Police (Special Provisions) Act 1901 (NSW)
An Act to consolidate the Statutes relating to Police Offences.
This Act is the Police (Special Provisions) Act 1901.
The Acts mentioned in the First Schedule hereto are, to the extent therein expressed, hereby repealed, except as to offences committed and things done or commenced before the passing of this Act, which shall be dealt with and continued, and in respect of which every right and liability shall remain, as if this Act had not been passed.
All persons appointed under any Act hereby repealed and holding office at the time of the passing of this Act shall be deemed to have been appointed under this Act.
In this Act, unless the context or subject-matter otherwise indicates or requires:
(Repealed)
(Repealed)
In all cases where it appears to a Magistrate, or any two Justices, that any tumult, riot, or serious indictable offence has taken place, or may be reasonably apprehended in any city, town, or place, and he or they are of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preservation of the peace, and for the protection of the inhabitants and the security of their property, or for the apprehension of offenders, any Magistrate, or any two Justices, may nominate and appoint by precept in writing under his or their hands, so many as he or they think fit of the householders, or other persons (not legally exempt from serving the office of constable) residing in or near to such city, town, or place, to act as special constables for such time and in such manner as to the said Magistrate or Justices seems fit and necessary for the public peace, and for the protection of the inhabitants and the security of the property in or near such city, town, or place.
A Magistrate or any two Justices may, at the request of his employer, or of the council of an area within the meaning of the Local Government Act 1993, and subject to the approval of the Commissioner of Police, in like manner nominate and appoint any person employed as a caretaker, night watchman, or in any similar capacity, or an officer of the Royal Society for the Prevention of Cruelty to Animals, New South Wales, or of any other association, organisation, society or body which has as one of its objects the promotion of the welfare of or the prevention of cruelty to animals and which is registered as a charity under the Charitable Collections Act 1934, as amended by subsequent Acts, as a special constable for such time as such Magistrate or Justices may think fit. A Magistrate or any two Justices may:
(a) (Repealed)
(b) at the request of the Commissioner of Police and subject to the approval of the Minister nominate and appoint any person as a special constable for the State of New South Wales for such time as such Magistrate or Justices may think fit.
The provisions of this Part relating to special constables who have have been called out shall apply to all special constables appointed under this subsection from the time when such constables have taken the oath provided for in subsection (2).
The Commissioner of Police may, whenever he thinks fit, suspend or determine the services of any such special constable. Notice of such suspension or determination of service shall be forthwith sent by the Commissioner of Police to the Minister.
The Magistrate or Justices who appoint any special constables by virtue of this Act are hereby authorised to administer to every person so appointed the following oath, that is to say:
• I, A.B., do swear that I will well and truly serve our Sovereign Lord the King in the office of special constable for the [
city, town, or place, as the case may be ] without favour or affection, malice, or ill-will, and that I will to the best of my power cause the peace to be kept and preserved, and prevent all offences against the persons and properties of His Majesty’s subjects, and that while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law—So help me GOD.
Whenever it is deemed necessary to nominate and appoint such special constables as aforesaid, notice thereof shall be forthwith transmitted by the said Magistrate or Justices to the Minister.
(Repealed)
The Magistrate or Justices who have appointed any special constables under this Act when such special constables have been called out shall have power to make such orders and regulations as may from time to time be necessary and expedient for rendering such special constables more efficient for the preservation of the public peace, and shall also have power to remove any such special constable from his office for any misconduct or neglect of duty therein.
Every special constable appointed under this Act shall have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities as any police officer of the rank of constable duly appointed now has or hereafter may have by virtue of the common law or of any Act or Imperial Act for the time being in force.
Whosoever, being appointed a special constable as aforesaid, refuses to take the oath of a special constable in accordance with section 101, shall be liable to a penalty not exceeding 0.5 penalty unit.
Whosoever:
• being appointed a special constable as aforesaid neglects to appear at the time and place for which he is summoned for the purpose of taking the said oath, or,
• having been appointed and sworn as a special constable as aforesaid, and being called upon to serve, neglects or refuses to serve as such special constable or to obey such lawful orders and directions as may be given to him by the Magistrate, or any Justice, or any chief constable, or inspector of police, or other officer under whose orders he may be placed for the performances of the duties of his office,
shall, unless he proves to the satisfaction of the Justice that he was prevented by sickness or some other unavoidable cause such as shall in the judgment of the said Justice be a sufficient excuse, be liable to a penalty not exceeding 0.5 penalty unit.
The Magistrate or Justices who have appointed any special constables under this Act for any city, town, or place, may, if such special constables have been called out, suspend or determine the services of all such special constables or of so many as to the said Magistrate or Justices shall seem meet.
Notice of such suspension or determination of the services of all or any of the said special constables shall be transmitted forthwith by the said Magistrate or such Justices to the Minister.
Every special constable shall forthwith after the expiration of his office or after he ceases to hold and exercise the same pursuant to this Act, deliver over to his successor, if any such has been appointed, or to such person and at such time and place as may be directed by the Magistrate or such Justices all arms, staves, weapons, and other articles which have been provided for such special constable under this Act.
Any such special constable who omits or refuses so to do shall be liable to a penalty not exceeding 0.5 penalty unit.
Whosoever assaults or resists any special constable whilst in the execution of his office, or promotes, incites, or encourages any other person so to do shall be liable to a penalty not exceeding 2 penalty units or to imprisonment for any term not exceeding six months.
All complaints of offences against this Act shall be heard and determined in a summary manner before a Justice.
(Repealed)
(Repealed)
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