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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Inclosed Lands, Crimes and Law
Enforcement Legislation Amendment
(Interference) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Inclosed Lands Protection Act 1901 to create an aggravated form of the
offence of unlawful entry on inclosed lands to increase, from $550 to $5,500, the maximum
penalty that is applicable in relation to land on which a business or undertaking is being
conducted and where the offender, while on the lands:
(i) interferes with, or attempts or intends to interfere with, the conduct of the business
or undertaking, or
(ii) does anything that gives rise to a serious risk to the safety of the offender or any other
person on those lands,
(b) to amend the Crimes Act 1900 to extend the meaning of "mine" in connection with the
existing indictable offence (that carries a maximum penalty of imprisonment for 7 years) of
intentionally or recklessly interfering with a mine (including hindering the working of
equipment belonging to a mine) so that it extends to equipment and other things associated
with a mine and to:
(i) a gas or other petroleum extraction site, and
(ii) a mineral, or gas or other petroleum, exploration site, and
(iii) a work construction site for proposed minerals, or gas or other petroleum, extraction,
and
(iv) a former mine at which works are being carried out to decommission the mine or
make it safe,
b2015-026.d06a
Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 [NSW]
Explanatory note
(c) to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to confer additional
search and seizure powers (without warrant) where a police officer suspects on reasonable
grounds that a person has (or a vehicle, vessel or aircraft contains) anything that is intended
to be used to lock-on or secure a person to any plant, equipment or structure for the purpose
of interfering with the conduct of a business or undertaking and that is likely to be used in
a manner that will give rise to a serious risk to the safety of any person,
(d) to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to remove
limitations on the exercise of police powers to give directions in public places to prevent
obstructions of persons or traffic (or harassment or intimidation of or fear to other persons)
in the case of demonstrations, protests, processions or organised assemblies, so that
directions may be given:
(i) if the police officer believes on reasonable grounds that the direction is necessary to
deal with a serious risk to the safety of the person to whom the direction is given or
to any other person, or
(ii) if the demonstration, protest, procession or assembly is obstructing traffic and is not
an authorised public assembly under the Summary Offences Act 1988 in which
persons are participating substantially in accordance with the authorisation, and the
police officer in charge at the scene has authorised the giving of directions.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 amends the Inclosed Lands Protection Act 1901 to give effect to the object in
paragraph (a) above.
Schedule 2 amends the Crimes Act 1900 to give effect to the object in paragraph (b) above.
Schedule 3 [1] amends the Law Enforcement (Powers and Responsibilities) Act 2002 to give
effect to the object in paragraph (c) above.
Schedule 3 [2] amends the Law Enforcement (Powers and Responsibilities) Act 2002 to give
effect to the object in paragraph (d) above.
Page 2
First print
New South Wales
Inclosed Lands, Crimes and Law
Enforcement Legislation Amendment
(Interference) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Inclosed Lands Protection Act 1901 No 33 3
Schedule 2 Amendment of Crimes Act 1900 No 40 4
Schedule 3 Amendment of Law Enforcement (Powers and Responsibilities) Act
2002 No 103 5
b2015-026.d06a
New South Wales
Inclosed Lands, Crimes and Law
Enforcement Legislation Amendment
(Interference) Bill 2016
No , 2016
A Bill for
An Act to amend the Inclosed Lands Protection Act 1901, the Crimes Act 1900 and the Law
Enforcement (Powers and Responsibilities) Act 2002 in relation to interference with mining and
other businesses or undertakings.
Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Inclosed Lands, Crimes and Law Enforcement Legislation 3
Amendment (Interference) Act 2016. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 [NSW]
Schedule 1 Amendment of Inclosed Lands Protection Act 1901 No 33
Schedule 1 Amendment of Inclosed Lands Protection Act 1
1901 No 33 2
Section 4B 3
Insert after section 4A: 4
4B Aggravated unlawful entry on inclosed lands 5
(1) A person is guilty of an offence under this section if the person commits an 6
offence under section 4 in relation to inclosed lands on which any business or 7
undertaking is conducted and, while on those lands: 8
(a) interferes with, or attempts or intends to interfere with, the conduct of 9
the business or undertaking, or 10
(b) does anything that gives rise to a serious risk to the safety of the person 11
or any other person on those lands. 12
Maximum penalty: 50 penalty units. 13
(2) If, on the trial of a person for an offence under this section, the court is not 14
satisfied that the accused is guilty of the offence charged, but is satisfied that 15
the accused is guilty of an offence under section 4, the court may find the 16
accused not guilty of the offence charged but guilty of an offence under 17
section 4, and the accused is liable to punishment accordingly. 18
Page 3
Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 [NSW]
Schedule 2 Amendment of Crimes Act 1900 No 40
Schedule 2 Amendment of Crimes Act 1900 No 40 1
[1] Section 201 Interfering with a mine 2
Insert "structure," after "equipment," in section 201 (c). 3
[2] Section 201 (c) and (d) 4
Insert ", or associated with," after "belonging to" wherever occurring. 5
[3] Section 201 (2) 6
Insert at the end of section 201: 7
(2) In this section, mine includes: 8
(a) a place at which gas or other petroleum is extracted from the ground, 9
and 10
(b) a place at which exploration for minerals, or for gas or other petroleum, 11
is undertaken by mechanical means that disturb the ground, and 12
(c) a place at which works are being carried out to enable the extraction of 13
minerals, or of gas or other petroleum, from the ground, and 14
(d) a former mine at which works are being carried out to decommission the 15
mine or make it safe. 16
Page 4
Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 [NSW]
Schedule 3 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Schedule 3 Amendment of Law Enforcement (Powers and 1
Responsibilities) Act 2002 No 103 2
[1] Part 4 Search and seizure powers without warrant 3
Insert at the end of the Part: 4
Division 7 Additional search and seizure powers in relation to 5
things used to interfere with business or undertaking 6
45A Things to which Division applies 7
This Division applies to anything that is intended to be used to lock-on or 8
secure a person to any plant, equipment or structure for the purpose of 9
interfering with the conduct of a business or undertaking and that is likely to 10
be used in a manner that will give rise to a serious risk to the safety of any 11
person. 12
45B Power to search for and seize things without warrant 13
(1) A police officer may, without warrant, stop, search and detain a person, 14
vehicle, vessel or aircraft if the police officer suspects on reasonable grounds 15
that the person has in his or her possession or under his or her control (or that 16
the vehicle, vessel or aircraft contains) anything to which this Division applies. 17
(2) A police officer may seize and detain all or part of a thing found as a result of 18
a search under this section that the police officer suspects on reasonable 19
grounds is a thing to which this Division applies. 20
45C Forfeiture of things seized 21
(1) A thing seized under this Division is forfeited to the Crown. 22
(2) The Local Area Commander of Police (or such other person as that 23
Commander may direct) may destroy or otherwise dispose of a thing so 24
forfeited in accordance with the directions of the Commissioner. 25
(3) The proceeds from any sale of a thing disposed of under this section are to be 26
paid to the Treasurer for payment into the Consolidated Fund. 27
(4) Part 17 does not apply to a thing seized under this Division and a court does 28
not have jurisdiction on an application under that Part to order the delivery of 29
the thing to the person from whom the thing was lawfully seized or who 30
appears to be lawfully entitled to the thing. 31
[2] Section 200 32
Omit the section. Insert instead: 33
200 Limitation on exercise of police powers under this Part 34
(1) This Part does not authorise a police officer to give a direction in relation to an 35
industrial dispute. 36
(2) Except as provided by subsection (3) or (4), this Part does not authorise a 37
police officer to give a direction in relation to: 38
(a) an apparently genuine demonstration or protest, or 39
(b) a procession, or 40
(c) an organised assembly. 41
Page 5
Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 [NSW]
Schedule 3 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103
(3) A police officer is not precluded from giving a direction in relation to any such 1
demonstration, protest, procession or assembly if the police officer believes on 2
reasonable grounds that the direction is necessary to deal with a serious risk to 3
the safety of the person to whom the direction is given or to any other person. 4
(4) A police officer is not precluded from giving a direction in relation to any such 5
demonstration, protest, procession or assembly that is obstructing traffic if: 6
(a) the demonstration, protest, procession or assembly is not an authorised 7
public assembly for the purposes of Part 4 of the Summary Offences Act 8
1988 or the demonstration, protest, procession or assembly is not being 9
held substantially in accordance with any such authorisation, and 10
(b) the police officer in charge at the scene has authorised the giving of 11
directions under this Part in relation to the demonstration, protest, 12
procession or assembly. 13
Page 6
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