Police Service Amendment (Testing for Gunshot Residue) Act 2001 (NSW)

An Act to amend the Police Service Act 1990 to provide for testing police officers for gunshot residue following the discharge of a firearm by a police officer.

1Name of Act

This Act is the Police Service Amendment (Testing for Gunshot Residue) Act 2001.

2Commencement

This Act commences on the date of assent.

3Amendment of Police Service Act 1990 No 47

The Police Service Act 1990 is amended as set out in Schedule 1.

Schedule 1Amendment

(Section 3)

Insert after section 211A:

211ABTesting of police officers for gunshot residue(1)

A person authorised by the Commissioner may direct a police officer to submit to testing for gunshot residue if the officer has, or may have:

• (a)

  discharged a firearm, or

• (b)

  been present when another police officer has, or may have, discharged a firearm.

(2)

A direction under this section (a relevant direction) must be given as soon as practicable after the discharge, or suspected discharge, of the firearm.

(3)

A police officer given a relevant direction must submit to testing for gunshot residue in accordance with the direction and any regulations made for the purposes of this section.

(4)

The regulations may make provision for or with respect to the following matters:

• (a)

  the conduct of testing for gunshot residue,

• (b)

  the devices to be used in conducting testing for gunshot residue,

• (c)

  the procedure for the handling and analysis of test samples,

• (d)

  the accreditation of persons conducting analyses of gunshot residue,

• (e)

  offences relating to interference with testing for gunshot residue or test results,

• (f)

  the confidentiality of test results.