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aw Enforcement (Powers and Responsibilities) Amendment (Detained Person's Property) Bill 2008 No , 2008 A Bill for An Act to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to make further provision with respect to custody of a detained person's property; and to make related amendments. Law Enforcement (Powers and Responsibilities) Amendment (Detained Clause 1 Person's Property) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Law Enforcement (Powers and Responsibilities) 3 Amendment (Detained Person's Property) Act 2008. 4 2 Commencement 5 This Act commences on a day to be appointed by proclamation. 6 3 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 7 No 103 8 The Law Enforcement (Powers and Responsibilities) Act 2002 is 9 amended as set out in Schedule 1. 10 4 Amendment of Law Enforcement (Powers and Responsibilities) 11 Regulation 2005 12 The Law Enforcement (Powers and Responsibilities) Regulation 2005 13 is amended as set out in Schedule 2. 14 5 Repeal of Act 15 (1) This Act is repealed on the day following the day on which this Act 16 commences. 17 (2) The repeal of this Act does not, because of the operation of section 30 18 of the Interpretation Act 1987, affect any amendment made by this Act. 19 Page 2 Law Enforcement (Powers and Responsibilities) Amendment (Detained Person's Property) Bill 2008 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 1 Schedule 1 Amendment of Law Enforcement 1 (Powers and Responsibilities) Act 2002 2 (Section 3) 3 [1] Section 131 Custody records to be maintained 4 Omit section 131 (2) (d). 5 [2] Section 131A 6 Insert after section 131: 7 131A Dealing with property taken from detained person 8 The custody manager for a detained person must ensure that any 9 property taken from that person is dealt with in accordance with 10 the regulations. 11 Page 3 Law Enforcement (Powers and Responsibilities) Amendment (Detained Person's Property) Bill 2008 Schedule 2 Amendment of Law Enforcement (Powers and Responsibilities) Regulation 2005 Schedule 2 Amendment of Law Enforcement 1 (Powers and Responsibilities) 2 Regulation 2005 3 (Section 4) 4 [1] Clause 17A 5 Insert after clause 17: 6 17A Dealing with detained person's property 7 (1) The custody manager for a detained person must ascertain what 8 property the person has with the person when he or she comes 9 into the police station or other place of detention concerned, or 10 had taken from him or her on arrest, and must arrange for 11 safekeeping of the property if it remains at the police station or 12 other place of detention. 13 (2) The custody manager must ensure that all property taken from the 14 detained person is placed in a clear tamper-proof bag of a kind 15 approved by the Commissioner for the purposes of this clause. 16 (3) The property must be placed in the bag under camera surveillance 17 in so far as it is practicable to do so. 18 (4) Unless the detained person is intoxicated or there are other 19 circumstances that make it impossible to do so, the custody 20 manager must ask the detained person to verify that all property 21 taken from the person has been placed in the bag by signing and 22 dating the bag in the manner approved by the Commissioner for 23 the purposes of this clause. 24 (5) The Commissioner may enter into a memorandum of 25 understanding with the Commissioner of Corrective Services 26 with respect to the use of tamper-proof bags under this clause. 27 [2] Clause 21 Additional matters to be recorded in custody record 28 Insert after clause 21 (1) (i): 29 (j) if any property was taken from the person--the date and 30 time that the property was placed in a tamper-proof bag in 31 accordance with clause 17A, 32 (k) the date and time the person verified placement of his or 33 her property in the tamper-proof bag when requested to do 34 so under clause 17A (4) or, if the person refused to verify 35 placement, the fact that the person refused to do so and the 36 reasons (if any) that the person gave for refusing, 37 Page 4 Law Enforcement (Powers and Responsibilities) Amendment (Detained Person's Property) Bill 2008 Amendment of Law Enforcement (Powers and Responsibilities) Regulation Schedule 2 2005 (l) if circumstances made it impossible to request the person 1 to verify placement of property in the tamper-proof bag-- 2 the reasons for not asking the person to verify placement. 3 [3] Clause 21 (2) 4 Omit "matters referred to in section 131 (2) (d) of the Act and". 5 Insert instead "matter referred to in". 6 [4] Schedule 2 Guidelines for custody managers and other police officers 7 Omit clause 2. 8 Page 5
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