officer after obtaining the person’s consent to carry out the search. In that case—
(a) the purpose of the search is the purpose for which the police officer obtained consent to search, and
(b) a general consent to the carrying out of a search is not consent to carry out a strip search unless the person consents to the carrying out of a strip search.
In conducting the search of a person, a police officer may—
(a) quickly run his or her hands over the person’s outer clothing, and
(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and
(c) examine anything in the possession of the person, and
(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and
(e) do any other thing authorised by this Act for the purposes of the search.
A police officer may carry out a strip search of a person if—
(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is carried out in any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.
A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section.
The police officer must inform the person to be searched of the following matters—
(a) whether the person will be required to remove clothing during the search,
(b) why it is necessary to remove the clothing.
The police officer must ask for the person’s co-operation.
The police officer must conduct the search—
(a) in a way that provides reasonable privacy for the person searched, and
(b) as quickly as is reasonably practicable.
The police officer must conduct the least invasive kind of search practicable in the circumstances.
The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.
A search must be conducted by a police officer of the same sex as the person searched.
However, if a police officer of the same sex as the person who is to be searched is not immediately available, a police officer may delegate the power to conduct the search to another person who is—
(a) of the same sex as the person to be searched, and
(b) a person or of a class of persons—
(i) prescribed by the regulations for the purposes of this subsection, or
(ii) that, in the opinion of the Commissioner, has appropriate training, qualifications or experience in conducting personal searches.
The search by that other person is to be conducted under the direction of the police officer and in accordance with provisions of this Act applying to searches conducted by police officers.
A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out.
Subsection (8) does not prevent the asking of questions that only relate to issues of personal safety associated with the search.
A person must be allowed to dress as soon as a search is finished.
If clothing is seized because of the search, the police officer must ensure the person searched is left with or given reasonably appropriate clothing.
In this section—
(cf Cth Act, s 3ZI)
A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present. Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.
A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
(a) in the presence of a parent or guardian of the person being searched, or
(b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person.
Subsection (3) does not apply if a police officer suspects on reasonable grounds that—
(a) delaying the search is likely to result in evidence being concealed or destroyed, or
(b) an immediate search is necessary to protect the safety of a person.
In such a case, the police officer must make a record of the reasons for not conducting the search in the presence of a parent or guardian, or other person capable of representing the interests, of the person being searched.
A strip search must not involve a search of a person’s body cavities or an examination of the body by touch.
A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present.
This section is in addition to the other requirements of this Act relating to searches.
In this section—
(a) total or partial loss of a person’s mental functions, or
(b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction, or
(c) a disorder, illness or disease that affects a person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.
Procedures for searches of a more invasive nature are dealt with under the Crimes (Forensic Procedures) Act 2000.
A strip search must not be conducted on a person who is under the age of 10 years.
A police officer may search a person with the person’s consent but only if the police officer has sought the person’s consent before carrying out the search.
A police officer must, before carrying out any such consensual search, provide the person with—
(a) evidence that the police officer is a police officer (unless the police officer is in uniform), and
(b) the name of the police officer and his or her place of duty.
The following offences are
(a) indictable offences,
(b) an offence against section 93FB of the Crimes Act 1900,
(c) an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts.
(cf Crimes Act 1900, ss 357, 357E, Police Powers (Vehicles) Act 1998, s 10, Drug Misuse and Trafficking Act 1985, s 37)
A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists—
(a) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained,
(b) the vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
(c) the vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence,
(d) the vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
(e) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985,
(f) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.
A police officer may, without a warrant, stop, search and detain a class of vehicles on a road, road related area or other public place or school if the police officer suspects on reasonable grounds that any of the following circumstances exist—
(a) a vehicle of the specified class of vehicles is being, or was, or may have been, used in or in connection with the commission of an indictable offence and the exercise of the powers may provide evidence of the commission of the offence,
(b) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.
A police officer may seize and detain—
(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
(b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
(c) any dangerous article, and
(d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,
found as a result of a search under this section.
A police officer may stop a vehicle if the police officer suspects on reasonable grounds that the driver of, or a passenger in or on, the vehicle is a person in respect of whom the police officer has grounds to exercise a power of arrest or detention or a search power under this Act or any other law.
(cf Police Powers (Vehicles) Act 1998, s 10)
For the purposes of this Act, the following are
(a) the power to establish a roadblock (consisting of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles) on any specified road, road related area or other public place or school,
(b) the power to stop vehicles at a roadblock.
A senior police officer may authorise another police officer to exercise any or all of the vehicle roadblock powers in respect of any specified vehicle (or class of vehicles) on a road, road related area or other public place or school if the senior police officer suspects on reasonable grounds that—
(a) the vehicle (or a vehicle of the specified class of vehicles) is being, or was, or may have been, used in or in connection with the commission of an indictable offence and the exercise of the powers may provide evidence of the commission of the offence, or
(b) circumstances exist on or in the vicinity of that road, road related area, place or school that are likely to give rise to a serious risk to public safety and the exercise of the powers may lessen the risk.
A police officer may exercise vehicle roadblock powers without obtaining an authorisation by a senior police officer if the police officer suspects on reasonable grounds that it is necessary to exercise the powers and that the seriousness and urgency of the circumstances require the powers to be exercised without obtaining the authorisation.
A police officer who acts under subsection (3) must notify a senior police officer as soon as practicable and obtain an authorisation for any ongoing action.
(cf Police Powers (Vehicles) Act 1998, s 10)
A police officer who exercises a stop, search or detention power under this Division, or who is authorised to exercise a vehicle roadblock power under this Division, has the power to give reasonable directions (to facilitate the exercise of the power) to any person—
(a) in or on the vehicle concerned, or
(b) on or in the vicinity of a road, road related area or other public place or school.
(cf Police Powers (Vehicles) Act 1998, s 10)
A person must not, without reasonable excuse—
(a) fail or refuse to stop a vehicle the person is driving when directed to do so by a police officer under this Division, or
(b) fail or refuse to comply with any other direction given by a police officer under this Division.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
(cf Police Powers (Vehicles) Act 1998, s 11)
A roadblock authorisation may be given either verbally (including by telephone, radio or other communication device) or in writing (including facsimile).
A roadblock authorisation has effect for a period of 6 hours (or such lesser period as may be specified by the senior police officer giving the authorisation).
Nothing in this section prevents a senior police officer from giving a further roadblock authorisation in respect of the same vehicle (or class of vehicles) on a road, road related area or other public place or school.
(cf Police Powers (Vehicles) Act 1998, s 12)
A senior police officer who gives a roadblock authorisation must—
(a) if the authorisation is in writing—specify the following—
(i) the date on, and time at, which the authorisation is given,
(ii) the vehicle roadblock powers conferred by the authorisation and the indictable offence or risk to public safety in respect of which the authorisation is given,
(iii) the road, road related area or other public place or school in respect of which the authorisation is given,
(iv) the vehicle (or class of vehicles) in respect of which the authorisation is given,
(v) the period of the authorisation if the period is less than 6 hours, or
(b) if the authorisation is given verbally—make a record as soon as is reasonably practicable after the giving of the authorisation of the matters referred to in paragraph (a).
A failure to comply with subsection (1) does not invalidate a roadblock authorisation.
(cf Crimes Act 1900, ss 357, 357D, 357E)
A police officer may, without a warrant, stop, search and detain a vessel or an aircraft if the police officer suspects on reasonable grounds that any of the following circumstances exists—
(a) the vessel or aircraft contains, or a person in the vessel or aircraft has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained,
(b) the vessel or aircraft is being or was used in or in connection with the commission of a relevant offence,
(c) the vessel or aircraft contains anything used or intended to be used in or in connection with the commission of a relevant offence,
(d) the vessel or aircraft is in a public place and contains a dangerous article that is being or was used in or in connection with the commission of a relevant offence.
A police officer may seize and detain—
(a) all or part of a thing that the police officer suspects on reasonable grounds is stolen or otherwise unlawfully obtained, and
(b) all or part of a thing that the police officer suspects on reasonable grounds may provide evidence of the commission of a relevant offence, and
(c) any dangerous article, and
(d) any prohibited plant or prohibited drug in the possession or under the control of a person in contravention of the Drug Misuse and Trafficking Act 1985,
found as a result of a search under this section.
The following offences are
(a) indictable offences,
(b) an offence against section 93FB of the Crimes Act 1900,
(c) an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts.
