Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to implement a time saving proposal identified in an ongoing
review aimed at streamlining the police charging process.

At present, section 131 (2) (d) of the Law Enforcement (Powers and Responsibilities)
Act 2002 requires the custody manager for a detained person to record details of any
property taken from the person in the custody record for the person. The Bill amends
that Act to remove this requirement to itemise the property in detail and enables the
making of regulations to provide instead for the property to be dealt with by being
placed in clear tamper-proof bags.

The Bill also amends the Law Enforcement (Powers and Responsibilities) Regulation
2005 to require property taken from a detained person to be placed in a tamper-proof
bag and for the placement of property in the bag to be verified by the detained person
by signing the bag. The custody record will then simply record the facts relating to
placement of the property in the bag and the detained person’s verification of the
placement.

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 to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Law
Enforcement (Powers and Responsibilities) Act 2002 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Law
Enforcement (Powers and Responsibilities) Regulation 2005 set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Law Enforcement
(Powers and Responsibilities) Act 2002
Schedule 1 contains the amendments to the Law Enforcement (Powers and
Responsibilities) Act 2002 described in the Overview above.

Schedule 2 Amendment of Law Enforcement
(Powers and Responsibilities)
Regulation 2005
Schedule 2 contains the amendments to the Law Enforcement (Powers and
Responsibilities) Regulation 2005 described in the Overview above.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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