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](/view/html/inforce/current/act-2013-018). > > > > 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 > > > > > (d) any thing or class of thing prescribed by the regulations as being within this definition (whether or not it may already be within this definition), > > > > and includes police uniforms, but does not include any thing or class of thing prescribed by the regulations as being outside this definition. > > > > police uniform means the uniform of a police officer, and includes— > > > > > (a) any parts of such a uniform (or any accoutrements of a police officer) that are generally recognised as parts of the uniform or accoutrements of a police officer, or > > > > > (b) any reasonable imitation of such a uniform, parts of a uniform or accoutrements. > > > > sell means sell, exchange or let on hire, and includes— > > > > > (a) offer, expose, possess, send, forward or deliver for sale, exchange or hire, or > > > > > (b) cause, suffer or allow any of the above. > > > > use of police insignia includes use of a reproduction or representation of police insignia. > > Maximum penalty—100 penalty units or imprisonment for 2 years, or both. > > **s 203 (formerly s 102):** Renumbered 1993 No 38, Sch 3 (10). Am 1993 No 38, Sch 3 (11). Subst 1999 No 73, Sch 1 \[5\]. Am 2002 No 51, Sch 1 \[6\]; 2006 No 94, Sch 2 \[36\] \[37\]; 2013 No 19, Sch 4.62 \[1\]; 2013 No 56, Sch 1 \[2\] \[3\]; 2016 No 2, Sch 3 \[37\].