(cf Crimes Act 1900, s 357C)
A police officer authorised by this section may, without a warrant, with as many other police officers as he or she thinks necessary, take the actions set out in subsection (2) if the police officer suspects on reasonable grounds that it is necessary to do so—
(a) to prevent, on a vessel, injury to people or damage to property by fire or otherwise, or
(b) to preserve peace and good order on a vessel, or
(c) to prevent, detect or investigate any offence that may be, or may have been, committed on a vessel.
The police officer may take any one or more of the following actions—
(a) enter into any part of any vessel,
(b) search and inspect the vessel,
(c) take all necessary measures for preventing, on the vessel, injury to persons or damage to property by fire or otherwise,
(d) take all necessary measures for preserving peace and good order on the vessel or for preventing, detecting or investigating any offences that may be, or may have been, committed on the vessel.
The following police officers are authorised by this section—
(a) a police officer of or above the rank of sergeant,
(b) a police officer in charge of a police station,
(c) a police officer in charge of a police vessel.
(cf Crimes Act 1900, s 357A)
An authorised person may, without a warrant, search an aircraft, any person on board or about to board an aircraft, or any luggage or freight on board an aircraft, or about to be placed on board an aircraft, if the person suspects on reasonable grounds that an offence involving the safety of the aircraft is being, or was, or may have been, or may be, committed on board or in relation to the aircraft.
The following persons are authorised persons for the purposes of this section—
(a) the commander of the aircraft,
(b) a person authorised in writing by an authorised officer, on the basis of a suspicion referred to in subsection (1), to carry out a search under this section.
A search of a person conducted under this section must be conducted by a person of the same sex as the person being searched.
(cf Drug Misuse and Trafficking Act 1985, s 37)
A police officer authorised by this section may, without a warrant, with as many other police officers as he or she thinks necessary, take the actions set out in subsection (2) if the police officer reasonably suspects that there is in a vessel or aircraft a prohibited plant or prohibited drug that is, in contravention of the Drug Misuse and Trafficking Act 1985, in the possession or under the control of any person.
The police officer may take the following actions—
(a) stop and detain the vessel or aircraft,
(b) enter into any part of the vessel or aircraft,
(c) search and inspect the vessel or aircraft.
The following police officers are authorised by this section—
(a) a police officer of or above the rank of sergeant,
(b) a police officer in charge of a police station,
(c) a police officer in charge of a police vessel.
This Division applies to anything that is intended to be used to lock-on or secure a person to any plant, equipment or structure for the purpose of interfering with the conduct of a business or undertaking and that is likely to be used in a manner that will give rise to a serious risk to the safety of any person.
A police officer may, without warrant, stop, search and detain a person, vehicle, vessel or aircraft if the police officer suspects on reasonable grounds that the person has in his or her possession or under his or her control (or that the vehicle, vessel or aircraft contains) anything to which this Division applies.
A police officer may seize and detain all or part of a thing found as a result of a search under this section that the police officer suspects on reasonable grounds is a thing to which this Division applies.
A thing seized under this Division is forfeited to the Crown.
The Police Area Commander or Police District Commander (or such other person as that Commander may direct) may destroy or otherwise dispose of a thing so forfeited in accordance with the directions of the Commissioner.
The proceeds from any sale of a thing disposed of under this section are to be paid to the Treasurer for payment into the Consolidated Fund.
Part 17 does not apply to a thing seized under this Division and a court does not have jurisdiction on an application under that Part to order the delivery of the thing to the person from whom the thing was lawfully seized or who appears to be lawfully entitled to the thing.
In this part—
(a) a train or other vehicle being used to provide a rail passenger service within the meaning of the Passenger Transport Act 2014,
(b) a light rail vehicle or other public passenger vehicle being operated by a light rail manager or light rail operator,
(c) a bus or other motor vehicle being used for a public passenger service within the meaning of the Passenger Transport Act 2014,
(d) a ferry being used to provide a ferry service within the meaning of the Passenger Transport Act 2014.
(a) a shopping centre,
(b) a shopping mall,
(c) a retail strip,
(d) a car park or passenger set-down area associated with a place mentioned in paragraphs (a)–(c).
A
(a) means a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle, and
Example— The following are stations, platforms or other structures—
(a) a railway station or platform,
(b) a light rail station or platform,
(c) facilities for passengers to change between the same or different modes of transport,
(d) a bus station,
(e) a bus stop, including the area in the immediate vicinity of the bus stop,
(f) a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.
(b) includes—
(i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or other structure, and
(ii) another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or other structure, and
Examples of other structures or facilities— overhead or underground walkways between platforms, footpaths and seating
(iii) landscaping associated with the station, platform or other structure.
A senior police officer may, by written instrument, declare any of the following places to be a designated area—
(a) public transport stations,
(b) shopping precincts,
(c) sporting venues,
(d) other public places prescribed by the regulations, including, for example, places at which the following are being or to be held—
(i) special events,
(ii) events that are part of or support the night-time economy.
A senior police officer may declare a place referred to in section 45F to be a designated area only if—
(a) any of the following has occurred at the place in the previous 12 months—
(i) at least 1 offence committed by a person armed with a knife or other weapon,
(ii) at least 1 serious indictable offence involving violence against a person,
(iii) more than 1 offence of possessing a knife or prohibited weapon in a public place or school, and
Note— See the Crimes Act 1900, Part 3A, Division 2A and the Weapons Prohibition Act 1998, section 7.
(b) the senior police officer considers the use of hand-held scanners is likely to be effective in detecting or deterring the commission of an offence involving a knife or other weapon, and
(c) the senior police officer has considered—
(i) the effect the use of hand-held scanners may have on lawful activity in the area, and
(ii) if the place was previously a designated area—whether knives or other weapons were found during the period the place was previously a designated area.
An instrument declaring a place to be a designated area must be published on the NSW Police Force website as soon as practicable after the declaration is made.
The declaration of a designated area remains in force for the period, not more than 12 hours, specified in the declaration.
More than one declaration of a designated area may be made in relation to the same place.
A police officer may, without a warrant, require a person in a designated area to stop and submit to the use of a hand-held scanner.
To avoid doubt, subsection (1) does not authorise the use of a hand-held scanner on board a public transport vehicle in a designated area.
Although this section authorises the use of a hand-held scanner at a public transport station in a designated area, it does not extend to the use of hand-held scanners on board public transport vehicles in the designated area. Section 45L provides for the use of hand-held scanners on board public transport vehicles in certain circumstances.
This section applies if a designated area includes a public transport station.
In addition to the authority under section 45K(1) to require a person to stop and submit to the use of a hand-held scanner at the public transport station, a police officer may, without a warrant, require a person to stop and submit to the use of a hand-held scanner—
(a) on board a public transport vehicle while the vehicle is travelling within 2 scheduled stops in any direction of the public transport station, or
(b) if the person leaves the public transport vehicle within 2 scheduled stops of the public transport station—in a public place at the public transport station at the scheduled stop.
If a police officer starts to exercise a power in relation to a person under this section or section 45M while on board a public transport vehicle travelling in the area mentioned in subsection (2)(a), the police officer may continue to exercise the power in relation to the person, even if the public transport vehicle travels out of the area.
This section applies if—
(a) a police officer uses a hand-held scanner in relation to a person in a designated area, and
(b) the hand-held scanner indicates that metal is, or is likely to be, present.
The police officer may require the person to—
(a) produce the thing that may be causing the hand-held scanner to indicate that metal is, or is likely to be, present, and
(b) resubmit to the use of a hand-held scanner.
See also section 45L(3) in relation to the continued use of a power under this section.
To avoid doubt, this section does not limit the powers of a police officer under Part 4.
A person must not, without reasonable excuse, fail or refuse to comply with a requirement made of the person by a police officer under this division.
Maximum penalty—50 penalty units.
This section applies if a police officer exercises a power under a hand-held scanner authority to require a person to stop and submit, or resubmit, to the use of a hand-held scanner.
The police officer must exercise the power in the least invasive way practicable in the circumstances.
If reasonably practicable, the police officer must be of the same sex as the person.
The police officer may detain the person for as long as is reasonably necessary to exercise the power.
Part 15 applies to the exercise of a power by a police officer, including the issuing of a direction, under this part.
The Commissioner must keep records about the use of the powers under this division, including the information prescribed by the regulations.
The information prescribed by the regulations must be included in the NSW Police Force’s annual reporting information under the Government Sector Finance Act 2018, Division 7.3.
The Minister must review this part to determine whether—
(a) the policy objectives of the part remain valid, and
(b) the terms of the part remain appropriate for securing the objectives.
