An Act to amend the Police Act 1990 to make further provision for the testing of police officers for the presence of alcohol, prohibited drugs and steroids and with respect to police complaints, to rename NSW Police as the NSW Police Force and to make miscellaneous amendments to the Police Act 1990 and other Acts following a statutory review of the Police Act 1990; and for other purposes.
This Act is the Police Amendment (Miscellaneous) Act 2006.
This Act commences on a day or days to be appointed by proclamation.
The Police Act 1990 is amended as set out in Schedules 1 and 2.
The Acts specified in Schedule 3 are amended as set out in that Schedule.
This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Insert “(or both)” after “urine or hair” in section 211A (1) (b).
Omit the subsection. Insert instead:
An authorised person must require any police officer directly involved in a mandatory testing incident to:
(a) undergo a breath test, or submit to a breath analysis, for the purpose of testing for the presence of alcohol, and
(b) provide a sample of their urine or hair (or both) for the purpose of testing for the presence of prohibited drugs,
in accordance with the directions of the authorised person and the regulations.
Omit “incident” wherever occurring.
Insert instead “mandatory testing incident”.
Insert after section 211A (4D):
A police officer of or above the rank of superintendent may direct any off duty police officer to accompany another police officer to any police premises to report for duty to provide a sample of the off duty police officer’s urine or hair (or both) for the purpose of testing for the presence of prohibited drugs. The selection of police officers for testing pursuant to this subsection is to be conducted on a targeted basis, as determined by the Commissioner.
A police officer directed to accompany another police officer pursuant to subsection (4E) must not refuse to do so without reasonable excuse.
For the purposes of subsection (4E), a police officer is taken to be
Insert after section 211A (5) (h):
the circumstances amounting to reasonable excuse for failing to…