Law Enforcement (Powers and Responsibilities) Regulation 2016

This Regulation is the Law Enforcement (Powers and Responsibilities) Regulation 2016.

This Regulation commences on 1 September 2016 and is required to be published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Law Enforcement (Powers and Responsibilities) Regulation 2005, which is repealed on 1 September 2016 by section 10(2) of the Subordinate Legislation Act 1989.

In this Regulation—

child has the meaning given by clause 27.

detained person means a person who is detained under Part 9 of the Act.

impaired intellectual functioning, in relation to a person, has the meaning given by clause 27.

impaired physical functioning, in relation to a person, has the meaning given by clause 27.

Part 5 search warrant means a search warrant issued under Division 2 (Police and other law enforcement officers’ powers relating to warrants) of Part 5 of the Act.

protected suspect has the same meaning as in section 110 of the Act.

search warrant means any of the following search warrants—

a Part 5 search warrant (other than a covert search warrant or a criminal organisation search warrant),

a covert search warrant,

a criminal organisation search warrant,

a search warrant issued under section 86 (Police may enter and search for firearms) of the Act,

a search warrant issued under Division 1 (Drug premises) of Part 11 of the Act,

a search warrant issued under a provision specified in Schedule 2 (Search warrants under other Acts) to the Act,

a search warrant issued under a provision of, or a provision made under, an Act, being a provision that provides that Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under that provision.

support person means a person who is a support person for the purposes of Division 3 of Part 3.

the Act means the Law Enforcement (Powers and Responsibilities) Act 2002.

vulnerable person has the meaning given by clause 28.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.

Notes included in this Regulation (except in Schedule 1) do not form part of this Regulation.

For the purposes of section 60(1) of the Act—

Part 1 of Form 1 is the form for an application for a Part 5 search warrant (other than a covert search warrant or a criminal organisation search warrant), and

Part 1 of Form 2 is the form for an application for a covert search warrant, and

Part 1 of Form 3 is the form for an application for a criminal organisation search warrant, and

Part 1 of Form 4 is the form for an application for a search warrant other than a Part 5 search warrant, and

Part 1 of Form 5 is the form for an application for a warrant issued under section 83 (Entry by warrant where entry denied) of the Act, and

Part 1 of Form 6 is the form for an application for a crime scene warrant issued under Part 7 of the Act, and

Part 1 of Form 7 is the form for an application for a warrant issued under Division 2 (Use of drug detection dogs) of Part 11 of the Act,

(Repealed)

An application for a notice to produce documents issued under Division 3 of Part 5 of the Act is to be made in the form of Part 1 of Form 8.

An application for a warrant issued under section 103 (Warrant for arrest of person unlawfully at large) of the Act is to be made in the form of Part 1 of Form 9.

An application for a detention warrant issued under Part 9 of the Act is to be made in the form of Part 1 of Form 10.

For the Act, sections 76AC(2) and 76AD(2), an application for a digital evidence access order is to be in the form set out in Schedule 1, Form 33, Part 1.

For the Act, section 76AF(1)(f), an application for a digital evidence access order must include information about whether the applicant reasonably believes the specified person is under the age of 18 years.

For the Act, sections 80C(2) and 80D(2), an application for a DECCD access order is to be in the form set out in Schedule 1, Form 34, Part 1.

For the Act, section 80F(1)(d), an application for a DECCD access order must include information about whether the applicant reasonably believes the person in relation to whom it is proposed the DECCD access order will be issued is under the age of 18 years.

A record is to be made by or on behalf of an eligible issuing officer, in relation to each application for a warrant dealt with by the officer, in the following form—

in the case of an application for a Part 5 search warrant (other than a covert search warrant or a criminal organisation search warrant)—Part 2 of Form 1,

in the case of an application for a covert search warrant—Part 2 of Form 2,

in the case of an application for a criminal organisation search warrant—Part 2 of Form 3,

in the case of an application for a search warrant other than a Part 5 search warrant—Part 2 of Form 4,

in the case of an application for a warrant issued under section 83 (Entry by warrant where entry denied) of the Act—Part 2 of Form 5,

in the case of an application for a crime scene warrant issued under Part 7 of the Act—Part 2 of Form 6,

in the case of an application for a warrant issued under Division 2 (Use of drug detection dogs) of Part 11 of the Act—Part 2 of Form 7,

in the case of an application for a notice to produce documents issued under Division 3 of Part 5 of the Act—Part 2 of Form 8,

in the case of an application for a warrant issued under section 103 (Warrant for arrest of person unlawfully at large) of the Act—Part 2 of Form 9,

in the case of an application for a detention warrant issued under Part 9 of the Act—Part 2 of Form 10.

