Wearing or possession of police uniforms by others
203 Wearing or possession of police uniforms by others
A person (not being a police officer or a special constable employed under section 81G) who wears or possesses a police uniform is guilty of an offence.
A person (including a police officer) who manufactures or sells police insignia is guilty of an offence.
A person (including a police officer) who uses police insignia otherwise than in the course of, and for the purpose of, exercising the functions of a police officer is guilty of an offence.
A person (including a police officer) who drives or possesses a motor vehicle that is not owned or leased by the State or an authority of the State and that has on it any police insignia is guilty of an offence.
A person is not guilty of an offence under this section if—
the act or omission constituting the offence is authorised by the regulations or by a licence granted to the person by the Commissioner, or
the person establishes that the person otherwise had the permission of the Commissioner for the act or omission, or
the person establishes that the person had a reasonable excuse for the act or omission.
Without limiting subsection (5), a person is not guilty of an offence under subsection (1) if the person wore or was in possession of the police uniform for the purposes of a public entertainment or in connection with the exercising of functions as a member of the Police Band.
The Commissioner may grant licences for the purposes of this section, with or without conditions, and may vary or revoke any such licences.
In this section—
motor vehicle has the same meaning as in the Road Transport Act 2013.
police insignia means—
any items (being insignia, emblems, logos, devices, accoutrements and other things) that are generally recognised as pertaining to the NSW Police Force or as being used by police officers, or
any parts of any such items, or
any reasonable imitation of any such items or parts, or
any thing or class of thing prescribed by the regulations as being within this definition (whether or not it may already be within this definition),
and includes police uniforms, but does not include any thing or class of thing prescribed by the regulations as being outside this definition.
police uniform means the uniform of a police officer, and includes—
any parts of such a uniform (or any accoutrements of a police officer) that are generally recognised as parts of the uniform or accoutrements of a police officer, or
any reasonable imitation of such a uniform, parts of a uniform or accoutrements.
sell means sell, exchange or let on hire, and includes—
offer, expose, possess, send, forward or deliver for sale, exchange or hire, or
cause, suffer or allow any of the above.
use of police insignia includes use of a reproduction or representation of police insignia.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
This provision refers to the regulations (the regulations
, prescribed by the regulations
). Made under this Act:
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