Police Regulation (Amendment) Act 1943 (NSW)

108                Police Regulation (Amendment) Act.

POLICE REGULATION (AMENDMENT) ACT.

Act No. 5, 1943.

George VI. An Act to make certain provisions for insuring

No.̂ 943. secrecy of the police wireless code; for this purpose to amend the Police Regu­ lation Act, 1899-1941, in certain respects; and for purposes connected therewith. [Assented to, 14th May, 1943.]

131^ enacted by the King’s Most Excellent Majesty,

II by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short title	1, (1) This Act may be cited as the “ Police Regula­
and

citation. tion (Amendment) Act, 1943.”

(2) The Police Regulation Act, 1899, as amended

by subsequent Acts and by this Act, may be cited as the

Police Regulation Act, 1899-1943.

Amendment	2. The Police Regulation Act, 1899-1941, is amended by
of Act No.

20,1899.	inserting next after section seventeen the following new
New sec.	section:—
17a.

Penalty for 17a. (1) Any person (other than an officer of the

unlawful	Police Department who, by reason of or in the course
of police
possession	of his employment as such an officer, has access to the
wireless	police wireless code or is engaged in the performance

code. , of duties relating to or associated with the use or operation of the police wireless code) who has in his possession or within his control, without the per­ mission of the Commissioner, a copy of the police wireless code or any part thereof or a document which purports to be a copy of such code or any part thereof, shall be guilty of aii offence and shall be liable, if a corporation, to a penalty not exceeding two hundred pounds or, if an individual, to a penalty not exceeding one hundred pounds or to imprison­ ment for a period not exceeding six months.

' ( 2 )

Police Regulation (Amendment) Act. 109

(2) If a copy of tlio police wireless code, or No. 5,1943.

any part thereof, or a document which purports to be a copy of such code or any part thereof, is, without the permission of the Commissioner, in any house, office or building or in any vehicle or vessel or in ally other place whatsoever, whether of the same or a different kind, the occupier or the person having the immediate possession or control of such house, office, building, vehicle, vessel or place, shall be guilty of an offence and shall be liable, if a corpora­ tion, to a penalty not exceeding two hundred pounds or, if an individual, to a penalty not exceeding one hundred pounds or to imprisonment for a period not exceeding six months.

In any case where the person charged with an offence against this section is an individual, it shall be a sufficient defence if such person proves that he did not know and had no reasonable grounds for suspecting that the copy or document was in the house, office, building, vehicle, vessel or place.

(3) Where any act which by this section is declared to be an offence and which is committed by a corporation is proved to have been committed with the knowledge, consent or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other officer of the corporation, he, as ■well as the corporation, shall be deemed to be guilty of the offence, and shall be liable to be proceeded against and punished accordingly.

(4) Where any person is convicted in any proceedings for an offence against this section the copy or document the subject of the proceedings shall be delivered to the Commissioner.

(5) If information is given on oath to a cf.ActNo.

justice that there is reasonable ground for believing

that anj" copy of the police wireless code or any part '	‘
thereof or any document purporting to be a copy of such code or any part thereof is in or upon any house, office, building, vehicle, vessel or place in contravention of subsection two of this section, such justice may by special warrant under his hand directed to any member of the police force, authorise

Euch

110                Police Regulation (Amendment) Act.

No. 5, 1943.	such member of the police force to enter and search such house, office, building, vehicle, vessel or place- and all persons found therein and to take possession of any such copy or document.
cf. Act No.
48,1941,	(6) (a) A person who, by reason of or in the course of his employment as an officer of the Police Department, has access to the police wireless code or is engaged in the performance of duties relat­ ing to or associated with the use or operation of the police wireless code, shall not, either directly or indirectly, except in the performance of his duties,, and either while he is or after he ceases to be so employed, make a record of or divulge or communi­ cate to any person any information respecting the police wireless code or the use or operation thereof.
s. 8.
(b) Any person who contravenes the provisions of paragraph (a) of this subsection shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for a period not exceed­ ing six months.
Where the contravention of this section is com­ mitted by a person who is, at the time of such contravention, an officer of the Police Department he shall be liable, in addition to such penalty or imprisonment, to any penalty or punishment pro­ vided for in any Act, regulation or rule relating to his employment.
(7) In this section the expression “ officer of the Police Department” includes a member of the police force, a police cadet, a member of the police reserve appointed under Part I I a of this Act, an officer or employee within the meaning of the Public Service Act, 1902, as amended by subse­ quent Acts, who is employed in the Police Depart­ ment, and a special constable appointed under the Police Offences Act, 1901, as amended by subsequent Acts, who is employed in the Police Department.

DISORDERLY