The review must be undertaken as soon as possible after the period of 12 months from the assent date.
A report on the outcome of the review must be tabled in each House of Parliament within 2 years after the assent date.
In this section—
This part expires 3 years after the date on which the part commences.
Safeguards relating to the exercise of powers under this Part are set out in Parts 15 and 17.
In this Part—
(a) for a covert search warrant or a digital evidence access order in connection with the covert search warrant—a person authorised under section 46C to apply for the covert search warrant, or
(b) for a criminal organisation search warrant or a digital evidence access order in connection with the criminal organisation search warrant—a police officer authorised under section 46D to apply for the criminal organisation search warrant, or
(c) for a search warrant issued under Part 11, Division 1 for suspected drug premises or a digital evidence access order in connection with the search warrant—a police officer authorised under section 140 to apply for the search warrant, or
(c1) for a digital evidence access order in connection with a search warrant under the Criminal Assets Recovery Act 1990, section 38 or 45—an authorised officer under the Criminal Assets Recovery Act 1990, or
(d) for a digital evidence access order in connection with a search warrant under the Crime Commission Act 2012, section 17(2)—an executive officer under that Act, or
(d1) for a digital evidence access order in connection with a search warrant under the Independent Commission Against Corruption Act 1988, section 40(1)—an officer of the Commission under that Act, or
(d2) for a digital evidence access order in connection with a search warrant under the Law Enforcement Conduct Commission Act 2016, section 79—an authorised person within the meaning of that section, or
(e) for any other search warrant or a digital evidence access order in connection with the search warrant—any police officer.
(a) for a covert search warrant or a digital evidence access order in connection with the covert search warrant—an eligible Judge, or
(b) for a criminal organisation search warrant or a digital evidence access order in connection with the criminal organisation search warrant—an eligible Judge, or
(c) for a search warrant under the Crime Commission Act 2012, section 17(2) or a digital evidence access order in connection with the search warrant—an authorised officer, or
(d) for any other search warrant or a digital evidence access order in connection with the search warrant—an authorised officer, or
(e) for a notice to produce issued under Division 3—an authorised officer.
(a) for a covert search warrant or a digital evidence access order in connection with a covert search warrant—
(i) any police officer, or
(ii) any member of staff of the Law Enforcement Conduct Commission if the applicant for the warrant was authorised under section 46C(1)(b) to make the application, or
(iii) a member of staff of the New South Wales Crime Commission if the applicant for the warrant was authorised under section 46C(1)(c) to make the application, or
(b) for a search warrant under the Crime Commission Act 2012, section 17(2) or a digital evidence access order in connection with the search warrant—an officer of the Commission under that Act, or
(c) for any other warrant or a digital evidence access order in connection with the warrant—any police officer.
A reference in this Part to an offence includes a reference to an offence that there are reasonable grounds for believing has been, is being, or is to be, committed (as the case requires).
For the purposes of this Part, a thing is connected with a particular offence if it is—
(a) a thing with respect to which the offence has been committed, or
(b) a thing that will provide evidence of the commission of the offence, or
(c) a thing that was used, or is intended to be used, in or in connection with the commission of the offence.
Nothing in this Part applies to or in respect of, or affects the exercise of any power under, a covert search warrant issued under the Terrorism (Police Powers) Act 2002.
In this Part—
(a) is carried out on an organised basis, and
(b) is carried out to advance any one or more of the following objectives—
(i) obtaining material benefits from conduct constituting a serious indictable offence,
(ii) obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence,
(iii) committing serious violence offences,
(iv) engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violence offence.
(a) loss of a person’s life or serious risk of loss of a person’s life, or
(b) serious injury to a person or serious risk of serious injury to a person, or
(c) serious damage to property in circumstances endangering the safety of any person, or
(d) perverting the course of justice (within the meaning of Part 7 of the Crimes Act 1900) in relation to any conduct that, if proved, would constitute a serious violence offence as referred to in paragraph (a), (b) or (c).
For the purposes of this section, an activity is carried out on an
(cf former LEPRA, s 47(1))
For the purposes of this Part,
(a) means any of the following—
(i) an indictable offence,
(ii) a firearms or prohibited weapons offence,
(iii) a narcotics offence,
(iv) a child abuse material offence,
(v) an offence involving a thing being stolen or otherwise unlawfully obtained,
(vi) a computer offence, and
(b) if the warrant is a covert search warrant—means a serious offence, and
(c) if the warrant is a criminal organisation search warrant—means an organised crime offence.
In subsection (1)—
(a) an offence under the Poisons and Therapeutic Goods Act 1966, or a regulation made under that Act, being an offence committed in respect of—
(i) a restricted substance prescribed for the purposes of section 16 of that Act, or
(ii) a drug of addiction within the meaning of that Act, or
(b) an offence under the Drug Misuse and Trafficking Act 1985 or a regulation made under that Act.
