Police Act 1990 No 47

Currency

As amended to Police Amendment (Executives and Administrative Employees) Regulation 2017 (No 596). Commenced 31 October 2017. Current to 21 August 2018.

Jurisdiction

Section 207(1): Proceedings for an offence against this Act or the regulations may be dealt with summarily before the Local Court.

Section 207(2): Nothing prevents proceedings for an offence against this Act or the regulations from being brought against a person who has ceased to be a member of the NSW Police Force, but who was such a member when the offence was allegedly committed.

Section 207(3): If an offence against this Act is an indictable offence, the Local Court may nevertheless hear and determine the proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.

Section 207(4): If, in accordance with 207(3), the Local Court convicts a person of such an offence, the maximum penalty that the court may impose is 50 pu or imprisonment for 2 yrs, or both.

Time for commencement

Sections 167A(3) and 206(4A): Proceedings for an offence against these sections may be instituted at any time within 2 yrs after the offence is alleged to have been committed.

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.

Protection from personal liability for police officers

Section 213: Police are not liable for any injury or damage caused by any act or omission in the exercise in good faith of a function conferred or imposed by the Police Act 1990 or any other Act or law (whether written or unwritten).

SECTION DESCRIPTION PENALTY (MAX)
167A(1) Knowingly make false complaint under Pt 8A 50 pu and/or 12 mths
167A(2) Knowingly provide false/misleading info re police conduct 50 pu and/or 12 mths
200(1) Member of NSW Police Force receive/solicit bribe 50 pu* and/or 2 yrs*

[200 pu and/or 7 yrs]

200(2) Give/offer bribe to/make collusive arrangement with member of NSW Police Force 50 pu* and/or 2 yrs*

[200 pu and/or 7 yrs]

201 Police officer neglect/refuse/not carry out any lawful order 20 pu
202 Gain admission to NSW Police Force under false pretences 5 pu and/or 3 mths
203(1)–(4) Unauthorised wearing/use etc of police uniform/insignia/vehicle with police insignia 50 pu* and/or 2 yrs
[100 pu]
204A(1) Carry on activity under an operating name using the word “police” 50 pu*
[100 pu]
205 Unauthorised use of police designations, imply self as police officer 50 pu* and/or 6 mths
[100 pu]
206(2) Police officer take detrimental action against other police officer by way of reprisal 50 pu and/or 12 mths
211E(1) Unlawfully disclose information obtained under Act 10 pu and/or 6 mths
217(3) Police member not comply with direction during inquiry/assist inquiry 20 pu and/or 6 mths
*

Maximum penalty in the Local Court: s 207(4).