Police Regulation (Deputy Commissioners) Amendment Act 1981 (NSW)

POLICE REGULATION (DEPUTY COMMISSIONERS)

AMENDMENT ACT, 1981, No. 120

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Act No. 120, 1981.

An Act to amend the Police Regulation Act, 1899, to provide for the appointment of an additional Deputy Commissioner of Police and to abolish the office of Senior Assistant Commissioner of Police. [Assented to, 22nd December, 1981.]

See also Miscellaneous Acts (Deputy Commissioners of Police) Amendment Act, 1981.

Act No. 120, 1981. 2

Police Regulation (Deputy Commissioners) Amendment.

BE 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:—

Short title.

1. This Act may be cited as the "Police Regulation (Deputy

Commissioners) Amendment Act, 1981".

Commencement.

2.      (1) This section and section 1 shall commence on the date of assent

to this Act.

(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Amendment of Act No. 20, 1899.

3. The Police Regulation Act, 1899, is amended in the manner set forth

in Schedule 1.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE POLICE REGULATION ACT, 1899.

(1) Section 3—

Omit "the Deputy Commissioner, the Senior Assistant Com- missioner,", insert instead "a Deputy Commissioner".

3   Act No. 120, 1981.

Police Regulation {Deputy Commissioners) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE POLICE REGULATION ACT, 1899—continued.

(2) (a) Section 4A C D -

Omit "a Deputy Commissioner", insert instead "not more than

2 Deputy Commissioners".

(b) Section 4A (2), (3) , (4 )—

Omit "The Deputy" wherever occurring, insert instead "A

Deputy".

(c) Section 4A (4) —

Omit "the Deputy", insert instead "a Deputy".

(d) Section 4A ( 4 A ) —

After section 4A (4), insert:—

(4A) The Minister may, by order in writing, nominate one

of the Deputy Commissioners as the Deputy Commissioner
referred to in subsection (5) (a) .

(e) Section 4A (5) ( a )—

Omit "the Deputy Commissioner", insert instead "a Deputy

Commissioner being, where there are 2 Deputy Commissioners,	the Deputy Commissioner nominated by an order for the time
being in force under subsection ( 4 A ) , " .

(f) Section 4A (5) (al)—

After section 4A (5) (a) , insert:—

(a l ) Where there are 2 Deputy Commissioners and the Deputy Commissioner nominated by an order for the time being in force under subsection (4A) is ill or absent or, though on duty, cannot be contacted, the other Deputy Commissioner shall, for the purposes of paragraph (a), be deemed to be the Deputy Commissioner so nominated.

Act No. 120, 1981. 4

Police Regulation (Deputy Commissioners) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE POLICE REGULATION ACT, 1899—continued.

(g) Section 4A (5) (b )—

Omit "the Deputy" wherever occurring, insert instead "a

Deputy".

(3) (a) Section 4B (1)—

Omit "a Senior Assistant Commissioner of Police and".

(b) Section 4B (2)—

Omit "The Senior Assistant Commissioner and each Assistant Commissioner are", insert instead "An Assistant Commissioner is".

(c) Section 4B (3)—

Omit "The Senior Assistant Commissioner and an", insert instead "An".

(4) Section 4c—

Omit the section.

(5) (a) Section 4D (1) (b) —

Omit the paragraph, insert instead:—

(b) be the subject of a direction by the Commissioner or a Deputy Commissioner,

but any such delegation or direction does not prevent the exer- cise or performance by the Commissioner or a Deputy Com- missioner of any power, authority, duty or function so delegated or the subject of such a direction.

(b) Section 4D (2)—

Omit "or Deputy", insert instead "or a Deputy".

5   Act No. 120, 1981.

Police Regulation {Deputy Commissioners) Amendment.

SCHEDULE I—continued.

AMENDMENTS TO THE POLICE REGULATION ACT, 1899—continued.

(c) Section 4D (3 )—

Omit the subsection, insert instead:—

(3) The Commissioner may revoke a delegation by him under subsection (1) or a direction given by him or a Deputy Commissioner under that subsection, and a Deputy Commis- sioner may revoke a direction given by him under that subsection.

(6) Section 5 (2 )—

Omit "the Deputy Commissioner, the Senior Assistant Commissioner", insert instead "a Deputy Commissioner".

(7) Section 9 C D -

Omit "Senior Assistant Commissioner,".

(8) Section 11A—

Omit "the Deputy Commissioner, the Semor Assistant Commis- sioner", insert instead "a Deputy Commissioner".

(9) Section 1 2 G —

Omit "the Deputy Commissioner, Senior Assistant Commissioner",

insert instead "a Deputy Commissioner".