Date of commencement of Sch 1.5, 15.9.2018, sec 2 (2) and 2018 (529) LW 14.9.2018. | ||
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 4.26, 14.1.2018, sec 2 (3). | |
No 69 | Building Products (Safety) Act 2017. Assented to 30.11.2017. Date of commencement of Sch 2.7, 18.12.2017, sec 2 (1) and 2017 (715) LW 15.12.2017. | |
No 4 | Justice Legislation Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1.10, assent, sec 2 (1). | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement of Sch 2.9, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 7 | Liquor and Gaming Legislation Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1.8, 3.4.2018, sec 2 and 2018 (112) LW 29.3.2018. | |
No 11 | State Debt Recovery Act 2018. Assented to 21.3.2018. Date of commencement of Sch 3.9, 27.8.2018, sec 2 and 2018 (462) LW 24.8.2018. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 3, 14 days after assent, sec 2 (1). | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 1.17 [1]–[4] and [8], 1.12.2018, sec 2 (2) and 2018 (675) LW 30.11.2018; date of commencement of Schs 1.17 [5]–[7] and 2.10, assent, sec 2 (1). | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.11, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
No 44 | Paintball Act 2018. Assented to 21.8.2018. Date of commencement, 1.7.2019, sec 2 and 2019 (274) LW 28.6.2019. | |
No 49 | Strata Schemes Management Amendment (Building Defects Scheme) Act 2018. Assented to 27.9.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (299) LW 26.6.2020. | |
No 59 | Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018. Date of commencement of Sch 5, assent, sec 2 (1). | |
No 60 | Community Gaming Act 2018. Assented to 26.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (298) LW 26.6.2020. | |
No 63 | Building and Development Certifiers Act 2018. Assented to 31.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (77) LW 4.3.2020. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.19, assent, sec 2 (1). | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019 Date of commencement of Sch 2.18, 1.7.2021, Sch 2.18 and 2021 (270) LW 11.6.2021. | |
No 7 | Ageing and Disability Commissioner Act 2019. Assented to 25.6.2019. Date of commencement of Sch 1.6, 1.7.2019, sec 2 (1). | |
No 10 | Justice Legislation Amendment Act 2019. Assented to 26.9.2019. Date of commencement of Sch 1.15, 6.12.2019, sec 2(2) and 2019 (585) LW 6.12.2019. | |
No 20 | Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019. Date of commencement of Sch 1.14, assent, sec 2(1). | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.26, 1.3.2020, sec 2(1). | |
No 7 | Design and Building Practitioners Act 2020. Assented to 10.6.2020. Date of commencement of Sch 2.4, assent, sec 2(1). | |
No 9 | Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020. Assented to 10.6.2020. Date of commencement, 1.9.2020, sec 2. | |
No 25 | Better Regulation Legislation Amendment Act 2020. Assented to 28.9.2020. Date of commencement of Sch 2.5, assent, sec 2. | |
No 26 | Stronger Communities Legislation Amendment (Crimes) Act 2020. Assented to 28.9.2020. Date of commencement, assent, sec 2. | |
No 32 | Health Legislation (Miscellaneous Amendments) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 9.5, assent, sec 2(1). | |
No 14 | Law Enforcement Conduct Commission Amendment (Commissioners) Act 2021. Assented to 17.6.2021. Date of commencement, assent, sec 2. | |
No 26 | Water Industry Competition Amendment Act 2021. Assented to 1.11.2021. Date of commencement of Sch 2.8, 1.3.2024, sec 2 and 2024 (43) LW 1.3.2024. | |
No 46 | Crimes Legislation Amendment Act 2021. Assented to 8.12.2021. Date of commencement of Sch 1.3, assent, sec 2(1). | |
No 10 | Tattoo Parlours Amendment (Statutory Review) Act 2022. Assented to 13.4.2022. Date of commencement of Sch 2.4, 1.9.2023, sec 2 and 2023 (494) LW 30.8.2023. | |
No 11 | Motor Sports Events Act 2022. Assented to 13.4.2022. Date of commencement, assent, sec 2. | |
No 20 | Government Telecommunications Amendment Act 2022. Assented to 6.6.2022. Date of commencement, assent, sec 2. | |
No 46 | Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022. Assented to 18.10.2022. Date of commencement, 1.2.2023, sec 2. | |
No 47 | Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Act 2022. Assented to 18.10.2022. Date of commencement, 1.2.2023, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 13 | Law Enforcement (Powers and Responsibilities) Amendment (Digital Evidence Access Orders) Act 2023. Assented to 13.7.2023. Date of commencement, assent, sec 2. | |
No 30 | Radiation Control Amendment Act 2023. Assented to 24.10.2023. Date of commencement of Sch 2, assent, sec 2(c). | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 2.7, 30.10.2023, sec 2(c). | |
No 39 | Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 3 | Crime and Criminal Procedure Legislation Amendment Act 2024. Assented to 19.2.2024. Date of commencement, on assent, sec 2. | |
No 5 | Detention Legislation Amendment (Prohibition on Spit Hoods) Act 2024. Assented to 19.2.2024. Date of commencement, on assent, sec 2. | |
No 10 | Environmental Legislation Amendment (Hazardous Chemicals) Act 2024. Assented to 25.3.2024. Date of commencement, assent, sec 2. | |
No 31 | Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Act 2024. Assented to 20.6.2024. Date of commencement, 9.12.2024, sec 2 and 2024 (521) LW 11.10.2024. | |
No 33 | Emergency Services Levy Insurance Monitor Act 2024. Assented to 20.6.2024. Date of commencement, assent, sec 2. | |
No 39 | Community Services Sector (Portable Long Service Leave) Act 2024. Assented to 24.6.2024. Date of commencement of Sch 4, 1.7.2025, sec 2 and 2025 (294) LW 27.6.2025. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 2.10, assent, sec 2(b). | |
No 90 | Revenue Legislation Further Amendment Act 2024. Assented to 2.12.2024. Date of commencement, assent, sec 2. | |
