Police Regulation (Amendment) Act 1971 (NSW)

POLICE REGULATION (AMENDMENT) ACT.

ANNO VICESIMO

ELIZABETHiE U REGINiE

Act No. 57, 1971.

An Act to provide for the appointment of a Deputy Commissioner of Police and Assistant Com­ missioners of Police; to make certain provisions in respect of other matters affecting the police force; for these purposes to amend the Police Regulation Aet, 1899, and the Police Regulation (Superannuation) Act, 1906; and for purposes connected therewith. [Assented to, 14th December, 1971.]

BE

Police Regulation {Amendment).

No, 57, 1971 O E it enacted by the Queen’s Most Excellent Majesty, by " and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

title ^ncem ent. (Amendment) Act, 1971”.	1 .	( 1 ) This Act may be cited as the “Pohce Regulation
(2) This Act shall commence upon a day to be

appointed by the Governor and notified by proclamation

published in the Gazette.

Amendment

2. The Police Regulation Act, 1899, is amended—

of Act No.

20, 1899.

Sec. 1.	(a) by omitting from section one the following
and

(Short title matter :—

contents.) PART I I a .— P o l ic e R e s e r v e .

Sec. 3.	(b) by inserting in section three after the word
(Interpre­

tation.)

“Commissioner,” the words “the Deputy Commis­

sioner, the Senior Assistant Commissioner,” ;

Sec. 4.	(c) by omitting paragraph (d) of subsection five of
(ApTKMnt-

ment and	section four and by inserting in Ueu thereof the
authority	following paragraph :—
of Commis­

sioner.)	(d)	becomes a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act, 1958;
Subst. sec.

4a and (d) by omitting section 4a and by inserting in lieu

new secs.

thereof the following sections :—

4b, 4c and

4d.

Appoint­	4a. (1) The Governor may from time to time
ment and

authority iippoint a Deputy Commissioner of Police.

of Deputy Commis­ sioner. (2)

Police Regulation {Amendment).

(2) The Deputy Commissioner shall No. 57, 1971

receive such remuneration as the Governor may

determine.

(3) The Deputy Commissioner may

continue in the police force until the day upon which he attains the age of sixty-five years unless he is sooner retired by the Governor acting upon the recommendation of the Minister or after attaining the age of sixty years he sooner retires.

(4) The Deputy Commissioner shall

exercise and perform such of the powers, authorities, duties and functions of the Commissioner as the Commissioner may from time to time direct either generally or in any special case and any power, authority, duty or function so exercised or performed by the Deputy Commissioner shall be as valid and effectual as if exercised or performed by the Commissioner.

(5) (a) During the illness or absence of

the Commissioner or whenever the Commissioner though on duty cannot be contacted or whenever there is a vacancy in the office of Commissioner the Deputy Commissioner shall have and may exercise and perform the powers, authorities, duties and functions conferred or imposed on the Commis­ sioner by or under this or any other Act.

(b) No person shall be concerned to enquire whether or not any occasion has arisen requiring or authorising the Deputy Commissioner to act in the place of the Commissioner and all acts and things done or omitted by the Deputy Commissioner while acting as Commissioner shall have the same consequences as if they had been done or omitted by the Commissioner.

4b .

78̂ 0

Police Regulation (Amendment).

No. 57, 1971 4b . (1) The Governor may from time to time

Appoint­	appoint a Senior Assistant Commissioner of Police
ment of	and such number of Assistant Commissioners of
Senior and
other	Police as he may determine to be necessary.
Assistant Commis­ sioners.	(2) The Senior Assistant Commissioner and each Assistant Commissioner shall receive such remuneration as the Governor may determine.
(3) The Senior Assistant Commissioner and an Assistant Commissioner may continue in the police force until the day upon which he attains the age of sixty-two years unless he is sooner retired by the Governor acting upon the recommendation of the Minister or after attaining the age of sixty years he sooner retires.
Authority of
Senior	4c. (1) The Senior Assistant Commissioner Commissioner either generally or in any special case exercise and perform such of the powers, authorities, duties and functions—
Assistant	shall as directed by the Commissioner or Deputy
Commis­
sioner.

