203Wearing or possession of police uniforms by others

203 Wearing or possession of police uniforms by others

203 Wearing or possession of police uniforms by others

(1) A person (not being a police officer or a special constable employed under section 81G) who wears or possesses a police uniform is guilty of an offence.

(2) A person (including a police officer) who manufactures or sells police insignia is guilty of an offence.

(3) A person (including a police officer) who uses police insignia otherwise than in the course of, and for the purpose of, exercising the functions of a police officer is guilty of an offence.

(4) A person (including a police officer) who drives or possesses a motor vehicle that is not owned or leased by the State or an authority of the State and that has on it any police insignia is guilty of an offence.

(5) A person is not guilty of an offence under this section if—

(a) the act or omission constituting the offence is authorised by the regulations or by a licence granted to the person by the Commissioner, or

(b) the person establishes that the person otherwise had the permission of the Commissioner for the act or omission, or

(c) the person establishes that the person had a reasonable excuse for the act or omission.

(6) Without limiting subsection (5), a person is not guilty of an offence under subsection (1) if the person wore or was in possession of the police uniform for the purposes of a public entertainment or in connection with the exercising of functions as a member of the Police Band.

(7) The Commissioner may grant licences for the purposes of this section, with or without conditions, and may vary or revoke any such licences.

(8) In this section—

motor vehicle has the same meaning as in the Road Transport Act 2013.

police insignia means—

(a) any items (being insignia, emblems, logos, devices, accoutrements and other things) that are generally recognised as pertaining to the NSW Police Force or as being used by police officers, or

(b) any parts of any such items, or

(c) any reasonable imitation of any such items or parts, or