No 10 | Crimes Amendment (Places of Worship) Act 2025. Assented to 2.3.2025. Date of commencement, 3 months after assent (ie 3.6.2025), sec 2(a). | |
No 14 | Strata Schemes Legislation Amendment Act 2025. Assented to 2.3.2025. Date of commencement of Sch 3.5, 27.10.2025, sec 2(b) and 2025 (497) LW 19.9.2025. | |
No 62 | Justice Legislation Amendment (Miscellaneous) Act (No 2) 2025. Assented to 28.10.2025. Date of commencement of Sch 11, assent, sec 2(c). |
Sec 3 | Am 2005 No 11, Sch 3.18 [1]–[3]; 2005 No 103, Sch 5 [1]; 2006 No 94, Sch 3.21 [2]; 2006 No 128, Sch 1 [1] [2]; 2007 No 59, Sch 1 [1]; 2007 No 80, Sch 2.15 [1]; 2007 No 94, Sch 2; 2008 No 30, Sch 1 [1]–[3]; 2009 No 8, Sch 1 [1] [2]; 2009 No 23, Sch 2 [1]; 2010 No 40, Sch 3.15 [1]; 2011 No 45, Sch 1 [1]; 2013 No 19, Sch 4.33 [1]–[3]; 2014 No 31, Sch 3 [1]–[3]; 2018 No 29, Schs 1.17 [1], 2.10 [1]; 2022 No 46, Sch 3[1]; 2022 No 47, Sch 1[1]. |
Sec 9 | Am 2020 No 26, Sch 1.11. |
Part 3, Div 1, heading | Am 2011 No 45, Sch 1 [2]. |
Sec 11 | Am 2011 No 45, Sch 1 [3] [4]; 2014 No 31, Schs 2 [2], 3 [4]. |
Sec 12 | Am 2014 No 31, Schs 2 [3], 3 [5] [6]. |
Sec 13 | Am 2014 No 31, Sch 3 [6]. |
Part 3, Div 1A | Ins 2007 No 80, Sch 2.15 [2]. |
Sec 13A | Ins 2007 No 80, Sch 2.15 [2]. Am 2014 No 31, Sch 3 [4]. |
Sec 13B | Ins 2007 No 80, Sch 2.15 [2]. Am 2014 No 31, Sch 3 [5] [6]. |
Sec 13C | Ins 2007 No 80, Sch 2.15 [2]. Am 2014 No 31, Sch 3 [6]. |
Sec 14 | Am 2005 No 119, Sch 1 [2] [3]; 2014 No 31, Schs 2 [2], [7]–[12]. |
Sec 15 | Am 2005 No 119, Sch 1 [4]–[6]; 2014 No 31, Schs 2 [4] [5], 3 [5] [6]. |
Sec 16 | Am 2003 No 82, Sch 2.15 [1]; 2014 No 31, Schs 2 [4] [5], 3 [5] [6]. |
Sec 17 | Am 2014 No 31, Schs 2 [4] [5], 3 [5]. |
Sec 18 | Am 2014 No 31, Sch 3 [6]. |
Sec 19 | Am 2014 No 31, Sch 3 [5]. |
Part 3, Div 4 | Ins 2011 No 45, Sch 1 [5]. |
Sec 19A | Ins 2011 No 45, Sch 1 [5]. Am 2013 No 19, Sch 4.33 [4]; 2014 No 31, Sch 2 [6]. |
Sec 19B | Ins 2011 No 45, Sch 1 [5]. Am 2014 No 31, Schs 2 [7], 3 [13]. |
Sec 19C | Ins 2011 No 45, Sch 1 [5]. |
Sec 20 | Am 2009 No 27, Sch 1.8 [1]; 2013 No 81, Sch 2.2 [1]. |
Sec 21A | Ins 2006 No 128, Sch 1 [3]. Am 2014 No 31, Schs 2 [8], 3 [4] [6] [14]. |
Sec 23 (previously sec 25) | Am 2007 No 80, Sch 2.15 [3]. Renumbered 2014 No 31, Sch 3 [19]. Subst 2018 No 29, Sch 1.17 [2] |
Part 4, Div 2 (previously Part 4, Div 3) | Renumbered 2014 No 31, Sch 3 [19]. Rep 2018 No 29, Sch 1.17 [3]. |
Sec 23A | Ins 2007 No 59, Sch 1 [2]. Am 2014 No 31, Schs 2 [8], 3 [4] [6] [14]. Renumbered as sec 28, 2014 No 31, Sch 3 [19]. |
Sec 24 (previously sec 26) | Am 2006 No 128, Sch 1 [4] [5]; 2008 No 30, Sch 1 [4] [5]; Am 2014 No 31, Sch 3 [4] [17]. Renumbered 2014 No 31, Sch 3 [19]. Rep 2018 No 29, Sch 1.17 [3]. |
Sec 25 (previously sec 27) | Am 2009 No 80, Sch 2; 2014 No 31, Schs 2 [9], 3 [5] [6]. Renumbered 2014 No 31, Sch 3 [19]. Rep 2018 No 29, Sch 1.17 [3]. |
Sec 26 (previously sec 28) | Am 2006 No 128, Sch 1 [6]; 2014 No 31, Sch 3 [18]. Renumbered 2014 No 31, Sch 3 [19]. Rep 2018 No 29, Sch 1.17 [3]. |
Part 4, Div 3 (previously Part 4, Div 2) | Renumbered 2014 No 31, Sch 3 [19]. |
Sec 27 (previously sec 23) | Renumbered 2014 No 31, Sch 3 [19]. |
Sec 28 (previously sec 23A) | Renumbered 2014 No 31, Sch 3 [19]. |
Sec 28A (previously sec 24) | Am 2014 No 31, Sch 3 [15] [16]. Renumbered 2014 No 31, Sch 3 [19]. |
Sec 29 | Subst 2014 No 31, Sch 3 [20]. |
Sec 30 | Subst 2014 No 31, Sch 3 [21]. |
Sec 31 | Subst 2014 No 31, Sch 3 [22]. |
Sec 32 | Am 2014 No 31, Sch 3 [23]–[26]; 2025 No 62, Sch 11[1] [2]. |
Sec 33 | Am 2014 No 31, Sch 3 [23] [27] [28]. |
Sec 34A | Ins 2014 No 31, Sch 3 [29]. |
Part 4, Div 5, heading | Am 2005 No 119, Sch 1 [7]. |
Sec 35 | Am 2009 No 27, Sch 1.8 [1]. |
Sec 36A | Ins 2005 No 119, Sch 1 [8]. |
Sec 38 | Am 2005 No 119, Sch 1 [9]. |
Sec 42 | Am 2009 No 27, Sch 1.8 [1]. |
Part 4, Div 7 | Ins 2016 No 7, Sch 3 [1]. |
Sec 45A, 45B | Ins 2016 No 7, Sch 3 [1]. |
Sec 45C | Ins 2016 No 7, Sch 3 [1]. Am 2018 No 29, Sch 2.10 [2]. |
Part 4A | Ins 2024 No 31, Sch 1. |
Part 4A, Div 1 | Ins 2024 No 31, Sch 1. |
Sec 45D | Ins 2024 No 31, Sch 1. |
Sec 45E | Ins 2024 No 31, Sch 1. |
Part 4A, Div 2 | Ins 2024 No 31, Sch 1. |
Sec 45F | Ins 2024 No 31, Sch 1. |
Sec 45G | Ins 2024 No 31, Sch 1. |
Sec 45H | Ins 2024 No 31, Sch 1. |
Sec 45I | Ins 2024 No 31, Sch 1. |
Sec 45J | Ins 2024 No 31, Sch 1. |
Part 4A, Div 3 | Ins 2024 No 31, Sch 1. |
Sec 45K | Ins 2024 No 31, Sch 1. |
Sec 45L | Ins 2024 No 31, Sch 1. |
Sec 45M | Ins 2024 No 31, Sch 1. |
Sec 45N | Ins 2024 No 31, Sch 1. |
Sec 45O | Ins 2024 No 31, Sch 1. |
Sec 45P | Ins 2024 No 31, Sch 1. |
Sec 45Q | Ins 2024 No 31, Sch 1. |
Sec 45R | Ins 2024 No 31, Sch 1. |
Sec 46 | Am 2005 No 103, Sch 5 [2]; 2009 No 8, Sch 1 [3] [4]; 2009 No 23, Sch 2 [2]–[4]; 2009 No 77, Sch 2.12 [1]; 2016 No 61, Sch 6.32 [1]; 2022 No 47, Sch 1[2]; 2023 No 13, sec 3(1); 2024 No 3, Sch 7[1] [2]. |
Sec 46AA | Ins 2009 No 23, Sch 2 [5]. |
Sec 46A | Ins 2009 No 8, Sch 1 [5]. Am 2009 No 23, Sch 2 [6] [7]; 2010 No 9, Sch 3.3 [1] [2]; 2010 No 40, Sch 3.15 [2]; 2018 No 33, Sch 5.11; 2021 No 46, Sch 1.3[1]–[3]. |
Sec 46B | Ins 2009 No 8, Sch 1 [5]. Am 2009 No 77, Sch 1.3. |
Sec 46C | Ins 2009 No 8, Sch 1 [5]. Am 2016 No 61, Sch 6.32 [2]; 2021 No 14, Sch 2.3. |
Sec 46D | Ins 2009 No 23, Sch 2 [8]. |
Part 5, Div 2, heading | Subst 2009 No 8, Sch 1 [6]. |
Sec 47 | Am 2004 No 95, Sch 2.5. Subst 2009 No 8, Sch 1 [7]. Am 2009 No 23, Sch 2 [9] [10]; 2009 No 77, Sch 2.12 [2]. |
Sec 47A | Ins 2009 No 8, Sch 1 [7]. |
Secs 48, 49 | Subst 2009 No 8, Sch 1 [7]. |
Sec 49A | Ins 2009 No 8, Sch 1 [7]. |
Sec 50 | Subst 2009 No 8, Sch 1 [7]. |
Sec 51 | Am 2009 No 8, Sch 1 [8]. |
Part 5, Div 3 | Am 2009 No 8, Sch 1 [9]. |
Sec 53 | Am 2009 No 8, Sch 1 [9]. |
Sec 54 | Am 2009 No 8, Sch 1 [9]; 2014 No 31, Sch 3 [30]. |
Sec 55 | Am 2009 No 8, Sch 1 [9]. |
Sec 59 | Am 2005 No 103, Sch 5 [3]; 2006 No 128, Sch 1 [7]; 2009 No 8, Sch 1 [10] [11]; 2019 No 10, Sch 1.15[1] [2]. |
Sec 60 | Am 2009 No 8, Sch 1 [12]. |
