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appendices
appendix 12 LEGISLATIVE CHANGES
On 15 July 2011 the Child Protection (Offenders Prohibition Orders) Regulation 2007 was amended to recognise and give effect to certain child
protection orders made under Queensland and South Australian legislation that are similar in nature to child protection orders made under section
5 of the Child Protection (Offenders Prohibition Orders) Act 2004.
On 12 August 2011 the Weapons Prohibition Regulation 2009 was amended to make it clear that silencers are subject to level 2 safe keeping
requirements imposed under the Weapons Prohibition Act 1998.
On 1 September 2011 the Children (Criminal Proceedings) Regulation 2011 commenced. The Regulation contains several significant procedural
amendments, particularly in relation to Coordination Groups and quorum requirements for meetings.
On 1 September 2011 the Drug Misuse and Trafficking Regulation 2006 was repealed and replaced by the Drug Misuse and Trafficking Regulation
2011. Apart from some minor changes, the New Regulation simply remade the old Regulation.
On 1 September 2011 the Terrorism (Police Powers) Regulation 2005 was repealed and replaced by the Terrorism (Police Powers) Regulation 2011,
in accordance with the statutory five year repeal and replacement of subordinate legislation.
On 1 September 2011 the Sydney Harbour Foreshore Authority Regulation 2006 was repealed and replaced by the Sydney Harbour Foreshore
Authority Regulation 2011, in accordance with the statutory five year repeal and replacement of subordinate legislation.
On 30 September 2011 the Summary Offences Act 1988 was amended to create a new offence for a person who has been given a move-on
direction for being intoxicated and disorderly in a public place, to be intoxicated and disorderly in that (or any other) public place at any time
within six hours of the direction being given. The maximum penalty for the new offence is six penalty units. The new offence may also be dealt
with by way of penalty notice with the penalty amount being $200.
On 30 September 2011 the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) was amended to allow police to issue move on
directions for disorderly behaviour. Further, police may detain an intoxicated person under Part 16 of LEPRA other than for the purposes of taking
proceedings for the new offence.
On 1 November 2011 the Law Enforcement (Powers and Responsibilities) Act 2002 was amended to allow a police officer to require, in certain
circumstances, a person to remove a face covering to enable the officer or another police officer to see the person’s face for identification
purposes; and to allow a police officer to request that a person disclose their identity where the officer proposes to give the person a direction
under LEPRA to leave a place. There is no power for police to forcibly remove a face covering if the wearer refuses to do so.
On 16 November 2011 the Crimes (Sentencing Procedure) Act 1999 was amended to make it an aggravating factor to be taken into account in
sentencing an offender for certain traffic offences if the offence is committed while a child under 16 years of age is a passenger in the offender’s
vehicle (or if the offence is connected with the driving of a vehicle with such a passenger). The traffic offences concerned include drink driving,
drug driving, driving in a police pursuit, dangerous driving under the influence of alcohol or drugs, and failing to undergo a test for alcohol or drugs.
On 25 November 2011 the Drug and Alcohol Treatment Regulation 2009 was repealed. The Regulation prescribed the local government areas
in which the provisions of the Drug and Alcohol Treatment Act 2007 applied. The repeal means that the Act now does not apply and that the
provisions of the Inebriates Act 1912 now apply as they did before the commencement of the Regulation.
On 1 December 2011 the Liquor Act 2007 was amended substituting the list of licensed premises subject to special licence conditions under
that Act.
On 2 December 2011 the Crimes (Sentencing Procedure) Regulation 2010 was amended. The amendments meant that the court cannot accept
a negotiated plea of guilty to an alternative charge where there are agreed facts unless a certificate regarding consultation has been filed.
The certificate must verify that either there has been consultation or set out good reason why consultation could not occur (eg. the victim
declines to speak to police, or is deceased, or cannot be located etc.).
On 2 December 2011 the Road Rules 2008 were amended to exempt a driver of a vehicle engaged in the collection of waste, garbage and related
operations from certain provisions of the rules that require a driver to make a vehicle secure when stopping and leaving the vehicle on the road.
On 16 December 2011 the Evidence (Audio and Audio Visual Links) Regulation 2010 was amended. The amendments meant that a person
who was bail refused over the Christmas holiday period and who was being held in the cells at Penrith Police Station did not need to physically
appear before the court for the determination of their bail application. The Christmas holiday period was from 24 December 2011 until
8 January 2012 (inclusive).
On 25 January 2012 all New South Wales police officers were, by written instrument published in the Commonwealth of Australia Gazette,
appointed as inspectors for the purposes of the Radiocommunications Act 1992 (Cth).
NSW POLICE FORCE
ANNUAL REPORT 2011-12 91