Law Enforcement Legislation Amendment (Public Safety) Bill 2005

Law Enforcement Legislation
Amendment (Public Safety) Bill 2005

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

Overview of Bill
The object of this Bill is to provide for a range of law enforcement and other criminal
justice measures to deal with large-scale public disorder in any area for the purposes
of securing public safety. For the purposes of the Bill, a public disorder is a riot or
other civil disturbance that gives rise to a serious risk to public safety, whether at a
single location or resulting from a series of incidents in the same or different
locations. The legislative provisions made by this Bill will generally sunset after 2
years.
Emergency powers—liquor restrictions
The Bill amends the Law Enforcement (Powers and Responsibilities) Act 2002 as
follows:
(a) A senior police officer may authorise police officers to impose an emergency
closure of licensed premises (or a prohibition on the sale or supply of liquor
from any such premises) in an area if it will reasonably assist in preventing or
controlling a large-scale public disorder. Such a closure or prohibition is
limited to a maximum total period of 48 hours.
(b) A senior police officer may establish an emergency alcohol-free zone (in
which drinking or the immediate possession of liquor is prohibited) to assist in
preventing or controlling a large-scale public disorder. The establishment of
such a zone is limited to a maximum total period of 48 hours.
Emergency powers—lockdown areas and roadblocks
The Bill also amends the Law Enforcement (Powers and Responsibilities) Act 2002
to authorise the exercise in public places of special police powers in relation to
large-scale public disorders. The amendments provide for the following:
(a) The Commissioner or a Deputy or Assistant Commissioner of Police may
authorise the use of the special powers in a targeted area (or on a road leading
to an area) if there is a large-scale public disorder occurring (or a threat of such
a disorder in the near future) in the area and is satisfied that the powers are
reasonably necessary to prevent or control the public disorder.
(b) The authorisation may be given for a maximum total period of 48 hours but
may be extended beyond that period with the approval of the Supreme Court.
(c) The special powers include a power to cordon off a targeted area (so as to
prevent persons entering or leaving the area) or to set up a roadblock on
targeted roads (so as to prevent persons travelling by vehicle to participate in
a public disorder). In a targeted area or at a roadblock, police officers may
exercise powers to stop and search persons and vehicles, require persons to
disclose their identity and to seize and detain vehicles, mobile phones and
other communication devices for up to 7 days.
(d) The operation of these and the other emergency powers mentioned above are
to be monitored by the Ombudsman.
Offences of assault, riot and affray
The Bill amends the Crimes Act 1900 as follows:
(a) The maximum penalty for assault is increased (where the assault is committed
during a large-scale public disorder) from 2 years imprisonment to 5 years or
to 7 years if it occasions actual bodily harm.
(b) The maximum penalty for the offence of riot is increased from 10 years
imprisonment to 15 years and for the offence of affray is increased from 5
years imprisonment to 10 years.
Bail—public disorder offences
The Bill amends the Bail Act 1978 to provide a presumption against bail for the
offence of riot or any other offence punishable by imprisonment for 2 years or more
that is committed in the course of the accused participating in a large-scale public
disorder, or that is committed in connection with the exercise of police powers to
prevent or control such a disorder or the threat of such a disorder.
Police powers with respect to vehicles
The Bill also amends the Law Enforcement (Powers and Responsibilities) Act 2002
to make on-going provision for the following police powers (whether or not related
to a public disorder):
(a) Police officers are expressly empowered to stop vehicles for the purpose of
exercising police powers of arrest, detention or search.
(b) Police officers are empowered to require occupants of vehicles connected with
indictable offences to disclose the identity of previous drivers of or passengers
in such vehicles.
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 the date of assent.
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 Crimes Act
1900 set out in Schedule 2.
Clause 5 is a formal provision that gives effect to the amendments to the Bail Act
1978 set out in Schedule 3.
Clause 6 is a formal provision that gives effect to a consequential amendment to the
Criminal Procedure Act 1986 set out in Schedule 4 (relating to the amendments to
the Crimes Act 1900 concerning assault).
Schedules 1–4 contain the amendments referred to in the above Overview.

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.