Sec 60A | Ins 2021 No 46, Sch 1.3[4]. Am 2023 No 39, Sch 4. |
Sec 61 | Am 2006 No 128, Sch 1 [8] [9]; 2009 No 8, Sch 1 [13]. |
Sec 61A | Ins 2019 No 10, Sch 1.15[3]. |
Sec 62 | Subst 2009 No 8, Sch 1 [14]. Am 2009 No 37, Sch 1.6 [1]; 2009 No 23, Sch 2 [11]. |
Sec 63 | Am 2009 No 8, Sch 1 [15] [16]. |
Sec 64 | Am 2009 No 8, Sch 1 [17] [18]. |
Sec 65 | Am 2009 No 8, Sch 1 [19] [20]. |
Sec 66 | Am 2009 No 8, Sch 1 [21]; 2009 No 37, Sch 1.6 [2]. |
Sec 67 | Am 2007 No 59, Sch 1 [3]; 2009 No 8, Sch 1 [22] [23]. |
Sec 67A | Ins 2009 No 8, Sch 1 [24]. |
Sec 67B | Ins 2009 No 8, Sch 1 [24]. Am 2015 No 50, Sch 4.14. |
Sec 68 | Am 2009 No 8, Sch 1 [25]. |
Sec 69 | Am 2009 No 8, Sch 1 [26]. |
Sec 70 | Am 2006 No 61, Sch 2 [1] [2]; 2009 No 8, Sch 1 [27] [28]. |
Sec 72 | Am 2009 No 8, Sch 1 [29]–[31]. |
Sec 73 | Am 2003 No 85, Sch 6 [1]–[4]. Subst 2005 No 103, Sch 5 [4]. Am 2009 No 8, Sch 1 [32]–[35]; 2009 No 23, Sch 2 [12]–[15]. |
Sec 73A | Ins 2005 No 103, Sch 5 [4]. Am 2007 No 59, Sch 1 [4] [5]; 2009 No 8, Sch 1 [36] [37]; 2009 No 23, Sch 2 [16]. |
Sec 74 | Am 2009 No 8, Sch 1 [38] [39]; 2022 No 47, Sch 1[3]. |
Sec 74A | Ins 2009 No 8, Sch 1 [40]. Am 2016 No 61, Sch 6.32 [3]; 2022 No 47, Sch 1[4]. |
Sec 75 | Am 2006 No 128, Sch 1 [10]. Subst 2009 No 8, Sch 1 [41]. |
Sec 75A | Ins 2009 No 8, Sch 1 [42]. |
Sec 75B | Ins 2009 No 8, Sch 1 [42]. Am 2016 No 61, Sch 6.32 [4]. |
Part 5, Div 4A | Ins 2022 No 47, Sch 1[5]. |
Part 5, Div 4A, Subdiv 1 | Ins 2022 No 47, Sch 1[5]. |
Sec 76AA | Ins 2022 No 47, Sch 1[5]. Am 2023 No 13, sec 3(2); 2024 No 3, Sch 7[3]. |
Part 5, Div 4A, Subdiv 2 | Ins 2022 No 47, Sch 1[5]. |
Sec 76AB | Ins 2022 No 47, Sch 1[5]. Am 2023 No 13, sec 3(3); 2024 No 3, Sch 7[4]. |
Sec 76AC | Ins 2022 No 47, Sch 1[5]. |
Sec 76AD | Ins 2022 No 47, Sch 1[5]. |
Sec 76AE | Ins 2022 No 47, Sch 1[5]. Am 2023 No 7, Sch 1.12[1] [2]. |
Sec 76AF | Ins 2022 No 47, Sch 1[5]. Am 2023 No 13, sec 3(4); 2024 No 3, Sch 7[5]. |
Sec 76AG | Ins 2022 No 47, Sch 1[5]. |
Sec 76AH | Ins 2022 No 47, Sch 1[5]. |
Part 5, Div 4A, Subdiv 3 | Ins 2022 No 47, Sch 1[5]. |
Sec 76AI | Ins 2022 No 47, Sch 1[5]. |
Sec 76AJ | Ins 2022 No 47, Sch 1[5]. |
Part 5, Div 4A, Subdiv 4 | Ins 2022 No 47, Sch 1[5]. |
Sec 76AK | Ins 2022 No 47, Sch 1[5]. |
Sec 76AL | Ins 2022 No 47, Sch 1[5]. |
Sec 76AM | Ins 2022 No 47, Sch 1[5]. |
Sec 76AN | Ins 2022 No 47, Sch 1[5]. |
Sec 76AO | Ins 2022 No 47, Sch 1[5]. |
Part 5, Div 4A, Subdiv 5 | Ins 2022 No 47, Sch 1[5]. |
Sec 76AP | Ins 2022 No 47, Sch 1[5]. |
Sec 76AQ | Ins 2022 No 47, Sch 1[5]. |
Sec 76A | Ins 2009 No 8, Sch 1 [43]. |
Sec 76B | Ins 2009 No 8, Sch 1 [43]. Am 2016 No 61, Sch 6.32 [5]. |
Sec 79 | Am 2009 No 8, Sch 1 [44]; 2024 No 82, Sch 2.10. |
Sec 80 | Am 2008 No 31, Sch 1.4; 2008 No 114, Sch 2.12 [1]. |
Part 5A | Ins 2022 No 46, Sch 3[2]. |
Part 5A, Div 1 | Ins 2022 No 46, Sch 3[2]. |
Sec 80A | Ins 2022 No 46, Sch 3[2]. |
Part 5A, Div 2 | Ins 2022 No 46, Sch 3[2]. |
Sec 80B | Ins 2022 No 46, Sch 3[2]. |
Sec 80C | Ins 2022 No 46, Sch 3[2]. |
Sec 80D | Ins 2022 No 46, Sch 3[2]. |
Sec 80E | Ins 2022 No 46, Sch 3[2]. |
Sec 80F | Ins 2022 No 46, Sch 3[2]. |
Sec 80G | Ins 2022 No 46, Sch 3[2]. |
Sec 80H | Ins 2022 No 46, Sch 3[2]. |
Part 5A, Div 3 | Ins 2022 No 46, Sch 3[2]. |
Sec 80I | Ins 2022 No 46, Sch 3[2]. |
Sec 80J | Ins 2022 No 46, Sch 3[2]. Am 2023 No 39, Sch 2.7. |
Part 5A, Div 4 | Ins 2022 No 46, Sch 3[2]. |
Sec 80K | Ins 2022 No 46, Sch 3[2]. |
Sec 80L | Ins 2022 No 46, Sch 3[2]. |
Sec 80M | Ins 2022 No 46, Sch 3[2]. |
Sec 80N | Ins 2022 No 46, Sch 3[2]. |
Sec 80O | Ins 2022 No 46, Sch 3[2]. |
Part 5A, Div 5 | Ins 2022 No 46, Sch 3[2]. |
Sec 80P | Ins 2022 No 46, Sch 3[2]. |
Sec 80Q | Ins 2022 No 46, Sch 3[2]. |
Sec 80R | Ins 2022 No 46, Sch 3[2]. |
Sec 80S | Ins 2022 No 46, Sch 3[2]. |
Sec 81 | Am 2006 No 73, Sch 3.15. Subst 2007 No 80, Sch 2.15 [4]. |
Sec 82 | Am 2006 No 128, Sch 1 [11]; 2014 No 31, Sch 3 [31] [32]; 2018 No 29, Sch 1.17 [4]. |
Sec 83 | Am 2014 No 31, Sch 3 [33]–[35]. |
Sec 84 | Am 2014 No 31, Sch 3 [36]. |
Sec 87 | Am 2007 No 80, Sch 2.15 [5]; 2008 No 30, Sch 1 [4]. |
Part 6A | Ins 2005 No 119, Sch 1 [1]. |
Part 6A, Div 1 | Ins 2005 No 119, Sch 1 [1]. |
Sec 87A | Ins 2005 No 119, Sch 1 [1]. Am 2009 No 27, Sch 1.8 [2] [3]. |
Part 6A, Div 2 | Ins 2005 No 119, Sch 1 [1]. |
Sec 87B | Ins 2005 No 119, Sch 1 [1]. Am 2006 No 128, Sch 1 [12]; 2009 No 27, Sch 1.8 [4]. |
Sec 87C | Ins 2005 No 119, Sch 1 [1]. Am 2006 No 128, Sch 1 [13] [14]. |
Part 6A, Div 3 | Ins 2005 No 119, Sch 1 [1]. |
Sec 87D | Ins 2005 No 119, Sch 1 [1]. Am 2007 No 97, Sch 1.1 [1]. |
Secs 87E–87K | Ins 2005 No 119, Sch 1 [1]. |
Sec 87L | Ins 2005 No 119, Sch 1 [1]. Am 2014 No 31, Sch 3 [4]–[6]. |
Sec 87M | Ins 2005 No 119, Sch 1 [1]. Am 2007 No 97, Sch 1.1 [2]; 2025 No 62, Sch 11[3]. |
Sec 87MA | Ins 2006 No 61, Sch 2 [3]. Am 2006 No 128, Sch 1 [15] [16]; 2014 No 31, Sch 2 [10] [11]. |
Sec 87MB | Ins 2007 No 97, Sch 1.1 [3]. |
Sec 87N | Ins 2005 No 119, Sch 1 [1]. Am 2006 No 61, Sch 2 [4]. Subst 2007 No 97, Sch 1.1 [4]. |
Part 6A, Div 4 | Ins 2005 No 119, Sch 1 [1]. |
Sec 87O | Ins 2005 No 119, Sch 1 [1]. Subst 2007 No 97, Sch 1.1 [5]. Am 2016 No 61, Sch 6.32 [6] [7]. |
Part 6B, Div 1 | Ins 2016 No 16, Sch 5 [1]. |
Sec 87P | Ins 2005 No 119, Sch 1 [1]. Rep 2007 No 97, Sch 1.1 [6]. Ins 2016 No 16, Sch 5 [1]. |
Sec 87Q | Ins 2016 No 16, Sch 5 [1]. |
Part 6B, Divs 2–4 (secs 87R–87ZC) | Ins 2016 No 16, Sch 5 [1]. |
Sec 89 | Am 2006 No 128, Sch 1 [17]. |
Sec 90 | Am 2006 No 128, Sch 1 [18]. |
Sec 91 | Am 2007 No 59, Sch 1 [6]; 2014 No 31, Sch 3 [37]. |
Sec 92 | Subst 2005 No 103, Sch 5 [5]. Am 2006 No 128, Sch 1 [19]; 2007 No 59, Sch 1 [7]–[9]; 2014 No 31, Sch 3 [38]–[40]. |
Sec 93 | Am 2006 No 128, Sch 1 [20]; 2014 No 31, Sch 3 [41]. |
Sec 94 | Subst 2005 No 103, Sch 5 [6]. Am 2006 No 128, Sch 1 [21]–[23]; 2007 No 59, Sch 1 [9]; 2014 No 31, Sch 3 [42]. |
Sec 94A | Ins 2014 No 31, Sch 3 [43]. Am 2018 No 29, Sch 1.17[5] [6]; 2022 No 47, Sch 1[6]. |
Sec 95 | Am 2014 No 31, Sch 3 [44] [45]. |