For the Act, section 238(3)(a), an eligible issuing officer must keep a record of each application for a digital evidence access order in the form set out in Schedule 1, Form 33, Part 2.

For the Act, section 238(3)(c), a Magistrate must keep a record of each application for a DECCD access order in the form set out in Schedule 1, Form 34, Part 2.

For the purposes of section 66 of the Act—

Form 11 is the form for a Part 5 search warrant (other than a covert search warrant or a criminal organisation search warrant), and

Form 12 is the form for a covert search warrant, and

Form 13 is the form for a criminal organisation search warrant, and

Form 14 is the form for a search warrant other than a Part 5 search warrant, and

Form 15 is the form for a warrant issued under section 83 (Entry by warrant where entry denied) of the Act, and

Form 16 is the form for a crime scene warrant issued under Part 7 of the Act, and

Form 17 is the form for a detention warrant issued under Part 9 of the Act, and

Form 18 is the form for a warrant issued under Division 2 (Use of drug detection dogs) of Part 11 of the Act, and

Form 19 is the form for a notice to produce documents issued under Division 3 of Part 5 of the Act.

A warrant under section 103 (Warrant for arrest of person unlawfully at large) of the Act is to be issued in the form of Form 20.

For the Act, section 76AK(1), a digital evidence access order is to be in the form set out in Schedule 1, Form 35.

For the Act, section 80K(1), a DECCD access order is to be in the form set out in Schedule 1, Form 36.

For the purposes of section 67(2)(a) of the Act—

Form 21 is the form for an occupier’s notice in relation to a Part 5 search warrant (other than a covert search warrant or a criminal organisation search warrant), and

Form 22 is the form for an occupier’s notice in relation to a covert search warrant, and

Form 24 is the form for an occupier’s notice in relation to a criminal organisation search warrant, and

Form 25 is the form for an occupier’s notice in relation to a search warrant other than a Part 5 search warrant, and

Form 26 is the form for an occupier’s notice in relation to a crime scene warrant issued under Part 7 of the Act.

Note.

An occupier’s notice is not required to be issued in connection with a search warrant issued under section 86 (Police may enter and search for firearms) of the Act.

An adjoining occupier’s notice under section 67B of the Act may be in or to the effect of Form 23.

A person who seizes a thing while executing a search warrant other than a covert search warrant, or a crime scene warrant issued under Part 7 of the Act, in any premises must provide the occupier of the premises with a receipt acknowledging seizure of the thing if the occupier is then present and it is reasonably practicable to do so.

A person who seizes a dangerous article under section 85 or 87 of the Act while executing a warrant issued under section 83 of the Act in any premises must provide the occupier of the premises with a receipt acknowledging seizure of the thing if the occupier is then present and it is reasonably practicable to do so.

A copy of a receipt issued under this clause, in relation to a thing seized while executing a warrant, is to be attached to the report about the execution of the warrant that is referred to in clause 11(1).

A person who seizes a thing while executing a covert search warrant must, at the time the occupier’s notice under section 67 of the Act is served (the time of notification) on the person who was the occupier of the subject premises at the time the warrant was executed, provide the occupier of the premises with a receipt acknowledging seizure of the thing.

However, any such receipt is not required to be provided at the time of notification if an eligible issuing officer issues a certificate to the effect that—

the receipt contains matter—

that could disclose a person’s identity, and

that, if disclosed, is likely to jeopardise that or any other person’s safety, or

the receipt contains matter that, if disclosed, may seriously compromise the investigation of any matter.

A report to an eligible issuing officer under section 74 of the Act about the execution of a warrant (other than a covert search warrant) must be in or to the effect of Form 27 and must contain the particulars required to complete that Form.

A report to an eligible issuing officer under section 74 of the Act about the giving of a notice to produce must be in or to the effect of Form 30 and must contain the particulars required to complete that Form.

A report to an eligible issuing officer under section 74A of the Act about the execution of a covert search warrant must be in or to the effect of Form 28 and must contain the particulars required to complete that Form.

A report to an eligible issuing officer under section 74A of the Act about the return or retrieval of a thing under section 49A of the Act must be in or to the effect of Form 29 and must contain the particulars required to complete that Form.