(a)	of the Commissioner or Deputy Com­ missioner to which any such direction relates, or
(b)	as may have been delegated by the Com­ missioner to any Assistant Commissioner in pursuance of subsection two of section 4d of this Act.

(2) Any power, authority, duty or function exercised or performed by the Senior Assistant Commissioner in pursuance of any such direction shall be as valid and effectual as if exercised or performed by the Commissioner or Deputy Com­ missioner, as the case may be.

(3)

Police Regulation {Amendment).

(3) (a) During the illness or absence of No. 5 7 ,197i

the Deputy Commissioner or whenever the Deputy Commissioner though on duty cannot be contacted or whenever there is a vacancy in the office of Deputy Commissioner the Senior Assistant Com­ missioner shall have and may exercise and perform the powers, authorities, duties and functions of the Deputy Commissioner.

(b) During the illness or absence of the Commissioner and Deputy Commissioner or whenever the Commissioner and Deputy Com­ missioner though on duty cannot be contacted or whenever there is a vacancy in the offices of Com­ missioner and Deputy Commissioner the Senior Assistant Commissioner shall have and may exer­ cise and perform the powers, authorities, duties and functions of the Commissioner.

(c) The provisions of paragraph (b) of subsection five of section 4a of this Act shall apply, mutatis mutandis, to the Senior Assistant Commissioner acting as Deputy Commissioner or Commissioner pursuant to paragraph (a) or (b) of this subsection.

4d. (1) An Assistant Commissioner shall have Authority

and may exercise and perform such powers,

authorities, duties and functions as may from time sioners.

to time—

(a)	be delegated by the Commissioner by instru­ ment in writing to him either generally or in a particular case or class of cases, or
(b)	be the subject of a direction by the Com­ missioner or Deputy Commissioner.

(2)

Police Regulation {Amendment).

No. 57, 1971	(2) Any power, authority, duty or function exercised or performed by an Assistant Com­ missioner who is acting within the scope of any such delegation or direction shall be as valid and effectual as if exercised or performed by the Com­ missioner or Deputy Commissioner, as the case may be.
(3) A delegation or direction under sub­ section two of this section shall be revocable at the will of the Commissioner or Deputy Commissioner as the case may be and any such delegation or direction shall not prevent the discharge, exercise or performance by the Commissioner or the Deputy Commissioner of any power, authority, duty or function so delegated or the subject of any such direction.
(4) An Assistant Commissioner shall, when discharging, exercising or performing any power, authority, duty or function referred to in subsection one of this section, be presumed, in the absence of evidence to the contrary, to be acting within the scope of any such delegation or direction to him.

Sec. 5. (e) by omitting subsections two and three of section

(Appoint­	five and by inserting in lieu thereof the following
ment and
authority of	subsection ;—
superinten­
dent, &c.)	(2) Such superintendents and inspectors shall, subject to the control and authority, and on behalf, of the Commissioner, exercise and perform such powers, authorities, duties and functions as may be conferred or imposed on them by the rules made under this Act or as they may from time to time be directed to exercise and perform by the Commis­ sioner, the Deputy Commissioner, the Senior Assistant Commissioner or an Assistant Commis­ sioner.

Police Regulation {Amendment).

(f)	by omitting section seven and by inserting in lieu No. 57, i97i
thereof the following section ^

7. No person shall be appointed a constable of QuaUfica- police unless he is under the age of thirty-five years, t'ons for of sound constitution, of good character and of con-

of an educational standard satisfactory to the stables.

Commissioner.

(g)

by inserting in section nine next after the wordsec. 9. “Commissioner,” where firstly occurring the words (Oaths to “Deputy Commissioner, Senior Assistant Commis- memberŝ ôf

sion er ,” ;

the police

force.)

(h)

by inserting next after section 12f the following New sec.

new section :— i2o.

12g. Where the Deputy Commissioner, Senior Restric-

Assistant Commissioner or an Assistant Commis­

sioner is retained in the police force after he attains members

the age of sixty years he shall not, except in a J^^edleave

special case approved by the Minister, be permitted after 60th

to take any extended leave during the period of two

years next following the date on which he attains

that age.