Sec 95A | Ins 2007 No 59, Sch 1 [10]. |
Sec 96 | Am 2014 No 31, Sch 3 [6]. |
Part 8, note | Am 2014 No 5, Sch 2.22 [1]. |
Sec 99 | Subst 2013 No 98, Sch 1 [1]. Am 2021 No 46, Sch 1.3[5] [6]. |
Sec 104 | Am 2007 No 94, Sch 2; 2014 No 5, Sch 2.22 [2] [3]. |
Sec 104A | Ins 2006 No 128, Sch 4.1 [1] (transferred from the Crimes Act 1900 No 40, sec 353C). Am 2006 No 128, Sch 1 [24]. |
Sec 105 | Am 2013 No 98, Sch 1 [2]. |
Part 8A | Ins 2004 No 104, Sch 1. |
Secs 108A–108D | Ins 2004 No 104, Sch 1. |
Sec 108E | Ins 2004 No 104, Sch 1. Rep 2014 No 31, Sch 3 [46]. |
Sec 108F | Ins 2004 No 104, Sch 1. Am 2007 No 64, Sch 2.5 [1]; 2014 No 31, Sch 3 [47]. |
Secs 108G, 108H | Ins 2004 No 104, Sch 1. |
Sec 109 | Am 2014 No 31, Sch 1 [1]. |
Sec 110 | Am 2014 No 31, Sch 1 [2]–[4]. |
Sec 111 | Am 2014 No 31, Sch 1 [5]. |
Sec 112A | Ins 2014 No 31, Sch 1 [6]. |
Sec 113 | Am 2013 No 19, Sch 4.33 [5]; 2014 No 5, Sch 2.22 [2]; 2014 No 31, Sch 1 [7]. |
Part 9, Div 2, heading | Subst 2014 No 31, Sch 1 [8]. |
Sec 114 | Am 2014 No 5, Sch 2.22 [2]. |
Sec 115 | Am 2014 No 31, Sch 1 [9]. |
Sec 116 | Am 2005 No 103, Sch 5 [7]; 2014 No 31, Sch 1 [10]. |
Sec 117 | Am 2005 No 98, Sch 2.34; 2006 No 74, Sch 2 [1]; 2006 No 128, Sch 1 [25]; 2009 No 56, Sch 3.5 [1]; 2018 No 29, Sch 1.17 [7]. |
Sec 118 | Am 2014 No 31, Sch 1 [11]–[14]. |
Sec 120 | Am 2014 No 31, Sch 1 [15]. |
Part 9, Div 3, heading | Subst 2014 No 31, Sch 1 [16]. |
Sec 122 | Am 2014 No 31, Sch 1 [17] [18]. |
Sec 123 | Am 2009 No 56, Sch 3.5 [2]–[5]; 2014 No 31, Sch 1 [19]. |
Secs 124–126 | Am 2014 No 31, Sch 1 [19] |
Sec 127 | Am 2009 No 56, Sch 3.5 [2]; 2014 No 31, Sch 1 [19]. |
Secs 128–131 | Am 2014 No 31, Sch 1 [19] |
Sec 132 | Am 2025 No 62, Sch 11[4]. |
Part 10, heading | Am 2006 No 128, Sch 1 [26]. |
Part 10, note | Am 2014 No 31, Sch 3 [48]. |
Part 10, Div 1, heading | Am 2006 No 128, Sch 1 [27]. |
Sec 133 | Am 2006 No 74, Sch 2 [2]. |
Sec 134 | Am 2004 No 17, Sch 2.2; 2005 No 94, Sch 2.2; 2013 No 19, Sch 4.33 [6]; 2018 No 4, Sch 1.10. |
Secs 137A, 137B | Ins 2006 No 128, Sch 1 [28]. |
Sec 137C | Ins 2014 No 31, Sch 3 [49]. |
Part 10, Div 3, heading | Ins 2006 No 128, Sch 1 [29]. |
Part 10, Div 3, note | Ins 2006 No 128, Sch 1 [29]. |
Sec 138A | Ins 2006 No 128, Sch 4.1 [1] (transferred from the Crimes Act 1900 No 40, sec 353AC). Am 2006 No 128, Sch 1 [30] [31]. |
Sec 138B | Ins 2006 No 128, Sch 4.1 [1] (transferred from the Crimes Act 1900 No 40, sec 353AD). |
Sec 138C | Ins 2006 No 128, Sch 4.1 [1] (transferred from the Crimes Act 1900 No 40, sec 353AE). Am 2006 No 128, Sch 1 [32]. |
Part 10, Div 4 (secs 138D–138H) | Ins 2014 No 2, Sch 2. |
Sec 139 | Am 2006 No 57, Sch 2.2 [1] [2]. |
Sec 140 | Am 2006 No 57, Sch 2.2 [3]; 2006 No 128, Sch 1 [33]. |
Sec 142 | Am 2006 No 57, Sch 2.2 [4]; 2006 No 128, Sch 1 [34]; 2014 No 31, Sch 3 [4]. |
Sec 143 | Am 2014 No 31, Schs 2 [8], 3 [5] [6]. |
Sec 144 | Am 2015 No 15, Sch 2.30. |
Sec 148 | Am 2012 No 32, Sch 2.2; 2012 No 81, Sch 1; 2012 No 91, Sch 3; 2019 No 20, Sch 1.14[1]; 2022 No 10, Sch 2.4. |
Part 11, Div 3
Rep 2007 No 59, Sch 1 [11].
Secs 151–164
Rep 2007 No 59, Sch 1 [11].
Sec 165
Am 2003 No 27, Sch 11. Rep 2007 No 59, Sch 1 [11].
Secs 166–182
Rep 2007 No 59, Sch 1 [11].
Sec 183
Am 2003 No 13, Sch 1.20. Rep 2007 No 59, Sch 1 [11].
Sec 184
Rep 2007 No 59, Sch 1 [11].
Part 12, heading
Am 2014 No 31, Sch 3 [50]. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, Part 5.5).
Part 12, note
Am 2009 No 56, Sch 2.28 [1]. Subst 2013 No 19, Sch 4.33 [7]. Rep 2014 No 31, Sch 3 [50].
Sec 185
Am 2008 (189), Sch 1.2; 2014 (762), Sch 1. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148A).
Sec 186
Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148B).
Sec 187
Am 2007 No 59, Sch 1 [12]; 2014 No 31, Sch 3 [51]. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148C).
Sec 188
Am 2014 No 31, Sch 3 [51]. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148D).
Sec 189
Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148E).
Sec 189A
Ins 2006 No 79, Sch 2.3 [1]. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148F).
Sec 189B
Ins 2006 No 79, Sch 2.3 [1]. Am 2013 No 19, Sch 4.33 [8]; 2014 No 31, Sch 3 [52] [53]. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148G).
Sec 189C
Ins 2006 No 79, Sch 2.3 [1]. Am 2013 No 19, Sch 4.33 [9]; 2014 No 31, Sch 3 [52] [53]. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148H).
Sec 190
Am 2006 No 79, Sch 2.3 [2]–[4]; 2007 No 94, Sch 2. Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148I).
Sec 191
Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148J).
Sec 192
Rep 2014 No 31, Sch 3 [54] (transferred to the Road Transport Act 2013 No 18, sec 148K).
Sec 197
Am 2003 No 82, Sch 2.15 [2]; 2007 No 97, Sch 2 [1].
Sec 198
Am 2006 No 128, Sch 1 [35]. Subst 2007 No 97, Sch 2 [2]. Am 2009 No 27, Sch 1.8 [5]; 2011 No 12, sec 3; 2011 No 28, Sch 2.2 [1] [2]; 2014 No 31, Sch 2 [12].
Sec 198A
Ins 2007 No 97, Sch 2 [3]. Am 2014 No 31, Sch 2 [13]; 2018 No 29, Sch 1.17 [8].
Sec 200
Subst 2016 No 7, Sch 3 [2]. Am 2025 No 10, Sch 2[1] [2].
Sec 200A
Ins 2014 No 31, Sch 3 [55].
Part 15
Subst 2014 No 31, Sch 2 [1].
Sec 201
Am 2003 No 85, Sch 6 [5] [6]; 2006 No 128, Sch 1 [36]–[42]; 2007 No 97, Sch 2 [4] [5]; 2009 No 8, Sch 1 [45]; 2011 No 28, Sch 2.2 [3]; 2011 No 45, Sch 1 [6]. Subst 2014 No 31, Sch 2 [1].
Secs 202, 203
Rep 2003 No 85, Sch 6 [7]. Ins 2014 No 31, Sch 2 [1].
Sec 204
Subst 2014 No 31, Sch 2 [1].
Secs 204A, 204B
Ins 2014 No 31, Sch 2 [1].
Part 16, heading
Am 2007 No 97, Sch 2 [6].
Sec 206
Am 2011 No 28, Sch 2.2 [4].
Sec 209
Subst 2005 No 103, Sch 5 [8]. Am 2006 No 128, Sch 1 [43].
Part 16A
Ins 2006 No 61, Sch 1 [5].
Sec 210A
Ins 2006 No 61, Sch 1 [5].
Sec 210B
Ins 2006 No 61, Sch 1 [5]. Am 2007 No 94, Schs 1.57 [1] [2], 3.
Sec 210C
Ins 2006 No 61, Sch 1 [5]. Am 2007 No 94, Sch 1.57 [3]–[5].
Secs 210D–210J
Ins 2006 No 61, Sch 1 [5].
Part 16B
Ins 2017 No 62, Sch 1.5.
Secs 210K, 210L
Ins 2017 No 62, Sch 1.5.
Sec 210M
Ins 2017 No 62, Sch 1.5. Am 2018 No 87, Sch 1.19.
