6Application of Act

#### 6 Application of Act 6 Application of Act > > (1) Except as provided by this section, this Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities. > > > (2) Any person who is employed in any of the following capacities does not carry on a security activity while, and to the extent that, the person is performing official duties in that capacity or in the course of that employment— > > > > > (a) a police officer or other member of the NSW Police Force, > > > > > (b) a police officer of the Commonwealth, another State or a Territory, > > > > > (c) a member of the armed forces of the Commonwealth. > > > > > (d) (Repealed) > > > (2A) A person does not carry on a security activity while, and to the extent that, the person is performing official duties in the course of his or her employment by or in any of the following— > > > > > (a) the New South Wales Crime Commission, > > > > > (b) the Australian Crime Commission, > > > > > (c) the Law Enforcement Conduct Commission, > > > > > (d) the Independent Commission Against Corruption, > > > > > (e) the Department of Attorney General and Justice as a correctional officer (within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)) or a juvenile justice officer, > > > > > (f) any other agency responsible for the enforcement of criminal laws of the State, of the Commonwealth or of another State or Territory. > > > (2B), (2C) (Repealed) > > > (3) The regulations may exempt a person or class of persons from the operation of this Act— > > > > > (a) in the circumstances prescribed by the regulations, and > > > > > (b) subject to the conditions, if any, prescribed by the regulations. > > > (4) A regulation made under subsection (3) may create offences in relation to a failure to comply with a condition prescribed in relation to an exemption. > > **s 6:** Am 2005 No 63, Sch 1 \[5\]–\[8\]; 2006 No 94, Sch 3.32 \[1\]; 2012 No 49, Sch 1 \[10\]; 2013 No 56, Sch 3.9; 2016 No 61, Sch 6.40 \[1\]; 2017 No 16, Sch 1 \[1\]; 2022 No 52, Sch 1\[8\]; 2025 No 60, Sch 2.1\[1\].