Part 9APolice security officers

Part 9A—Police security officers Division 1—Preliminary 63A—Interpretation In this Part, unless the contrary intention appears— dangerous object or substance means— (a) an explosive, explosive device or incendiary device; or (b) a dangerous article, offensive weapon or prohibited weapon, in each case within the meaning of section 21A of the Summary Offences Act 1953; or (c) a firearm within the meaning of the Firearms Act 2015; or (d) a pathogen; or (e) any other object or substance that is reasonably capable of being used to jeopardise the security of persons or property; protected person means a public official, or a public official of a class, determined under section 63B to be in need of protective security; protected place means a place, or a place of a class, determined under section 63B to be in need of protective security; protected vehicle means a vehicle, or a vehicle of a class, determined under section 63B to be in need of protective security; public area means an area (for example, a public road, footpath or forecourt) to which members of the public ordinarily have free access; public authority means— (a) the Crown; or (b) a Minister of the Crown; or (c) an agency or instrumentality of the Crown; public building includes a public monument or structure; public official includes an official or dignitary from a place other than this State; vehicle means anything designed to transport a person or goods by road, rail, air or water. 63B—Determination of protected persons, places or vehicles (1) The Minister may, for the purposes of protecting the security of public officials, public buildings or public infrastructure, make any of the following determinations: (a) a determination that specified public officials, or public officials of a specified class, are in need of protective security; (b) a determination that specified places, or places of a specified class, (whether or not public buildings or public infrastructure) are in need of protective security; (c) a determination that specified vehicles, or vehicles of a specified class, are in need of protective security. (2) A determination under this section— (a) must be made by instrument in writing; and (b) takes effect from the date specified in the instrument and continues until the expiry date (if any) specified in the instrument or the making of a further determination under this section that revokes or replaces the determination. (3) If a determination under subsection (1)(b) relates (in whole or in part) to a public area, the Minister must cause the area to be enclosed by barriers or signposted as a police security area (but a failure to comply with this subsection does not affect the operation of the determination). (4) A determination under subsection (1)(b) may not relate (in whole or in part) to a place that is owned by a person other than a public authority and is not a public area without the consent of that person. 63C—References to protective security officers in other Acts etc A reference in any Act, or any instrument or other document, to a protective security officer (within the meaning of the Protective Security Act 2007 as in force immediately before the commencement of this section) will be taken to be a reference to a police security officer. Division 2—Modification of operation of this and other Acts etc in relation to police security officers 63D—Regulations may modify operation of this and other Acts etc in relation to police security officers (1) The Governor may make regulations— (a) applying or modifying specified provisions of this Act; or (b) applying or modifying specified provisions of the Police Complaints and Discipline Act 2016, in relation to police security officers (whether such regulations relate to the additional duties referred to in subsection (2) or otherwise). (2) The Governor may make regulations for the purpose of enabling police security officers, a class of police security officers or a specified police security officer or officers to perform additional duties. (3) The regulations may do any or all of the following: (a) modify the operation of a specified provision of this Act or any other Act that prevents, or is otherwise inconsistent with, the performance of the additional duties; (b) make consequential or related modifications to the operation of this or any other Act where modifications referred to in paragraph (a) are made; (c) confer powers on police security officers generally, a class of police security officers or a specified police security officer or officers. (4) The regulations may— (a) make provisions of a saving or transitional nature; or (b) provide for fines, not exceeding $10 000, for offences against the regulations; or (c) prescribe expiation fees, not exceeding $5 000, for offences against the regulations; or (d) provide for facilitation of proof of the commission of offences and other evidentiary matters. Division 3—Appointment etc of police security officers 63E—Appointment of police security officers The Commissioner may appoint as many police security officers as the Commissioner thinks necessary. 63F—Commissioner may determine structure of ranks The Commissioner may determine a structure of ranks that will apply to police security officers. 63G—Oath or affirmation by police security officers A person's appointment as a police security officer is rendered void if the person does not on appointment make an oath or affirmation in the form prescribed by regulation. 63H—Conditions of appointment (1) The conditions of appointment of a police security officer may be determined by the Commissioner. (2) A determination by the Commissioner must provide for the payment of remuneration, allowances and expenses in accordance with a specified scale. (3) A determination under this section may relate to police security officers generally, a class of police security officers or a particular police security officer. 63I—Identification of police security officers (1) A police security officer must be issued with an identity card in a form approved by the Commissioner— (a) containing a photograph of the person and the person's name or a unique identification code; and (b) stating that the person is a police security officer under this Act. (2) If a police security officer is not in official uniform, the officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act or any other Act, produce their identity card for inspection by the person. (3) If a person in possession of an identity card issued to the person under this section ceases to be a police security officer, the person must immediately return the identity card to the Commissioner. Maximum penalty: $1 250. 63J—Suspension or termination of appointment of police security officer (1) The Commissioner may suspend or terminate a person's appointment as a police security officer if the Commissioner is satisfied after due inquiry that there is proper cause to do so. (2) The power to suspend or terminate a person's appointment under this section does not apply in relation to a matter to which the Police Complaints and Discipline Act 2016 applies. (3) The Commissioner may at any time revoke a suspension of a person's appointment under this Part. 63K—Resignation and relinquishment of official duties (1) A police security officer may resign by not less than 14 days notice in writing to the Commissioner (unless notice of a shorter period is accepted by the Commissioner). (2) A police security officer must not relinquish official duties unless the officer— Maximum penalty: $1 250 or imprisonment for 3 months.