Sec 210N
Ins 2017 No 62, Sch 1.5. Am 2019 No 20, Sch 1.14[2].
Secs 210O, 210P
Ins 2017 No 62, Sch 1.5.
Sec 211
Am 2007 No 80, Sch 2.15 [6]; 2013 No 81, Sch 2.2 [2].
Sec 212
Am 2018 No 29, Sch 2.10 [2]–[4].
Sec 213
Am 2007 No 80, Sch 2.15 [7]; 2007 No 94, Sch 2; 2018 No 29, Sch 2.10 [2].
Sec 214
Am 2007 No 94, Sch 2; 2018 No 29, Sch 2.10 [2].
Sec 215
Am 2017 No 44, Sch 1.16 [1].
Sec 216
Am 2016 No 6, Sch 3; 2015 No 24, Sch 8.24 [1].
Sec 219
Am 2010 No 57, Sch 1.13 [1] [2].
Sec 229
Am 2007 No 94, Sch 1.57 [6]; 2013 No 80, Sch 10.
Sec 231A
Ins 2024 No 5, Sch 4.
Sec 234
Am 2007 No 94, Sch 2; 2016 No 16, Sch 5 [2]; 2023 No 7, Sch 1.12[3].
Sec 235
Subst 2017 No 22, Sch 3.40.
Sec 237A
Ins 2022 No 47, Sch 1[7].
Sec 238
Am 2022 No 46, Sch 3[3]; 2022 No 47, Sch 1[8]; 2023 No 7, Sch 1.12[4].
Sec 240
Rep 2007 No 27, Sch 5.
Sec 242
Am 2006 No 128, Sch 1 [44]; 2009 No 8, Sch 1 [46] [47]; 2009 No 23, Sch 2 [17]–[19]. Subst 2016 No 61, Sch 6.32 [8].
Sec 242A
Ins 2009 No 8, Sch 1 [48]. Am 2009 No 23, Sch 2 [20]–[22]; 2016 No 61, Sch 6.32 [9] [10].
Sec 242B
Ins 2011 No 45, Sch 1 [7]. Am 2016 No 61, Sch 6.32 [11] [12].
Sec 243
Am 2006 No 128, Sch 1 [45].
Sch 1
Am 2005 No 11, Sch 3.18 [4]; 2007 No 8, Sch 7.6; 2007 No 64, Sch 2.5 [2] [3]; 2009 No 27, Sch 1.8 [6]; 2010 No 73, Sch 2.4; 2013 No 19, Sch 4.33 [10]; 2013 No 71, Sch 3.1; 2014 No 5, Sch 2.22 [4].
Sch 2
Am 2003 No 3, Sch 2.5; 2003 No 4, Sch 1.6; 2003 No 12, Sch 2.3; 2003 No 18, Sch 3.3; 2003 No 38, Sch 2.13; 2003 No 45, Sch 2.8; 2003 No 65, Sch 7 [1]; 2003 No 69, Sch 6.4 [1]; 2003 No 82, Sch 2.15 [3]; 2004 No 4, Sch 4.11 [1] [2]; 2004 No 7, Sch 2.1 [1]; 2004 No 16, Sch 2.5 [1]; 2004 No 21, Sch 2.1 [1]; 2004 No 70, Sch 3.3; 2004 No 112, Sch 6.4 [1]; 2005 No 11, Sch 3.18 [5]; 2005 No 97, Sch 2.3; 2005 No 101, sec 5; 2005 No 115, Sch 3.5; 2006 No 59, Sch 7.9; 2006 No 104, Sch 3.6; 2006 No 112, Sch 3; 2006 No 113, Sch 2.3; 2007 No 69, Sch 2.3; 2007 No 92, Sch 4.10; 2008 No 58, Sch 2.3; 2008 No 73, Sch 7.2; 2008 No 94, Sch 2.2; 2008 No 95, Sch 2.5; 2008 No 97, Sch 4.5; 2008 No 114, Schs 2.12 [2], 3.3; 2008 No 121, sec 4; 2009 No 7, Sch 3.9; 2009 No 56, Sch 2.28 [2]; 2009 No 108, Sch 1.4; 2010 No 6, Sch 2.8; 2010 No 34, Sch 2.30; 2010 No 122, Sch 3.3; 2010 No 127, Sch 4.13; 2011 No 19, Sch 2.2; 2011 No 54, Sch 2.2; 2011 No 59, Sch 2.6; 2011 No 67, Sch 4.16; 2011 No 72, Sch 5.6; 2012 No 49, Sch 2.3; 2012 No 66, Sch 5.8; 2012 No 74, Sch 3.5; 2012 No 82, Sch 2.9; 2012 No 85, Sch 2; 2012 No 95, Sch 2.19 [1] [2]; 2012 No 96, Sch 4.16; 2013 No 19, Sch 4.33 [11]; 2013 No 51, Sch 7.26; 2013 No 73, Sch 3.4; 2013 No 97, Sch 3.9; 2013 No 105, Sch 6.5; 2013 No 107, Sch 3.6; 2014 No 26, Sch 3.7; 2014 No 60, Sch 2.2; 2014 No 74, Sch 3.15; 2014 No 88, Sch 2.34; 2015 No 7, Sch 2.27; 2015 No 12, Sch 3.5; 2015 No 14, Sch 2.1; 2015 No 24, Sch 8.24 [2]–[4]; 2015 No 26, Sch 3.3; 2015 No 40, Sch 3.4; 2015 No 48, Sch 1.15; 2015 No 58, Sch 2.16 [1]–[3]; 2016 No 23, Sch 3.2; 2016 No 28, Sch 3.2; 2016 No 34, Sch 7.3; 2016 No 37, Sch 1.2; 2016 No 52, Sch 2.4; 2016 No 61, Sch 6.32 [13] [14]; 2017 No 15, Sch 2.11; 2017 No 44, Sch 1.16 [2]; 2017 No 10, Sch 5.7; 2017 No 17, Sch 4.48; 2017 No 63, Sch 4.26; 2017 No 69, Sch 2.7; 2018 No 5, Sch 2.9; 2018 No 7, Sch 1.8 [1]–[3]; 2018 No 11, Sch 3.9; 2018 No 25, Sch 3.10; 2018 No 44, Sch 2.5; 2018 No 49, Sch 2; 2018 No 59, Sch 5.1; 2018 No 60, Sch 2.4; 2018 No 63, Sch 3.9; 2019 No 1, Sch 2.18; 2019 No 7, Sch 1.6; 2019 No 25, Sch 5.26; 2020 No 7, Sch 2.4; 2020 No 9, Sch 2.3; 2020 No 25, Sch 2.5; 2020 No 32, Sch 9.5; 2021 No 26, Sch 2.8; 2022 No 10, Sch 2.4; 2022 No 11, Sch 2.1; 2022 No 20, Sch 2; 2023 No 30, Sch 2.7[1]; 2024 No 10, Sch 2.3; 2024 No 33, Sch 3; 2024 No 39, Sch 4.2; 2024 No 90, Sch 5; 2025 No 14, Sch 3.5[1] [2].
Sch 4
Am 2003 No 65, Sch 7 [2]; 2003 No 69, Sch 6.4 [2]; 2004 No 7, Sch 2.1 [2]; 2004 No 16, Sch 2.5 [2]; 2004 No 21, Sch 2.1 [2]; 2004 No 91, Sch 2.43; 2004 No 112, Sch 6.4 [2]; 2005 No 11, Sch 3.18 [6]; 2005 No 50, Sch 2.2; 2006 No 58, Sch 2.28 [1]–[3]. Rep 2007 No 27, Sch 5.
Sch 5, heading
Am 2007 No 14, Sch 3.3 [1].
Sch 5
Am 2003 No 85, Sch 6 [8] [9]; 2005 No 119, Sch 1 [10]; 2006 No 61, Sch 2 [6]; 2006 No 128, Sch 1 [46] [47]; 2007 No 14, Sch 3.3 [2] [3]; 2007 No 59, Sch 1 [13] [14]; 2007 No 97, Sch 2 [7]; 2008 No 30, Sch 1 [6]; 2009 No 8, Sch 1 [49] [50]; 2009 No 23, Sch 2 [23]; 2011 No 45, Sch 1 [8]; 2014 No 31, Sch 2 [14] [15]; 2016 No 7, Sch 3 [3].
The whole Act (except Sch 4)
Am 2006 No 94, Sch 3.21 [1] (“NSW Police” omitted wherever occurring, “the NSW Police Force” inserted instead).
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