Section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) authorises only police officers (officers of the NSW Police Force) to stop, search and detain persons; it does not apply to officers of the Australian Crime Commission. The question whether financial inability to obtain expert evidence can render that evidence 'fresh' for the purposes of a criminal appeal was left open, though the Court expressed scepticism. Where the Crown produces material in response to subpoena, it is not obliged to draw attention to the precise nature or location of surveillance devices that recorded the material; the defence bears responsibility for examining disclosed material.
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