(i) by omitting section thirteen;

Sec. 13. (Con­ stables, &c.,

to attend at general and petty ses­

sions and

execute

warrants,

&c.)

(j) (i) by omitting from subsection one of section sec. 15.

fifteen the words “prison, watch-house, or (Penalty

, „ for solicit-

Other ; ingor taking a bribe.)

(ii)

Police Regulation {Amendment).

No. 57, 1971	(ii)	by omitting from the same subsection the word “fifty” and by inserting in lieu thereof the words “one hundred” ;
(iii)	by inserting in subsection two of the same section after the word “takes” the words “or solicits” ;

Sec. 16. (k) by omitting subsection one of section sixteen and

(Exemption	by inserting in lieu thereof the following subsec­
from
tolls.)	tion :—

(1) Every member of the police force on actual

duty and all prisoners under his charge and all means of transport exclusively used in carrying or conveying such member of the police force or his prisoners shall be exempt from payment of any tolls or dues in passing any toll-gate or using any bridge or ferry.

Sec. 17a.	(1) by omitting from subsection seven of section 17a
for unlaw­

(Penalty	the words “a member of the police reserve appointed
ful posses­	under Part IIa of this Act,” ;
sion of police wireless
code.)

Sec. 18. (m) (i) by omitting from subsection one of section

(Four	eighteen the words “other member of the
weeks’
notice of	police force under whom he is placed, or
resignation	unless he gives to such member of the police
to be given.)	force three months’ ” and by insertmg in lieu thereof the words “unless he gives four weeks’ ” ;

(ii)   by omitting from subsection two of the same section the word “forty” and by inserting in lieu thereof the words “one hundred” ;

Sec. 19. (n) by omitting from section nineteen the words

(Powers and	“horses, saddles, bridles, clothing,” wherever
authorities
to cease	occurring;

upon dis­ missal or resignation.) (o)

Police Regulation {Amendment).

(o) by omitting section twenty;

No. 57, 1971

Sec. 20.

(Disposal of

effects on

intestacy.)

Part IIa.

(p) by omitting Part IIa ;

(Police

Reserve.)

by inserting at the end of section twenty-eight the Sec. 28.

following new subsection : —

(Police

Superannua­

tion and

(2) This subsection applies to the following Reward

members of the police force, that is to say, the Commissioner, the Deputy Commissioner, the Senior Assistant Commissioner, Assistant Com­ missioners, and officers whose services are retained after they have attained the age of sixty years pursuant to section nine of the Police Regulation (Superannuation) Act, 1906.

No deduction pursuant to subsection one of this section from the pay and salary of a member of the police force to whom this subsection applies shall be made—

(a)	in the case of any such member who has attained the age of sixty years before the commencement of the Police Regulation (Amendment) Act, 1971, after the fort­ nightly pay period next after such commencement; or
(b)	in the case of any such member who attains that age after such commencement after the fortnightly pay period next after the date on which he attains that age.

(r) by omitting section thirty-two;

Sec. 32.

(Period of

service, how

calculated.)

(s) by omitting section thirty-three.

Sec. 33.

(Forfeiture

of allowance

in certain

cases.)

Police Regulation {Amendment).

No. 57,1971 3.

A person who immediately before the commencement of this Act held office as an Assistant Commissioner of Police shall subject to the Police Regulation Act, 1899, continue to hold office as such imtU he attains the age of sixty years or he is appointed under section 4a or section 4b of the said Act, whichever event first occurs.

Savings.

Amendment

4. The Police Regulation (Superannuation) Act, 1906,

is amended by inserting at the end of section nine the follow-

Sec. 9.

in g p r o v is o

(Age of

retirement.) Provided that the age of retirement of the Deputy Commissioner of Police, the Senior Assistant Commis­ sioner of Police and an Assistant Commissioner of Police may be as extended by subsection three of section 4a or subsection three of section 4b of the Police Regulation Act. 1899.

MOTOR