NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
19APower of police officer to require removal of face coverings for identification purposes
Start here
Get a plain-English read of 19A
Turn the raw legal text into a practical explanation grounded in Law Enforcement (Powers and Responsibilities) Act 2002.
#### 19A Power of police officer to require removal of face coverings for identification purposes
19A Power of police officer to require removal of face coverings for identification purposes
> > (1) A police officer may require a person to remove any face covering worn by the person so as to enable the officer or another police officer to see the person’s face if—
> >
> > > (a) the person has been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to provide photographic identification, or
> >
> > > (b) the person has otherwise been lawfully required (whether under this or any other Act or a statutory instrument) by the officer requiring the removal of the covering to identify himself or herself or provide other identification particulars, or
> >
> > > (c) the person is participating in a protest, demonstration, procession or assembly and the officer reasonably suspects the person may have, or is likely to, commit an offence.
> >
> > Note.
> >
> > Safeguards relating to the exercise of power under this section are set out in Part 15 and subsection (3).
>
> > (2) A requirement may be made of a person under this section based on a lawful requirement of a kind referred to in subsection (1)(a) or (b) whether or not the person has complied with that lawful requirement.
>
> > (3) A police officer who requires a person to remove a face covering under subsection (1)(a) or (b) must, as far as is reasonably practicable, ensure that the following procedures are followed—
> >
> > > (a) the police officer must ask for the person’s co-operation,
> >
> > > (b) the viewing of the person’s face must be conducted—
> > >
> > > > (i) in a way that provides reasonable privacy for the person if the person requests privacy, and
> > >
> > > > (ii) as quickly as is reasonably practicable.
>
> > (4) It is sufficient compliance with a requirement made under subsection (1)(a) or (b) if only so much of the face covering as prevents the person’s face from being seen is removed.
>
> > (5) The removal of a face covering in compliance with a requirement made under this section, or the viewing of a person’s face following any such removal, does not constitute the carrying out of a search of a person for the purposes of this Act.
>
> > (6) In this section—
> >
> > lawfully required means lawfully required or requested to provide the identification or information concerned in circumstances where a failure or refusal to comply with a requirement or request of that kind may constitute an offence.
> >
> > photographic identification includes (but is not limited to) any of the following—
> >
> > > (a) an applicable driver licence (within the meaning of Part 5.1 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) bearing a photograph of its holder,
> >
> > > (b) a Photo Card (within the meaning of the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020)) or any other kind of photo identity card (wherever issued),
> >
> > > (c) a passport (wherever issued),
> >
> > > (d) any other licence, permit or authority bearing a photograph of its holder (wherever issued),
> >
> > > (e) any other identification with a photograph that is identification of a kind prescribed by the regulations.
>
> **s 19A:** Ins 2011 No 45, Sch 1 \[5\]. Am 2013 No 19, Sch 4.33 \[4\]; 2014 No 31, Sch 2 \[6\]; 2025 No 86, Sch 4\[1\] \[2\].